text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Hide No Harm Act of 2015''.
  
  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 business entity;
              ``(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 
          or provided 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.--Whoever 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 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.
target: Hide No Harm Act of 2015 This bill amends the federal criminal code to make it a crime for a business entity or business executive to knowingly conceal information about its business practices or products that pose an imminent risk of death or serious physical injury to consumers and workplace danger.  Specific requirements are set forth for what a business entity or business executive must do after acquiring knowledge of a serious danger associated with its business practices or products. If such an entity or executive fails to warn affected employees and other individuals of a serious danger, they are subject to a fine and/or prison term of five years.   The bill makes it unlawful to knowingly discriminate or retaliate against an employee (i.e., a whistleblower) who warns other agencies or individuals of a serious danger associated with a product or service. 
feat_title: Hide No Harm Act of 2015