5 C.F.R. PART 724—IMPLEMENTATION OF TITLE II OF THE NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION AND RETALIATION ACT OF 2002
Title 5 - Administrative Personnel
Authority: Sec. 204 of Pub. L. 107–174, 116 Stat. 566; Presidential Memorandum dated July 8, 2003, “Delegation of Authority Under Section 204(a) of the Notification and Federal Employee Antidiscrimination Act of 2002.”
Source: 71 FR 27187, May 10, 2006, unless otherwise noted.
This subpart implements Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 concerning the obligation of Federal agencies to reimburse the Judgment Fund for payments. The regulations describe agency obligations and the procedures for reimbursement and compliance.
Link to an amendment published at 71 FR 41098, July 20, 2006. In this part: Agency means an Executive agency as defined in 5 U.S.C. 105, the United States Postal Service, or the Postal Rate Commission; Applicant for Federal employment means an individual applying for employment in or under a Federal agency; Employee means an individual employed in or under a Federal agency; Former Employee means an individual formerly employed in or under a Federal agency; Judgment Fund means the Judgment Fund established by 31 U.S.C. 1304; No FEAR Act means the “Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002;” Payment, subject to the following exception, means a disbursement from the Judgment Fund on or after October 1, 2003, to an employee, former employee, or applicant for Federal employment, in accordance with 28 U.S.C. 2414, 2517, 2672, 2677 or with 31 U.S.C. 1304, that involves alleged discriminatory or retaliatory conduct described in 5 U.S.C. 2302(b)(1) and (b)(8) or (b)(9) as applied to conduct described in 5 U.S.C. 2302(b)(1) and/or (b)(8) or conduct described in 29 U.S.C. 206(d), 29 U.S.C. 631, 29 U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 2000e-16. For a proceeding involving more than one disbursement from the Judgment Fund, however, this term shall apply only if the first disbursement occurred on or after October 1, 2003. A Federal agency (or its successor agency) must reimburse the Judgment Fund for payments covered by the No FEAR Act. Such reimbursement must be made within a reasonable time as described in §724.104. (a) The procedures that agencies must use to reimburse the Judgment Fund are those prescribed by the Financial Management Service (FMS), the Department of the Treasury, in Chapter 3100 of the Treasury Financial Manual. All reimbursements to the Judgment Fund covered by the No FEAR Act are expected to be fully collectible from the agency. FMS will provide written notice to the agency's Chief Financial Officer within 15 business days after payment from the Judgment Fund. (b) Within 45 business days of receiving the FMS notice, agencies must reimburse the Judgment Fund or contact FMS to make arrangements in writing for reimbursement. An agency's failure to reimburse the Judgment Fund, to contact FMS within 45 business days after receipt of an FMS notice for reimbursement under §724.104 will be recorded on an annual basis and posted on the FMS Web site. After an agency meets the requirements of §724.104, the recording will be eliminated no later than the next annual posting process. This subpart is effective on October 1, 2003.
Link to an amendment published at 71 FR 41098, July 20, 2006.
Title 5: Administrative Personnel
PART 724—IMPLEMENTATION OF TITLE II OF THE NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION AND RETALIATION ACT OF 2002
Section Contents
§ 724.101 Purpose and scope.
§ 724.102 Definitions.
§ 724.103 Agency obligations.
§ 724.104 Procedures.
§ 724.105 Compliance.
§ 724.106 Effective date.
Subpart A—Reimbursement of Judgement Fund
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§ 724.101 Purpose and scope.
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§ 724.102 Definitions.
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§ 724.103 Agency obligations.
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§ 724.104 Procedures.
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§ 724.105 Compliance.
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§ 724.106 Effective date.
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Subpart B—Notification of Rights and Protections and Training
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Subpart C—Annual Report [Reserved]
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Subpart D—Best Practices [Reserved]
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