I 
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 Representa-
tives 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 fol-
lowing: 
VerDate Sep 11 2014 
16:18 Nov 30, 2022
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H9361.IH
H9361
pamtmann on DSKBC07HB2PROD with BILLS
‘‘CHAPTER 101A—REPORTING STANDARDS 
‘‘Sec. 
‘‘2081. Definitions. 
‘‘2082. Failure to inform and warn. 
‘‘2083. Relationship to existing law. 
‘‘§ 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 cor-
poration, company, association, firm, partnership, 
sole proprietor, or other entity engaged in the oper-
ation of a business; 
‘‘(3) the term ‘business practice’ means a meth-
od or practice of— 
‘‘(A) manufacturing, assembling, design-
ing, researching, importing, or distributing a 
covered product; 
‘‘(B) conducting, providing, or preparing 
to provide a covered service; or 
‘‘(C) otherwise carrying out business oper-
ations relating to covered products or covered 
services; 
‘‘(4) the term ‘covered product’ means a prod-
uct manufactured, assembled, designed, researched, 
VerDate Sep 11 2014 
16:18 Nov 30, 2022
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H9361.IH
H9361
pamtmann on DSKBC07HB2PROD with BILLS
imported, or distributed by a business entity that en-
ters interstate commerce; 
‘‘(5) the term ‘covered service’ means a service 
conducted, provided, or prepared by a business enti-
ty 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 prac-
tice 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 busi-
ness 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 
VerDate Sep 11 2014 
16:18 Nov 30, 2022
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H9361.IH
H9361
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(iii) individuals, other than employ-
ees of the business entity, who may be ex-
posed to the serious danger; 
‘‘(7) the term ‘serious bodily injury’ means an 
impairment of the physical condition of an indi-
vidual, 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 expo-
sure 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 indi-
vidual; and 
‘‘(9) the term ‘warn affected employees’ means 
take reasonable steps to give, to each individual who 
VerDate Sep 11 2014 
16:18 Nov 30, 2022
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H9361.IH
H9361
pamtmann on DSKBC07HB2PROD with BILLS
is exposed or may be exposed to a serious danger in 
the course of work for a business entity, a descrip-
tion of the serious danger that is sufficient to make 
the individual aware of the serious danger. 
‘‘§ 2082. Failure to inform and warn 
‘‘(a) REQUIREMENT.—After acquiring actual knowl-
edge 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 cor-
porate officer has actual knowledge that an appro-
priate 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; 
VerDate Sep 11 2014 
16:18 Nov 30, 2022
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H9361.IH
H9361
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(3) as soon as practicable, warn affected em-
ployees in writing, unless the business entity or re-
sponsible 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 re-
sponsible corporate officer who knowingly violates 
subsection (a) shall be fined under this title, impris-
oned 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 sub-
section, the fine may not be paid, directly or indi-
rectly, out of the assets of any business entity on be-
half of the individual. 
‘‘(c) CIVIL ACTION TO PROTECT AGAINST RETALIA-
TION.— 
VerDate Sep 11 2014 
16:18 Nov 30, 2022
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H9361.IH
H9361
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(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 in-
formed a Federal agency, warned employees, or in-
formed other individuals of a serious danger associ-
ated with a covered product, covered service, or busi-
ness 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 Sec-
retary 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 ap-
propriate district court of the United 
States, which shall have jurisdiction over 
such an action without regard to the 
amount in controversy. 
VerDate Sep 11 2014 
16:18 Nov 30, 2022
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H9361.IH
H9361
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(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 com-
plaint and to the employer. 
‘‘(iii) BURDENS OF PROOF.—An ac-
tion 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 be-
came aware of the violation. 
‘‘(v) JURY TRIAL.—A party to an ac-
tion brought under subparagraph (A)(ii) 
shall be entitled to trial by jury. 
‘‘(3) REMEDIES.— 
VerDate Sep 11 2014 
16:18 Nov 30, 2022
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H9361.IH
H9361
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(A) IN
GENERAL.—An employee pre-
vailing 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 in-
clude— 
‘‘(i) reinstatement with the same se-
niority status that the employee would 
have had, but for the discrimination; 
‘‘(ii) the amount of back pay, with in-
terest; and 
‘‘(iii) compensation for any special 
damages sustained as a result of the dis-
crimination, including litigation costs, ex-
pert witness fees, and reasonable attorney 
fees. 
‘‘(4) RIGHTS RETAINED BY EMPLOYEE.—Noth-
ing 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 collec-
tive bargaining agreement. 
‘‘(5) NONENFORCEABILITY OF CERTAIN PROVI-
SIONS WAIVING RIGHTS AND REMEDIES OR REQUIR-
ING ARBITRATION OF DISPUTES.— 
VerDate Sep 11 2014 
16:18 Nov 30, 2022
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H9361.IH
H9361
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(A) WAIVER
OF
RIGHTS
AND
REM-
EDIES.—The rights and remedies provided for 
in this subsection may not be waived by any 
agreement, policy form, or condition of employ-
ment, including by a predispute arbitration 
agreement. 
‘‘(B) PREDISPUTE
ARBITRATION
AGREE-
MENTS.—No predispute arbitration agreement 
shall be valid or enforceable, if the agreement 
requires arbitration of a dispute arising under 
this subsection. 
‘‘§ 2083. Relationship to existing law 
‘‘(a) RIGHTS TO INTERVENE.—Nothing in this chap-
ter shall be construed to limit the right of any individual 
or group of individuals to initiate, intervene in, or other-
wise 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 in-
dividual 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— 
VerDate Sep 11 2014 
16:18 Nov 30, 2022
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H9361.IH
H9361
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(1) increase the time period for informing of 
a serious danger or other harm under any other pro-
vision 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. 
Æ 
VerDate Sep 11 2014 
16:18 Nov 30, 2022
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H9361.IH
H9361
pamtmann on DSKBC07HB2PROD with BILLS