[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR724.302]

[Page 26-27]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 724_IMPLEMENTATION OF TITLE II OF THE NOTIFICATION AND FEDERAL EMPLOYEE 
 
                         Subpart C_Annual Report
 
Sec.  724.302  Reporting obligations.

    (a) Except as provided in paragraph (b) of this section, each agency 
must report no later than 180 calendar days after the end of each fiscal 
year the following items:
    (1) The number of cases in Federal court pending or resolved in each 
fiscal year and arising under each of the respective provisions of the 
Federal Antidiscrimination Laws and Whistleblower Protection Laws 
applicable to them as defined in Sec.  724.102 of subpart A of this part 
in which an employee, former Federal employee, or applicant alleged a 
violation(s) of these laws, separating data by the provision(s) of law 
involved;
    (2) In the aggregate, for the cases identified in paragraph (a)(1) 
of this section and separated by provision(s) of law involved:
    (i) The status or disposition (including settlement);
    (ii) The amount of money required to be reimbursed to the Judgment 
Fund by the agency for payments as defined in Sec.  724.102 of subpart A 
of this part;
    (iii) The amount of reimbursement to the Fund for attorney's fees 
where such fees have been separately designated;
    (3) In connection with cases identified in paragraph (a)(1) of this 
section, the total number of employees in each fiscal year disciplined 
as defined in Sec.  724.102 of subpart A of this part and the specific 
nature, e.g., reprimand, etc., of the disciplinary actions taken, 
separated by the provision(s) of law involved;
    (4) The final year-end data about discrimination complaints for each 
fiscal year that was posted in accordance with Equal Employment 
Opportunity Regulations at subpart G of title 29 of the Code of Federal 
Regulations (implementing section 301(c)(1)(B) of the No FEAR Act);
    (5) Whether or not in connection with cases in Federal court, the 
number of employees in each fiscal year disciplined as defined in Sec.  
724.102 of subpart A of this part in accordance with any agency policy 
described in paragraph (a)(6) of this section. The specific

[[Page 27]]

nature, e.g., reprimand, etc., of the disciplinary actions taken must be 
identified.
    (6) A detailed description of the agency's policy for taking 
disciplinary action against Federal employees for conduct that is 
inconsistent with Federal Antidiscrimination Laws and Whistleblower 
Protection Laws or for conduct that constitutes another prohibited 
personnel practice revealed in connection with agency investigations of 
alleged violations of these laws;
    (7) An analysis of the information provided in paragraphs (a)(1) 
through (6) of this section in conjunction with data provided to the 
Equal Employment Opportunity Commission in compliance with 29 CFR part 
1614 subpart F of the Code of Federal Regulations. Such analysis must 
include:
    (i) An examination of trends;
    (ii) Causal analysis;
    (iii) Practical knowledge gained through experience; and
    (iv) Any actions planned or taken to improve complaint or civil 
rights programs of the agency with the goal of eliminating 
discrimination and retaliation in the workplace;
    (8) For each fiscal year, any adjustment needed or made to the 
budget of the agency to comply with its Judgment Fund reimbursement 
obligation(s) incurred under Sec.  724.103 of subpart A of this part; 
and
    (9) The agency's written plan developed under Sec.  724.203(a) of 
subpart B of this part to train its employees.
    (b) The first report also must provide information for the data 
elements in paragraph (a) of this section for each of the five fiscal 
years preceding the fiscal year on which the first report is based to 
the extent that such data is available. Under the provisions of the No 
FEAR Act, the first report was due March 30, 2005 without regard to the 
status of the regulations. Thereafter, under the provisions of the No 
FEAR Act, agency reports are due annually on March 30th. Agencies that 
have submitted their reports before these regulations became final must 
ensure that they contain data elements 1 through 8 of paragraph (a) of 
this section and provide any necessary supplemental reports by April 25, 
2007. Future reports must include data elements 1 through 9 of paragraph 
(a) of this section.
    (c) Agencies must provide copies of each report to the following:
    (1) Speaker of the U.S. House of Representatives;
    (2) President Pro Tempore of the U.S. Senate;
    (3) Committee on Governmental Affairs, U.S. Senate;
    (4) Committee on Government Reform, U.S. House of Representatives;
    (5) Each Committee of Congress with jurisdiction relating to the 
agency;
    (6) Chair, Equal Employment Opportunity Commission;
    (7) Attorney General; and
    (8) Director, U.S. Office of Personnel Management.