Hide No Harm Act of 2022
This bill establishes criminal penalties for corporate officers who fail to inform federal agencies, their employees, or affected individuals of any serious physical danger that is associated with their products or services. It also prohibits retaliatory action against whistleblowers.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9361 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9361
To establish criminal penalties for failing to inform and warn of
serious dangers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 29, 2022
Ms. Scanlon introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish criminal penalties for failing to inform and warn of
serious dangers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hide No Harm Act of 2022''.
SEC. 2. CRIMINAL PENALTIES.
(a) In General.--Part I of title 18, United States Code, is amended
by inserting after chapter 101 the following:
``CHAPTER 101A--REPORTING STANDARDS
``Sec.
``2081. Definitions.
``2082. Failure to inform and warn.
``2083. Relationship to existing law.
``Sec. 2081. Definitions
``In this chapter--
``(1) the term `appropriate Federal agency' means an agency
with jurisdiction over a covered product, covered service, or
business practice;
``(2) the term `business entity' means a corporation,
company, association, firm, partnership, sole proprietor, or
other entity engaged in the operation of a business;
``(3) the term `business practice' means a method or
practice of--
``(A) manufacturing, assembling, designing,
researching, importing, or distributing a covered
product;
``(B) conducting, providing, or preparing to
provide a covered service; or
``(C) otherwise carrying out business operations
relating to covered products or covered services;
``(4) the term `covered product' means a product
manufactured, assembled, designed, researched, imported, or
distributed by a business entity that enters interstate
commerce;
``(5) the term `covered service' means a service conducted,
provided, or prepared by a business entity that enters
interstate commerce;
``(6) the term `responsible corporate officer' means a
person who--
``(A) is an employer, director, or officer of a
business entity;
``(B) has the responsibility and authority, by
reason of his or her position in the business entity
and in accordance with the rules or practice of the
business entity, to acquire knowledge of any serious
danger associated with a covered product (or component
of a covered product), covered service, or business
practice of the business entity; and
``(C) has the responsibility, by reason of his or
her position in the business entity, to communicate
information about the serious danger to--
``(i) an appropriate Federal agency;
``(ii) employees of the business entity; or
``(iii) individuals, other than employees
of the business entity, who may be exposed to
the serious danger;
``(7) the term `serious bodily injury' means an impairment
of the physical condition of an individual, including as a
result of trauma, repetitive motion, or disease, that--
``(A) creates a substantial risk of death; or
``(B) causes--
``(i) serious permanent disfigurement;
``(ii) unconsciousness;
``(iii) extreme pain; or
``(iv) permanent or protracted loss or
impairment of the function of any bodily
member, organ, bodily system, or mental
faculty;
``(8) the term `serious danger' means a danger, not readily
apparent to a reasonable person, that the normal or reasonably
foreseeable use of, or the exposure of an individual to, a
covered product, covered service, or business practice has an
imminent risk of causing death or serious bodily injury to an
individual; and
``(9) the term `warn affected employees' means take
reasonable steps to give, to each individual who is exposed or
may be exposed to a serious danger in the course of work for a
business entity, a description of the serious danger that is
sufficient to make the individual aware of the serious danger.
``Sec. 2082. Failure to inform and warn
``(a) Requirement.--After acquiring actual knowledge of a serious
danger associated with a covered product (or component of a covered
product), covered service, or business practice of a business entity, a
business entity and any responsible corporate officer with respect to
the covered product, covered service, or business practice, shall--
``(1) as soon as practicable and not later than 24 hours
after acquiring such knowledge, verbally inform an appropriate
Federal agency of the serious danger, unless the business
entity or responsible corporate officer has actual knowledge
that an appropriate Federal agency has been so informed;
``(2) not later than 15 days after acquiring such
knowledge, inform an appropriate Federal agency in writing of
the serious danger, unless the business entity or responsible
corporate officer has actual knowledge than an appropriate
Federal agency has been so informed;
``(3) as soon as practicable, warn affected employees in
writing, unless the business entity or responsible corporate
officer has actual knowledge that affected employees have been
so warned; and
``(4) as soon as practicable, inform individuals, other
than affected employees, who may be exposed to the serious
danger of the serious danger if such individuals can reasonably
be identified, unless the business entity or responsible
corporate officer has actual knowledge that such individuals
have been warned.
``(b) Penalty.--
``(1) In general.--Any business entity or responsible
corporate officer who knowingly violates subsection (a) shall
be fined under this title, imprisoned for not more than 5
years, or both.
``(2) Prohibition of payment by business entities.--If a
final judgment is rendered and a fine is imposed on an
individual under this subsection, the fine may not be paid,
directly or indirectly, out of the assets of any business
entity on behalf of the individual.
``(c) Civil Action To Protect Against Retaliation.--
``(1) Prohibition.--It shall be unlawful to knowingly
discriminate against any person in the terms or conditions of
employment, in retention in employment, or in hiring because
the person informed a Federal agency, warned employees, or
informed other individuals of a serious danger associated with
a covered product, covered service, or business practice, as
required under this section.
``(2) Enforcement action.--
``(A) In general.--A person who alleges discharge
or other discrimination by any person in violation of
paragraph (1) may seek relief under paragraph (3), by--
``(i) filing a complaint with the Secretary
of Labor; or
``(ii) if the Secretary of Labor 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.
``(B) Procedure.--
``(i) In general.--An action under
subparagraph (A)(i) shall be governed under the
rules and procedures set forth in section
42121(b) of title 49.
``(ii) Exception.--Notification made under
section 42121(b)(1) of title 49 shall be made
to the person named in the complaint and to the
employer.
``(iii) Burdens of proof.--An action
brought under subparagraph (A)(ii) shall be
governed by the legal burdens of proof set
forth in section 42121(b) of title 49.
``(iv) Statute of limitations.--An action
under subparagraph (A) shall be commenced not
later than 180 days after the date on which the
violation occurs, or after the date on which
the employee became aware of the violation.
``(v) Jury trial.--A party to an action
brought under subparagraph (A)(ii) shall be
entitled to trial by jury.
``(3) Remedies.--
``(A) In general.--An employee prevailing in any
action under paragraph (2)(A) shall be entitled to all
relief necessary to make the employee whole.
``(B) Compensatory damages.--Relief for any action
under subparagraph (A) shall include--
``(i) reinstatement with the same seniority
status that the employee would have had, but
for the discrimination;
``(ii) the amount of back pay, with
interest; and
``(iii) compensation for any special
damages sustained as a result of the
discrimination, including litigation costs,
expert witness fees, and reasonable attorney
fees.
``(4) Rights retained by employee.--Nothing in this
subsection 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.
``(5) Nonenforceability of certain provisions waiving
rights and remedies or requiring arbitration of disputes.--
``(A) Waiver of rights and remedies.--The rights
and remedies provided for in this subsection may not be
waived by any agreement, policy form, or condition of
employment, including by a predispute arbitration
agreement.
``(B) Predispute arbitration agreements.--No
predispute arbitration agreement shall be valid or
enforceable, if the agreement requires arbitration of a
dispute arising under this subsection.
``Sec. 2083. Relationship to existing law
``(a) Rights To Intervene.--Nothing in this chapter shall be
construed to limit the right of any individual or group of individuals
to initiate, intervene in, or otherwise participate in any proceeding
before a regulatory agency or court, nor to relieve any regulatory
agency, court, or other public body of any obligation, or affect its
discretion to permit intervention or participation by an individual or
a group or class of consumers, employees, or citizens in any proceeding
or activity.
``(b) Rule of Construction.--Nothing in this chapter shall be
construed to--
``(1) increase the time period for informing of a serious
danger or other harm under any other provision of law; or
``(2) limit or otherwise reduce the penalties for any
violation of Federal or State law under any other provision of
law.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 101 the following:
``101A. Reporting standards................................ 2081''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date that is 1 year after the date of
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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