for each week that agency fails to take action against em-
ployees who falsify evidence in a proceeding under Title 
VII. 
SEC. 303. ROLE OF DEPARTMENT OF JUSTICE. 
(a) REFERRAL.—The Equal Employment Oppor-
tunity Commission and any agency that becomes aware 
of a criminal violation shall refer the matter to the Depart-
ment of Justice for prosecution when agency officials are 
found liable for intimidating or harassing employees that 
testify before Congress. If an employee alleges that intimi-
dation or harassment has occurred as a result of congres-
sional testimony by that employee, Congress should work 
in collaboration with the No FEAR Oversight office to in-
vestigate the allegation and refer it to the Department of 
Justice for prosecution if appropriate. 
(b) REPORT.—Not later than 180 days after a deter-
mination not to prosecute a matter referred under this 
section, the Department of Justice shall provide to Con-
gress a justification for that determination. 
SEC. 304. NO FEAR OVERSIGHT OFFICE. 
The Comptroller General shall take such measures as 
may be necessary to ensure that an office, to be known 
as the ‘‘No FEAR Oversight Office’’, shall be created 
within the Government Accountability Office. The No 
FEAR Oversight Office shall be the official clearinghouse 
VerDate Nov 24 2008 
03:14 Jan 09, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H67.IH
H67
wwoods2 on PRODPC68 with BILLS
for the Federal Government and provide written informa-
tion to Congress, the executive branch, and the public on 
the enforcement of the No FEAR Act of 2002. The No 
FEAR Oversight Office shall be established within 30 
days after the date of the enactment of this Act. 
TITLE IV—DAMAGES AND 
RELIEF 
SEC. 401. CLARIFICATION OF TITLE VII LIABILITY CAPS, 
DAMAGES REMEDIES. 
(a) CLARIFY TITLE VII LIABILITY LIMITS.—For 
Federal Government Title VII cases, the liability limits for 
Federal workplace discrimination cases under Title VII is 
$300,000 per each claim or alleged violation of said law 
adjudicated in favor of the claimant, whether or not said 
violation sustains one or more additional claims when con-
sidered in conjunction with other unlawful activity. There-
fore, claimants are not limited to $300,000 compensatory 
damage cap per case as currently being interpreted by the 
Federal courts, but rather $300,000 per each claim 
awarded in favor of the plaintiff in the entire case. Fur-
thermore, Title VII is only the exclusive remedy for work-
force discrimination claims. Title VII is not the exclusive 
source of Federal statutory, workforce rights or exclusive 
remedy for their violation. 
VerDate Nov 24 2008 
03:14 Jan 09, 2009
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H67.IH
H67
wwoods2 on PRODPC68 with BILLS
(b) RELIEF.—Should an administrative agency or 
court find for the employee in a subsequent claim and that 
the relief requested some or all was appropriate, the em-
ployee shall be entitled to liquidated damages (after taxes) 
plus all reasonable fees to attorneys. This shall not be con-
sidered a part of compensatory damages. Entitlement to 
damages under this provision is a post judgment pro-
ceeding. 
SEC. 402. NO IMMUNITY FROM INDIVIDUAL LIABILITY FOR 
FEDERAL OFFICIALS. 
It shall not be a defense to a civil action against an 
individual arising out of a violation of Title VII that the 
individual was acting in the capacity of a Government offi-
cer and employee at the time of the violation. 
Æ 
VerDate Nov 24 2008 
03:14 Jan 09, 2009
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6301
E:\BILLS\H67.IH
H67
wwoods2 on PRODPC68 with BILLS