,,ii #aafth ,,congress #ast ,session ,s4 #bebi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bc1 #bjai ,mr4 ,grassley 7for himself1 ,ms4 ,baldwin1 ,ms4 ,ernst1 and ,mr4 ,durbin7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to amend the ,commodity ,exchange ,act and the ,securities ,exchange ,act of #aicd to modify provisions relating to whistleblower incentives and protection1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,whistleblower ,programs ,improvement ,act4 #b4 ,whistleblower protections for internal disclosures 7a7 ,commodities ,section #bc of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bf7 is amended-- 7#a7 in subsection 7a77#g7-- 7,a7 by striking ,the term and inserting the following3 7,a7 ,in general ,the term 2 and 7,b7 by adding at the end the following3 7,b7 ,special rule ,solely for the purposes of subsection 7h77#a71 the term whistleblower includes any individual who takes1 or #b or more individuals acting jointly who take1 an action described in subsection 7h77#a77;,a74 2 and 7#b7 in subsection 7h77#a77;,a7-- 7,a7 in clause 7i71 by striking or at the end2 7,b7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7iii7 in providing information regarding any conduct that the whistleblower reasonably believes constitutes a violation of any law1 rule1 or regulation subject to the jurisdiction of the ,commission to-- 7,i7 a person with supervisory authority over the whistleblower at the employer of the whistleblower1 if that employer is an entity registered with1 or required to be registered with1 the ,commission1 a self-regulatory organization1 or a ,state securities commission or office performing like functions2 or 7,,ii7 another individual working for the employer described in subclause 7,i7 who the whistleblower reasonably believes has the authority-- 7aa7 to investigate1 discover1 or terminate the misconduct2 or 7bb7 to take any other action to address the misconduct4 4 7b7 ,securities ,section #ba;,f of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghu-#f7 is amended-- 7#a7 in subsection 7a77#f7-- 7,a7 by striking ,the term and inserting the following3 7,a7 ,in general ,the term 2 and 7,b7 by adding at the end the following3 7,b7 ,special rule ,solely for the purposes of subsection 7h77#a71 the term whistleblower includes any individual who takes1 or #b or more individuals acting jointly who take1 an action described in subsection 7h77#a77;,a74 2 and 7#b7 in subsection 7h77#a77;,a7-- 7,a7 in clause 7ii71 by striking or at the end2 7,b7 in clause 7iii71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7iv7 in providing information regarding any conduct that the whistleblower reasonably believes constitutes a violation of any law1 rule1 or regulation subject to the jurisdiction of the ,commission to-- 7,i7 a person with supervisory authority over the whistleblower at the employer of the whistleblower1 if that employer is an entity registered with1 or required to be registered with1 the ,commission1 a self-regulatory organization1 or a ,state securities commission or office performing like functions2 or 7,,ii7 another individual working for the employer described in subclause 7,i7 who the whistleblower reasonably believes has the authority to-- 7aa7 investigate1 discover1 or terminate the misconduct2 or 7bb7 take any other action to address the misconduct4 4 #c4 ,prompt payment of awards 7a7 ,commodities 7#a7 ,in general ,section #bc7;b7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bf7 is amended by adding at the end the following3 7#c7 ,timely processing of claims 7,a7 ,initial disposition 7i7 ,in general ,except as provided in subparagraph 7,b71 and subject to clause 7ii71 the ,commission shall make an initial disposition with respect to a claim submitted by a whistleblower for an award under this section 7referred to in this paragraph as an award claim7 not later than #a year after the deadline established by the ,commission1 by rule1 for the whistleblower to file the award claim4 7ii7 ,multiple actions ,if a covered judicial or administrative action involves #a or more related actions1 the requirement under clause 7i7 shall apply with respect to the latest deadline with respect to the actions4 7,b7 ,exceptions 7i7 ,initial extension ,if the ,director of the ,division of ,enforcement of the ,commission 7referred to in this paragraph as the ,director71 or the designee of the ,director1 determines that an award claim is sufficiently complex or involves more than #a whistleblower1 or if other good cause exists such that the ,commission cannot reasonably satisfy the requirement under subparagraph 7,a71 the ,director or the designee1 as applicable1 after providing notice to the ,chairman of the ,commission 7referred to in this paragraph as the ,chairman71 may extend the deadline with respect to the satisfaction of that subparagraph by not more than #ahj days4 7ii7 ,additional extensions ,if1 after providing an extension under clause 7i71 the ,director1 or the designee of the ,director1 determines that the ,commission cannot reasonably satisfy the requirement under subparagraph 7,a7 with respect to an award claim1 as extended under that clause1 the ,director or the designee1 as applicable1 after providing notice to the ,chairman1 may extend the period in which the ,commission may satisfy subparagraph 7,a7 by #a additional #ahj-;day period4 7iii7 ,notice to whistleblower required ,if the ,director1 or the designee of the ,director1 exercises authority under clause 7i7 or 7ii71 the ,director or the designee1 as applicable1 shall submit to the whistleblower who filed the award claim that is subject to that action by the ,director or the designee a written notification of that action by the ,director or the designee4 7,c7 ,applicability ,this paragraph shall apply only to an award claim that is timely submitted under a deadline established by the ,commission after the date of enactment of this paragraph4 4 7#b7 ,rules ,the ,commodity ,futures ,trading ,commission may issue any rules that are necessary to carry out paragraph 7#c7 of section #bc7;b7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bf7;b77 7as added by paragraph 7#a774 7b7 ,securities 7#a7 ,in general ,section #ba;,f7b7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghu-#f7;b77 is amended by adding at the end the following3 7#c7 ,timely processing of claims 7,a7 ,initial disposition 7i7 ,in general ,except as provided in subparagraph 7,b71 and subject to clause 7ii71 the ,commission shall make an initial disposition with respect to a claim submitted by a whistleblower for an award under this section 7referred to in this paragraph as an award claim7 not later than #a year after the deadline established by the ,commission1 by rule1 for the whistleblower to file the award claim4 7ii7 ,multiple actions ,if a covered judicial or administrative action involves #a or more related actions1 the requirement under clause 7i7 shall apply with respect to the latest deadline with respect to the actions4 7,b7 ,exceptions 7i7 ,initial extension ,if the ,director of the ,division of ,enforcement of the ,commission 7referred to in this paragraph as the ,director71 or the designee of the ,director1 determines that an award claim is sufficiently complex or involves more than #a whistleblower1 or if other good cause exists such that the ,commission cannot reasonably satisfy the requirement under subparagraph 7,a71 the ,director or the designee1 as applicable1 after providing notice to the ,chairman of the ,commission 7referred to in this paragraph as the ,chairman71 may extend the deadline with respect to the satisfaction of that subparagraph by not more than #ahj days4 7ii7 ,additional extensions ,if1 after providing an extension under clause 7i71 the ,director1 or the designee of the ,director1 determines that the ,commission cannot reasonably satisfy the requirement under subparagraph 7,a7 with respect to an award claim1 as extended under that clause1 the ,director or the designee1 as applicable1 after providing notice to the ,chairman1 may extend the period in which the ,commission may satisfy subparagraph 7,a7 by #a additional #ahj-;day period4 7iii7 ,notice to whistleblower required ,if the ,director1 or the designee of the ,director1 exercises authority under clause 7i7 or 7ii71 the ,director or the designee1 as applicable1 shall submit to the whistleblower who filed the award claim that is subject to that action by the ,director or the designee a written notification of that action by the ,director or the designee4 7,c7 ,applicability ,this paragraph shall apply only to an award claim that is timely submitted under a deadline established by the ,commission after the date of enactment of this paragraph4 4 7#b7 ,rules ,the ,securities and ,exchange ,commission may issue any rules that are necessary to carry out paragraph 7#c7 of section #ba;,f7b7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghu-#f7;b771 as added by paragraph 7#a74 #d4 ,miscellaneous provisions 7a7 ,,cftc ,whistleblower ,program education initiatives ,section #bc7;g77#b7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bf7;g77#b77 is amended-- 7#a7 in subparagraph 7,a71 by striking and at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 the funding of initiatives designed to educate stakeholders regarding the incentives and protections available under this section1 including the benefits of those incentives and protections4 4 7b7 ,deposits into ,,cftc ,consumer ,protection ,fund ,section #bc7;g77#c77;,a7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bf7;g77#c77;,a77 is amended by striking #ajj1jjj1jjj and inserting #aej1jjj1jjj4 7c7 ,availability of certain ,,cftc information to government agencies ,section #bc7;h77#b77;,c7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bf7;h77#b77;,c77 is amended-- 7#a7 in clause 7i7-- 7,a7 in subclause 7,,ii71 by striking jurisdiction2 and inserting the following3 8jurisdiction1 including-- 7aa7 the ,federal ,trade ,commission2 7bb7 the ,internal ,revenue ,service2 and 7cc7 the ,department of ,state2 2 and 7,b7 in subclause 7,,vi71 by inserting or other foreign law enforcement authority before the period at the end2 and 7#b7 in clause 7ii7-- 7,a7 by striking ,each and inserting the following3 7,i7 ,in general ,each 2 7,b7 in subclause 7,i7 7as so designated71 by inserting subclauses 7,i7 through 7,v7 of before clause 7i72 and 7,c7 by adding at the end the following3 7,,ii7 ,foreign authorities ,an entity described in subclause 7,,vi7 of clause 7i7 shall maintain information described in that clause in accordance with such assurances of confidentiality as the ,commission determines appropriate4 4 7d7 ,technical corrections 7#a7 ,review ,section #bc7;f77#c7 of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #bf7;f77#c77 is amended by striking section #gjfd and inserting section #gjf4 7#b7 ,existing commodities provision 7,a7 ,in general ,section #ba;,f of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghu-#f7 is amended by adding at the end the following3 7k7 ,nonenforceability of certain provisions waiving rights and remedies or requiring arbitration 7#a7 ,waiver of rights and remedies ,the rights and remedies provided in this section may not be waived by any agreement1 policy form1 or condition of employment1 including by a predispute arbitration agreement4 7#b7 ,predispute arbitration agreement ,no predispute arbitration agreement shall be valid or enforceable if the agreement requires the arbitration of a dispute arising under this section4 4 7,b7 ,applicability ,subsection 7k7 of section #ba;,f of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghu-#f71 as added by subparagraph 7,a71 shall apply with respect to any action that is filed on or after1 or that is pending as of1 the date of enactment of this ,act4 7e7 ,clarifications regarding performance evaluations for the foreign service ,section #bcjb7;a77#b77viii7 of title #e1 ,united ,states ,code1 is amended by striking or under title #ch and inserting 1 under title #ch1 or under the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cija et seq474