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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