H.R.702 – Federal Employee Anti-discrimination Act of 2017

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Week ending July 14, 2017

H.R.702 – Federal Employee Anti-discrimination Act of 2017


‘H.R. 702, the Federal Employee Antidiscrimination Act of 2017, amends the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 to strengthen Equal Employment Opportunity protections for federal employees.’

‘The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act) was enacted to address the “need for accountability, reporting, and notification in regard to discrimination and retaliation against [f]ederal employees.’ ‘However, challenges remain in preventing discrimination in the federal workplace and ensuring that claims of discrimination are adjudicated in a fair and timely manner.’

To that end ‘H.R. 702 amends the No FEAR Act to ensure that appropriate entities investigate and report on allegations of discrimination in a timely manner. H.R. 702 accomplishes this objective by increasing the transparency surrounding EEO processes and outcomes.

‘H.R. 702 adds a new title to the No FEAR Act to improve agency EEO programs across the federal government by ensuring that they function independent of agency human resource and general counsel offices.

‘H.R. 702 also requires that the heads of agency EEO programs report directly to agency heads to prevent potential conflicts of interest within an agency.

‘The legislation also requires that an agency post on its website a notation regarding any finding of discrimination or retaliation that includes the date of the finding, when the act or acts occurred, and what law(s) were violated.’

 (Full text of H.R. 702 at congress.gov)

Sponsor:  Rep. Cummings, Elijah E. [D-MD-7] (Introduced 01/27/2017)

Status: Passed House /



On Passage: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote

House Amendments:

Motion to recommit:

Text of the motion:


On Passage:

Procedural Actions:

Senate Amendments:


Cost to the taxpayersCBO expects that most of the provisions in the bill would build on the current policies and practices of the federal government. Currently, the federal government, through laws, regulations, and agency policies, prohibits discrimination in all phases of employment. CBO expects that under the bill there would be some minor additional costs for agencies to track and report discriminatory acts and to notify the public of violations of antidiscrimination laws. Based on the costs of similar activities, CBO estimates that implementing H.R. 702 would increase federal administrative costs by less than $500,000 annually; such spending would be subject to the availability of appropriated funds.

Pay-as-you-go requirements:  Enacting H.R. 702 could affect direct spending by some agencies (such as the Tennessee Valley Authority) because they are authorized to use receipts from the sale of goods, fees, and other collections to cover their operating costs. Therefore, pay-as-you-go procedures apply. Because most of those agencies can make adjustments to the amounts collected, CBO estimates that any net changes in direct spending by those agencies would be negligible. Enacting the legislation would not affect revenues.

Regulatory and Other Impact: .R. 702 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would not affect the budgets of state, local, or tribal governments.

Dynamic Scoring:   CBO estimates that enacting H.R. 702 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028.

Tax Complexity:  Not applicable to this bill.

Earmark Certification:    This bill does not include any congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9 of rule XXI.

Duplication of programs:    In accordance with clause 2(c)(5) of rule XIII, no provision of this bill establishes or reauthorizes a program of the federal government known to be duplicative of another federal program.

Direct Rule-Making:  The Committee estimates that enacting this bill does not direct the completion of any specific rule makings within the meaning of section 551 or title 5, United States Code.

Advisory Committee Statement:     The Committee finds that the legislation does not establish or authorize the establishment of an advisory committee within the definition of Section 5(b) of the appendix to title 5, United States Code.

Budget Authority: Data not available

Constitutional Authority:   Assumed.


More Bill Information:


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