more accountable for their violations of employment 
discrimination and whistleblower protection laws; 
(2) defining and prescribing timely, definitive 
disciplinary action for Federal managers and super-
visors found violating the No FEAR Act of 2002 
provides more accountability and consequences for 
discrimination 
and 
retaliation 
against 
whistle-
blowers; 
(3) establishing a definitive period for reimburs-
ing the Judgment Fund (as prescribed in section 
201 of the No FEAR Act of 2002) should encourage 
timely resolution or settlement of complaints; 
(4) extending notification of No FEAR provi-
sions to cover all employees, including employees of 
contractors receiving a majority of their funding 
from contracts with the United States Government, 
should increase Federal agency compliance with the 
law; 
(5) addressing damages and relief should clarify 
compensation available to complaining parties pursu-
ant to the 1991 amendments to Title VII; and 
(6) extending whistleblower protection to vet-
erans hospitals and physicians and other medical 
professionals who work in health care facilities that 
receive the majority of their funding from the Fed-
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eral Government should support and protect medical 
professionals from discrimination and retaliation. 
SEC. 103. DEFINITIONS. 
For the purposes of this Act— 
(1) the term ‘‘claim’’ means a cause of action 
or an alleged discriminatory or retaliatory act identi-
fied in a complaint; 
(2) the term ‘‘criminal violation’’ includes any 
of the offenses proscribed by section 241, 371, 373, 
or 1962 of title 18, United States Code, including 
fraud, perjury, bribery, witness tampering, and ob-
struction of justice; 
(3) the term ‘‘culpable official’’ means an indi-
vidual, currently or formerly employed by a Federal 
agency, whose conduct in the course of that employ-
ment is the basis for a final finding of discrimina-
tion; 
(4) the term ‘‘disciplinary action’’ includes a 
suspension, demotion, or termination; 
(5) the term ‘‘employee’’ means any Federal 
employee within the meaning of section 103 of the 
No FEAR Act of 2002 and any other individual, in-
cluding permanent, temporary, full- or part-time em-
ployees or independent contractors performing serv-
ices for an organization that in whole or in part is 
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a contractor or grantee or other entity that receives 
a majority of its funding from the Federal Govern-
ment; 
(6) the term ‘‘Federal official’’ means any man-
ager, supervisor, or senior policy official employed by 
a Federal agency and having any of the powers and 
responsibilities of management— 
(A) to give instructions or orders to subor-
dinates; 
(B) to be held responsible for the work and 
actions of other employees; or 
(C) to administer discipline and penalties; 
(7) the term ‘‘final finding of discrimination’’ 
means a finding of discrimination (as described in 
section 201(a) of the No FEAR Act of 2002) that 
is final and not appealable, and includes an order of 
settlement; 
(8) the term ‘‘immediately’’ means within less 
than 10 calendar days; 
(9) the term ‘‘Title VII’’ means title VII of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); 
and 
(10) the term ‘‘whistleblower’’ means an em-
ployee who discloses information which the employee 
reasonably believes evidences— 
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(A) a violation of Title VII or any other 
law, or of any rule or regulation; or 
(B) gross mismanagement, a gross waste 
of funds, an abuse of authority, or a substantial 
and specific danger to public health or safety. 
SEC. 104. AMENDMENTS TO TITLE I OF THE NO FEAR ACT 
OF 2002. 
Section 102(6) of the Notification and Federal Em-
ployee Antidiscrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note), in this Act referred to as the ‘‘No 
FEAR Act of 2002’’, is amended— 
(1) in subparagraph (A), by striking ‘‘within a 
reasonable time’’ and inserting ‘‘no later than two 
years after the Judgment Fund makes the pay-
ment’’; and 
(2) in subparagraph (B), by striking ‘‘agency, 
may need to extend reimbursement over several 
years’’ and inserting ‘‘agency, may need to make ar-
rangements for a payment schedule with the Treas-
ury not to exceed two years’’. 
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TITLE 
II—AMENDMENTS 
TO 
TITLE II OF THE NO FEAR 
ACT OF 2002 
SEC. 201. AMENDMENTS RELATING TO REIMBURSEMENT 
REQUIREMENT. 
Subsection (b) of section 201 of the No FEAR Act 
of 2002 is amended— 
(1) by making the text of such subsection a 
paragraph (1), indented 2 ems and with a heading 
that reads as follows: 
‘‘(1) IN GENERAL.—’’; and 
(2) by adding at the end the following: 
‘‘(2) NOTICE TO BE PROVIDED BY AGENCY.— 
No later than 45 days after the date of the receipt 
of a final finding of discrimination, the agency shall 
notify the Department of the Treasury— 
‘‘(A) of its responsibility to repay the 
Judgment Fund; and 
‘‘(B) to arrange payment of the full 
amount or to make arrangements for a pay-
ment schedule in accordance with paragraph 
(3). 
‘‘(3) 
DEADLINE
FOR
REPAYMENTS
GEN-
ERALLY.—The agency shall repay the Judgment 
Fund in full no later than the close of the second 
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fiscal year beginning after the date on which the 
Judgment Fund makes the payment (or, if made 
under a payment schedule, the close of the second 
fiscal year beginning after the date on which the 
Judgment Fund makes the final payment).’’. 
SEC. 202. AMENDMENTS RELATING TO NOTIFICATION RE-
QUIREMENT. 
Section 202 of the No FEAR Act of 2002 is amend-
ed— 
(1) in subsection (a), by striking ‘‘to Federal 
employees,’’ and inserting ‘‘to Federal employees 
(including any employee of a contractor receiving 
more than 50 percent of its annual gross revenues 
from Federal contracts),’’; 
(2) in subsection (b), by adding at the end the 
following: ‘‘Within 3 days after the date of the en-
actment of the No FEAR Act of 2009, and annually 
thereafter, each Federal agency shall notify its em-
ployees, by e-mail or voice mail, of the Internet site 
used by such agency in compliance with the pre-
ceding sentence.’’; and 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) EMPLOYEE TRAINING.—Each Federal agency 
shall ensure that employees of such agency receive training 
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regarding the rights and remedies applicable to such em-
ployees under the respective provisions of law covered by 
paragraphs (1) and (2) of section 201(a).’’. 
SEC. 203. AMENDMENTS RELATING TO REPORTING RE-
QUIREMENT. 
(a) IN GENERAL.—Section 203(a) of the No FEAR 
Act of 2002 is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(7); 
(2) by striking the period at the end of para-
graph (8) and inserting a semicolon; and 
(3) by adding after paragraph (8) the following: 
‘‘(9) data on all class actions filed, including 
size, status, filing date, number of suits filed against 
the agency, and demographic make-up; 
‘‘(10) request for counseling by race or sex, as 
well as individuals who fall within both categories; 
‘‘(11) total workforce and ethnic representation, 
including race and national origin data; 
‘‘(12) number and nature of personnel griev-
ances alleging prohibited personnel practices; 
‘‘(13) the total dollar amount by fiscal years 
that the agency owes the Judgment Fund; 
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‘‘(14) total costs associated with processing and 
litigating cases, including salaries and travel costs of 
all personnel involved; 
‘‘(15) number of plaintiffs that prevailed in jury 
trials or administrative proceedings; and 
‘‘(16) specific agency office where discrimina-
tion was found.’’. 
(b) ADDITIONAL REPORTS.—Section 203 of the No 
FEAR Act of 2002 is amended by adding at the end the 
following: 
‘‘(c) REPORTS BY GAO.—The Government Account-
ability Office shall, within 90 days after the end of each 
fiscal year, prepare and submit to Speaker of the House 
of Representatives, the President pro tempore of the Sen-
ate, and each of the committees named or described in 
subsection (a), a report on the total costs incurred during 
such fiscal year which are associated with processing and 
litigating cases arising under each of the respective provi-
sions of law covered by paragraphs (1) and (2) of section 
201(a), including costs associated with Department of 
Justice litigation. 
‘‘(d) REPORTS BY AGENCIES.— 
‘‘(1) IN GENERAL.—Effective with respect to 
agency performance plans for fiscal years beginning 
not later than 6 months after the date of the enact-
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ment of this subsection, each Federal agency shall 
establish performance goals reflective of its efforts to 
implement this Act. 
‘‘(2) DEFINITIONS.—For purposes of this sub-
section— 
‘‘(A) the term ‘agency performance plan’ 
refers to an agency performance plan under 
section 1115 of title 31, United States Code 
(or, for purposes of the United States Postal 
Service, section 2803 of title 39, United States 
Code); and 
‘‘(B) the term ‘performance goal’ has the 
meaning given such term by section 1115(g)(4) 
of title 31, United States Code (or, for purposes 
of the United States Postal Service, section 
2801(3) of title 39, United States Code).’’. 
SEC. 204. TRAINING. 
(a) The No FEAR Institute, a nonprofit, non-Federal 
Government entity, is hereby specified as a source of train-
ing and counseling for Federal employees that is man-
dated by this Act with regard to their rights and remedies 
under antidiscrimination, retaliation, and harassment, as 
well as whistleblower protection laws. 
(b) The No FEAR Institute shall be recognized as 
an official Federal Government training institute and re-
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ceive annual funding, in accordance with such agreements 
as agencies and contractors may enter into with the No 
FEAR institute, in order to provide training to Federal 
employees and contractors receiving more than 50 percent 
of their annual budget from the Federal Government. 
TITLE III—ACCOUNTABILITY 
PROVISIONS 
SEC. 301. DISCIPLINARY ACTION REQUIREMENT. 
(a) FINAL FINDING
OF DISCRIMINATION WHERE 
MENTAL OR PHYSICAL HEALTH IS HARMED.—Upon a 
final finding of discrimination with respect to a culpable 
official in a case in which such official’s discriminatory 
or retaliatory acts are determined to have contributed to 
a loss of life or limb or any other substantial diminishment 
of an employee’s mental or physical health, the culpable 
official shall immediately— 
(1) be terminated from Federal service; 
(2) be debarred from Federal employment for a 
period not to exceed 5 years; and 
(3) forfeit any right to serve as a worker em-
ployed under any Federal contract. 
(b) FINAL FINDING OF DISCRIMINATION NOT COV-
ERED BY SUBSECTION (a).— 
(1) APPLICABILITY.—This subsection applies in 
the case of any final finding of discrimination, with 
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respect to a culpable official, which is not subject to 
subsection (a). 
(2) INITIAL FINDING.—Upon an initial finding 
of discrimination as described in paragraph (1)— 
(A) the culpable official shall imme-
diately— 
(i) be removed from service as a Fed-
eral official; and 
(ii) be demoted at least 1 pay grade 
(or the equivalent); and 
(B) the employing agency shall include in 
the culpable official’s official personnel record a 
notation to the effect that such a finding 
against such official was made. 
(3) SUBSEQUENT
FINDING.—Upon a subse-
quent finding of any discrimination with respect to 
the same official, such official shall immediately— 
(A) be terminated from Federal service; 
(B) be debarred from Federal employment 
for a period not to exceed 5 years; and 
(C) forfeit any right to serve as a worker 
employed under any Federal contract. 
SEC. 302. SANCTIONS. 
The Secretary of the Treasury shall impose a mone-
tary penalty of $10,000 on an agency of the United States 
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