,,ii #aadth ,,congress #ast ,session ,s4 #badj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #f1 #bjae,mr4 ,blumenthal 7for himself and ,mr4 ,casey7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish criminal penalties for failing to inform and warn of serious dangers4 #a4 ,short title ,this ,act may be cited as the ,hide ,no ,harm ,act of #bjae4 #b4 ,criminal penalties 7a7 ,in general ,part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after chapter #aja the following3 #aja;,a ,reporting ,standards ,sec4 #bjha4 ,definitions4#bjhb4 ,failure to inform and warn4#bjhc4 ,relationship to existing law4 #bjha4 ,definitions ,in this chapter-- 7#a7 the term appropriate ,federal agency means an agency with jurisdiction over a covered product1 covered service1 or business practice2 7#b7 the term business entity means a corporation1 company1 association1 firm1 partnership1 sole proprietor1 or other business entity2 7#c7 the term business practice means a method or practice of-- 7,a7 manufacturing1 assembling1 designing1 researching1 importing1 or distributing a covered product2 7,b7 conducting1 providing1 or preparing to provide a covered service2 or 7,c7 otherwise carrying out business operations relating to covered products or covered services2 7#d7 the term covered product means a product manufactured1 assembled1 designed1 researched1 imported1 or distributed by a business entity that enters interstate commerce2 7#e7 the term covered service means a service conducted or provided by a business entity that enters interstate commerce2 7#f7 the term responsible corporate officer means a person who-- 7,a7 is an employer1 director1 or officer of a business entity2 7,b7 has the responsibility and authority1 by reason of his or her position in the business entity and in accordance with the rules or practice of the business entity1 to acquire knowledge of any serious danger associated with a covered product 7or component of a covered product71 covered service1 or business practice of the business entity2 and 7,c7 has the responsibility1 by reason of his or her position in the business entity1 to communicate information about the serious danger to-- 7i7 an appropriate ,federal agency2 7ii7 employees of the business entity2 or 7iii7 individuals1 other than employees of the business entity1 who may be exposed to the serious danger2 7#g7 the term serious bodily injury means an impairment of the physical condition of an individual1 including as a result of trauma1 repetitive motion1 or disease1 that-- 7,a7 creates a substantial risk of death2 or 7,b7 causes-- 7i7 serious permanent disfigurement2 7ii7 unconsciousness2 7iii7 extreme pain2 or 7iv7 permanent or protracted loss or impairment of the function of any bodily member1 organ1 bodily system1 or mental faculty2 7#h7 the term serious danger means a danger1 not readily apparent to a reasonable person1 that the normal or reasonably foreseeable use of1 or the exposure of an individual to1 a covered product1 covered service1 or business practice has an imminent risk of causing death or serious bodily injury to an individual2 and 7#i7 the term warn affected employees means take reasonable steps to give1 to each individual who is exposed or may be exposed to a serious danger in the course of work for a business entity1 a description of the serious danger that is sufficient to make the individual aware of the serious danger4 #bjhb4 ,failure to inform and warn 7a7 ,requirement ,after acquiring actual knowledge of a serious danger associated with a covered product 7or component of a covered product71 covered service1 or business practice of a business entity1 a business entity and any responsible corporate officer with respect to the covered product1 covered service1 or business practice1 shall-- 7#a7 as soon as practicable and not later than #bd hours after acquiring such knowledge1 verbally inform an appropriate ,federal agency of the serious danger1 unless the business entity or responsible corporate officer has actual knowledge that an appropriate ,federal agency has been so informed2 7#b7 not later than #ae days after acquiring such knowledge1 inform an appropriate ,federal agency in writing of the serious danger1 unless the business entity or responsible corporate officer has actual knowledge than an appropriate ,federal agency has been so informed2 7#c7 as soon as practicable1 warn affected employees in writing1 unless the business entity or responsible corporate officer has actual knowledge that affected employees have been so warned2 and 7#d7 as soon as practicable1 inform individuals1 other than affected employees1 who may be exposed to the serious danger of the serious danger if such individuals can reasonably be identified1 unless the business entity or responsible corporate officer has actual knowledge that such individuals have been warned4 7b7 ,penalty 7#a7 ,in general ,whoever knowingly violates subsection 7a7 shall be fined under this title1 imprisoned for not more than #e years1 or both4 7#b7 ,prohibition of payment by business entities ,if a final judgment is rendered and a fine is imposed on an individual under this subsection1 the fine may not be paid1 directly or indirectly1 out of the assets of any business entity on behalf of the individual4 7c7 ,civil action ,to protect against retaliation 7#a7 ,prohibition ,it shall be unlawful to knowingly discriminate against any person in the terms or conditions of employment1 in retention in employment1 or in hiring because the person informed a ,federal agency1 warned employees1 or informed other individuals of a serious danger associated with a covered product1 covered service1 or business practice1 as required under this section4 7#b7 ,enforcement action 7,a7 ,in general ,a person who alleges discharge or other discrimination by any person in violation of paragraph 7#a7 may seek relief under paragraph 7#c71 by-- 7i7 filing a complaint with the ,secretary of ,labor2 or 7ii7 if the ,secretary has not issued a final decision within #ahj days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant1 bringing an action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such an action without regard to the amount in controversy4 7,b7 ,procedure 7i7 ,in general ,an action under subparagraph 7,a77i7 shall be governed under the rules and procedures set forth in section #dbaba7;b7 of title #di4 7ii7 ,exception ,notification made under section #dbaba7;b77#a7 of title #di shall be made to the person named in the complaint and to the employer4 7iii7 ,burdens of proof ,an action brought under subparagraph 7,a77ii7 shall be governed by the legal burdens of proof set forth in section #dbaba7;b7 of title #di4 7iv7 ,statute of limitations ,an action under subparagraph 7,a7 shall be commenced not later than #ahj days after the date on which the violation occurs1 or after the date on which the employee became aware of the violation4 7v7 ,jury trial ,a party to an action brought under subparagraph 7,a77ii7 shall be entitled to trial by jury4 7#c7 ,remedies 7,a7 ,in general ,an employee prevailing in any action under paragraph 7#b77;,a7 shall be entitled to all relief necessary to make the employee whole4 7,b7 ,compensatory damages ,relief for any action under subparagraph 7,a7 shall include-- 7i7 reinstatement with the same seniority status that the employee would have had1 but for the discrimination2 7ii7 the amount of back pay1 with interest2 and 7iii7 compensation for any special damages sustained as a result of the discrimination1 including litigation costs1 expert witness fees1 and reasonable attorney fees4 7#d7 ,rights retained by employee ,nothing in this subsection shall be deemed to diminish the rights1 privileges1 or remedies of any employee under any ,federal or ,state law1 or under any collective bargaining agreement4 7#e7 ,nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes 7,a7 ,waiver of rights and remedies ,the rights and remedies provided for in this subsection may not be waived by any agreement1 policy form1 or condition of employment1 including by a predispute arbitration agreement4 7,b7 ,predispute arbitration agreements ,no predispute arbitration agreement shall be valid or enforceable1 if the agreement requires arbitration of a dispute arising under this subsection4 #bjhc4 ,relationship to existing law 7a7 ,rights ,to intervene ,nothing in this chapter shall be construed to limit the right of any individual or group of individuals to initiate1 intervene in1 or otherwise participate in any proceeding before a regulatory agency or court1 nor to relieve any regulatory agency1 court1 or other public body of any obligation1 or affect its discretion to permit intervention or participation by an individual or a group or class of consumers1 employees1 or citizens in any proceeding or activity4 7b7 ,rule of construction ,nothing in this chapter shall be construed to-- 7#a7 increase the time period for informing of a serious danger or other harm under any other provision of law2 or 7#b7 limit or otherwise reduce the penalties for any violation of ,federal or ,state law under any other provision of law4 4 7b7 ,technical and conforming amendment ,the table of chapters for part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #aja the following3 #aja;,a4 ,reporting standards#bjha 4 7c7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall take effect on the date that is #a year after the date of enactment of this ,act4