,,ii #aaeth ,,congress #ast ,session ,s4 #gfb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bi1 #bjag ,mr4 ,grassley 7for himself and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to reform provisions relating to whistleblowers4 #a4 ,short title ,this ,act may be cited as the ,,irs ,whistleblower ,improvements ,act of #bjag 4 #b4 ,whistleblower reforms 7a7 ,modifications to disclosure rules for whistleblowers 7#a7 ,in general ,section #fajc7k7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#ac7 ,disclosure to whistleblowers 7,a7 ,in general ,the ,secretary may disclose1 to any individual providing information relating to any purpose described in paragraph 7#a7 or 7#b7 of section #gfbc7;a71 return information related to the investigation of any taxpayer with respect to whom the individual has provided such information1 but only to the extent that such disclosure is necessary in obtaining information1 which is not otherwise reasonably available1 with respect to the correct determination of tax liability for tax1 or the amount to be collected with respect to the enforcement of any other provision of this title4 7,b7 ,updates on whistleblower investigations ,the ,secretary shall disclose to an individual providing information relating to any purpose described in paragraph 7#a7 or 7#b7 of section #gfbc7;a7 the following3 7i7 ,not later than #cj days after a case for which the individual has provided information has been referred for an audit or examination1 a notice with respect to such referral4 7ii7 ,not later than #cj days after a taxpayer with respect to whom the individual has provided information has made a payment of tax with respect to tax liability to which such information relates1 a notice with respect to such payment4 7iii7 ,subject to such requirements and conditions as are prescribed by the ,secretary1 upon a written request by such individual-- 7,i7 information on the status and stage of any investigation or action related to such information1 and 7,,ii7 in the case of a determination of the amount of any award under section #gfbc7;b71 the reasons for such determination4 ,clause 7iii7 shall not apply to any information if the ,secretary determines that disclosure of such information would seriously impair ,federal tax administration4 ,information described in clauses 7i71 7ii71 and 7iii7 may be disclosed to a designee of the individual providing such information in accordance with guidance provided by the ,secretary4 4 7#b7 ,conforming amendments 7,a7 ,confidentiality of information ,section #fajc7;a77#c7 of such ,code is amended by striking subsection 7k77#aj7 and inserting paragraph 7#aj7 or 7#ac7 of subsection 7k74 7,b7 ,penalty for unauthorized disclosure ,section #gbac7;a77#b7 of such ,code is amended by striking 7k77#aj7 and inserting 7k77#aj7 or 7#ac74 7,c7 ,coordination with authority to disclose for investigative purposes ,section #fajc7k77#f7 of such ,code is amended by adding at the end the following new sentence3 ,this paragraph shall not apply to any disclosure to an individual providing information relating to any purpose described in paragraph 7#a7 or 7#b7 of section #gfbc7;a7 which is made under paragraph 7#ac77;,a744 7b7 ,protection against retaliation ,section #gfbc of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7c7 ,civil action ,to protect against retaliation cases 7#a7 ,anti-retaliation whistleblower protection for employees ,no employer or any officer1 employee1 contractor1 subcontractor1 or agent of such employer may discharge1 demote1 suspend1 threaten1 harass1 or in any other manner discriminate against an employee in the terms and conditions of employment 7including through an act in the ordinary course of such employee's duties7 in reprisal for any lawful act done by the employee-- 7,a7 to provide information1 cause information to be provided1 or otherwise assist in an investigation regarding underpayment of tax or any conduct which the employee reasonably believes constitutes a violation of the internal revenue laws or any provision of ,federal law relating to tax fraud1 when the information or assistance is provided to the ,internal ,revenue ,service1 the ,secretary of the ,treasury1 the ,treasury ,inspector ,general for ,tax ,administration1 the ,comptroller ,general of the ,united ,states1 the ,department of ,justice1 the ,united ,states ,congress1 a person with supervisory authority over the employee1 or any other person working for the employer who has the authority to investigate1 discover1 or terminate misconduct1 or 7,b7 to testify1 participate in1 or otherwise assist in any administrative or judicial action taken by the ,internal ,revenue ,service relating to an alleged underpayment of tax or any violation of the internal revenue laws or any provision of ,federal law relating to tax fraud4 7#b7 ,enforcement action 7,a7 ,in general ,a person who alleges discharge or other reprisal by any person in violation of paragraph 7#a7 may seek relief under paragraph 7#c7 by-- 7i7 filing a complaint with the ,secretary of ,labor1 or 7ii7 if the ,secretary of ,labor 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,a77ii7 shall be governed under the rules and procedures set forth in section #dbaba7;b7 of title #di1 ,united ,states ,code4 7ii7 ,exception ,notification made under section #dbaba7;b77#a7 of title #di1 ,united ,states ,code1 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 #di1 ,united ,states ,code1 except that in applying such section-- 7,i7 behavior described in paragraph 7#a7 shall be substituted for behavior described in paragraphs 7#a7 through 7#d7 of subsection 7a7 each place it appears in paragraph 7#b77;,b7 thereof1 and 7,,ii7 a violation of paragraph 7#a7 shall be substituted for a violation of subsection 7a7 each place it appears4 7iv7 ,statute of limitations ,a complaint under subparagraph 7,a77i7 shall be filed not later than #ahj days after the date on which the violation occurs4 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 reprisal1 7ii7 the sum of #bjj percent of the amount of back pay and #ajj percent of all lost benefits1 with interest1 and 7iii7 compensation for any special damages sustained as a result of the reprisal1 including litigation costs1 expert witness fees1 and reasonable attorney fees4 7#d7 ,rights retained by employee ,nothing in this section 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 4 7c7 ,effective date 7#a7 ,in general ,the amendments made by subsection 7a7 shall apply to disclosures made after the date of the enactment of this ,act4 7#b7 ,civil protection ,the amendment made by subsection 7b7 shall take effect on the date of the enactment of this ,act4