(3) compensation for any special damages sus-
tained as a result of the discrimination, including 
litigation costs, expert witness fees, and reasonable 
attorneys fees; and 
(4) punitive damages in an amount not to ex-
ceed the greater of 3 times the amount of any mone-
tary damages awarded under this Act (apart from 
this paragraph) or $5,000,000. 
SEC. 5. STATE SECRETS PRIVILEGE. 
If, in any action brought under section 3(a)(2), the 
Government asserts as a defense the privilege commonly 
referred to as the ‘‘state secrets privilege’’ and the asser-
tion of such privilege prevents the plaintiff from estab-
lishing a prima facie case in support of the plaintiff’s 
claim, the court shall enter judgment for the plaintiff and 
shall determine the relief to be granted. 
SEC. 6. CRIMINAL PENALTIES. 
(a) IN GENERAL.—Any person violating section 2 
may be fined under title 18 of the United States Code, 
imprisoned not more than 10 years, or both. 
(b) REPORTING REQUIREMENTS.—The Department 
of Justice shall (based on such periodic reports and other 
information from the Department of Labor as the Depart-
ment of Justice may require) submit to Congress an an-
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nual report on the enforcement of subsection (a). Each 
such report shall— 
(1) identify each case in which formal charges 
under subsection (a) were brought; 
(2) describe the status or disposition of each 
such case; and 
(3) in any actions under section 3(a)(2) in 
which the covered individual was the prevailing party 
or the substantially prevailing party, indicate wheth-
er or not any formal charges under subsection (a) 
have been brought and, if not, the reasons therefor. 
SEC. 7. RIGHTS RETAINED BY COVERED INDIVIDUAL. 
Nothing in this Act shall be deemed to diminish the 
rights, privileges, or remedies of any covered individual 
under any Federal or State law, or under any collective 
bargaining agreement. The rights and remedies in this Act 
may not be waived by any agreement, policy, form, or con-
dition of employment. 
SEC. 8. NOTIFICATION. 
The provisions of this Act shall be prominently posted 
in any place of employment to which this Act applies. 
SEC. 9. DEFINITIONS. 
For purposes of this Act— 
(1) the term ‘‘covered individual’’ means an em-
ployee or a member of the uniformed services (as de-
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fined by section 2101(3) of title 5, United States 
Code)— 
(A) serving in or under— 
(i) an Executive agency (as defined by 
section 105 of such title 5), a military de-
partment (as defined by section 103 of 
such title 5), or any other instrumentality 
of the Government (which, for purposes of 
this Act, includes the Department of 
Homeland Security, the Transportation Se-
curity Administration, and any other in-
strumentality of the Government, notwith-
standing any special personnel authorities 
which might be available to such instru-
mentality under law); 
(ii) a Federal contractor or subcon-
tractor; or 
(iii) the Federal National Mortgage 
Association, the Federal Home Loan Mort-
gage Corporation, and any other federally 
chartered entity; or 
(B) employed by an employer within the 
meaning of section 701(b) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e(b)); 
(2) the term ‘‘employee’’ means— 
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(A) with respect to an employer referred to 
in paragraph (1)(A)(i), an employee as defined 
by section 2105 of title 5, United States Code; 
and 
(B) with respect to an employer referred to 
in paragraph (1)(A)(ii) or (1)(B), any officer, 
partner, employee, or agent; 
such term, as defined by subparagraph (A), includes 
an individual holding a position in an instrumen-
tality of the Government identified in the parenthet-
ical matter under paragraph (1)(A); 
(3) the term ‘‘evidence’’ means information that 
meets the standard for admissibility under the Fed-
eral Rules of Evidence, or is used as part of the 
record in support of a finding in an investigative re-
port or decision by a government office with jurisdic-
tion; 
(4) the term ‘‘Federal contractor’’ means a per-
son who has entered into, or responded to a request 
for proposals or solicitation for bids to enter into, a 
contract with an instrumentality of the Government; 
(5) the term ‘‘lawful’’ means not specifically 
prohibited by law, except that, in the case of any in-
formation the disclosure of which is specifically pro-
hibited by Federal statute or specifically required by 
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Executive order to be kept secret in the interest of 
national defense or the conduct of foreign affairs, 
any disclosure of such information to any Member of 
Congress, committee of Congress, or other recipient 
authorized to receive such information, shall be 
deemed lawful; 
(6) the term ‘‘law, rule, or regulation’’ refers to 
a law of the United States and any rule or regula-
tion prescribed under any such law; 
(7) the term ‘‘person’’ means a corporation, 
partnership, State entity, business association of any 
kind, trust, joint-stock company, or individual; 
(8) the term ‘‘reasonably believes’’, with respect 
to information provided by a covered individual, 
means only that a disinterested observer with knowl-
edge of the essential facts known to and readily 
ascertained by the covered individual could conclude 
that the information constitutes evidence of conduct 
described under section 2(1); and 
(9) the term ‘‘subcontractor’’, with respect to a 
Federal contractor, means any person, other than 
the Federal contractor, who offers to furnish or fur-
nishes any supplies, materials, equipment, or serv-
ices of any kind under a contract with an instrumen-
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