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CORPORATE
RESPONSIBILITY
Federal
Laws on Whistleblower Protection
Sec.
806. PROTECTION FOR EMPLOYEES OF PUBLICLY TRADED COMPANIES WHO
PROVIDE EVIDENCE OF FRAUD.
(a) IN GENERAL.- Chapter 73 of title
18, United States Code, is amended by inserting after section
1514 the following:
"Section 1514A. Civil action to protect against retaliation
in fraud cases
"(a) WHISTLEBLOWER PROTECTION FOR
EMPLOYEES OF PUBLICALLY TRADED COMPANIES.- No company with a class
of securities registered under section 12 of the Securities Exchange
Act of 1934 (15 U.S.C. 78l), or that is required to file reports
under section 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78o(d)), or any officer, employee, contractor, subcontractor,
or agent of such company, may discharge, demote, suspend, threaten,
harass, or in any other manner discriminate against an employee
in the terms and conditions of employment because of any lawful
act done by the employee-
"(1)
to provide information, cause information to be provided, or otherwise
assist in an investigation regarding any conduct which the employee
reasonably believes constitutes a violation of section 1341, 1343,
1344, or 1348, any rule or regulation of the Securities and Exchange
Commission, or any provision of Federal law relating to fraud
against shareholders, when the information or assistance is provided
to or the investigation is conducted by-
"(A)
a Federal regulatory or law enforcement agency;
"(B)
any Member of Congress or any committee of Congress; or
"(C)
a person with supervisory authority over the employee (or such
other person working for the employer who has the authority to
investigate, discover, or terminate misconduct); or
"(2)
to file, cause to be filed, testify, participate in, or otherwise
assist in a proceeding filed or about to be filed (with any knowledge
of the employer) relating to an alleged violation of section 1341,
1343, 1344, or 1348, any rule or regulation of the Securities
and Exchange Commission, or any provision of Federal law relating
to fraud against shareholders.
"(b) ENFORCEMENT ACTION.-
"(1)
IN GENERAL.- A person who alleges discharge or other discrimination
by any person in violation of subsection (a) may seek relief under
subsection (c), by-
"(A) filing a complaint with the Secretary of Labor; or
"(B)
if the Secretary has not issued a final decision within 180 days
of the filing of the complaint and there is no showing that such
delay is due to the bad faith of the claimant, bringing an action
at law or equity for de novo review in the appropriate district
court of the United States, which shall have jurisdiction over
such an action without regard to the amount in controversy.
"(2)
PROCEDURE.-
"(A)
IN GENERAL.- An action under paragraph (1)(A) shall be governed
under the rules and procedures set forth in section 42121(b) of
title 49, United States Code.
"(B)
EXCEPTION.- Notification made under section 42121(b)(1) of title
49, United States Code, shall be made to the person named in the
complaint and to the employer.
"(C)
BURDENS OF PROOF.- An action brought under paragraph (1)(B) shall
be governed by the legal burdens of proof set forth in section
42121(b) of title 49, United States Code.
"(D)
STATUTE OF LIMITATIONS.- An action under paragraph (1) shall be
commenced not later than 90 days after the date on which the violations
occurs.
"(c) REMEDIES.-
"(1)
IN GENERAL.- An employee prevailing in any action under subsection
(b)(1) shall be entitled to all relief necessary to make the employee
whole.
"(2)
COMPENSATORY DAMAGES.- Relief for any action under paragraph (1)
shall include-
"(A)
reinstatement with the same seniority status that the employee
would have had, but for the discrimination;
"(B)
the amount of back pay, with interest; and
"(C)
compensation for any special damages sustained as a result of
the discrimination, including litigation costs, expert witness
fees, and reasonable attorneys fees.
"(d) RIGHTS RETAINED BY EMPLOYEE.-
Nothing in this section shall be deemed to diminish the rights,
privileges, or remedies of any employee under any Federal or State
law, or under any collective bargaining agreement.".
Sec. 1107. RETALIATION AGAINST INFORMANTS.
(a) IN GENERAL.- Section 1513 of
title 18, United States Code, is amended by adding at the end
the following:
"(e)
Whoever knowingly, with the intent to retaliate, takes any action
harmful to any person, including interference with the lawful
employment or livelihood of any person, for providing to a law
enforcement officer any truthful information relating to the commission
or possible commission of any Federal offense, shall be fined
under this title or imprisoned not more than 10 years, or both."
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