conduct of the employee under subsection (a)
involved a substantial risk to the health, safety,
or welfare of shareholders of the employer or
the public, the finder of fact may award puni-
tive damages to the employee.
‘‘(B) 
FACTORS.—In 
determining 
the
amount, if any, to be awarded under this para-
graph, the finder of fact shall take into
account—
‘‘(i) the significance of the informa-
tion or assistance provided by the employee
under subsection (a) and the role of the
employee in advancing any investigation,
proceeding, congressional inquiry or action,
or internal remedial process, or in pro-
tecting the health, safety, or welfare of
shareholders of the employer or of the pub-
lic;
‘‘(ii) the nature and extent of both the
actual and potential discrimination to
which the employee was subjected as a re-
sult of the protected conduct of the em-
ployee under subsection (a); and
‘‘(iii) the nature and extent of the risk
to the health, safety, or welfare of share-
holders or the public under subparagraph
(A).
‘‘(d) RIGHTS RETAINED BY EMPLOYEE.—
‘‘(1) OTHER REMEDIES UNAFFECTED.—Noth-
ing in this section shall be deemed to diminish the
rights, privilege, or remedies of any employee under
any Federal or State law, or under any collective
bargaining agreement.
‘‘(2) VOLUNTARY
ADJUDICATION.—No em-
ployee may be compelled to adjudicate his or her
rights under this section pursuant to an arbitration
agreement.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 73 of title 18, United States
Code, is amended by inserting after the item relating to
section 1514 the following new item:
‘‘1514A. Civil action to protect against retaliation in fraud cases.’’.
SEC. 9. ESTABLISHMENT OF A RETIREMENT SECURITY
FRAUD BUREAU.
(a) IN GENERAL.—Part II of title 28, United States
Code, is amended by adding at the end the following:
‘‘CHAPTER 40A—RETIREMENT SECURITY
FRAUD BUREAU
‘‘§ 600. Retirement Security Fraud Bureau
‘‘(a) IN GENERAL.—The Attorney General shall es-
tablish a Retirement Security Fraud Bureau which shall
be a bureau in the Department of Justice.
‘‘(b) DIRECTOR.—
‘‘(1) APPOINTMENT.—The head of the Retire-
ment Security Fraud Bureau shall be the Director
who shall be appointed by the Attorney General.
‘‘(2) DUTIES
AND
POWERS.—The duties and
powers of the Director are as follows:
‘‘(A) Advise and make recommendations
on matters relating to pension and securities
fraud, in general, to the Assistant Attorney
General of the Criminal Division.
‘‘(B) Maintain a government-wide data ac-
cess service, with access, in accordance with ap-
plicable legal requirements, to the following:
‘‘(i) Information collected by the De-
partment of Justice, the Department of
the Treasury, and the Securities Exchange
Commission on pension and securities
fraud matters.
‘‘(ii) Other privately and publicly
available information on pension and secu-
rities fraud-related activities.
‘‘(C) Analyze and disseminate the available
data in accordance with applicable legal require-
ments, policies, and guidelines established by
the Attorney General to—
‘‘(i) identify possible criminal activity
to appropriate Federal, State, local, and
foreign law enforcement agencies;
‘‘(ii) support ongoing criminal pension
and securities fraud investigations;
‘‘(iii) determine emerging trends and
methods in pension and securities fraud
matters; and
‘‘(iv) support government initiatives
against pension and securities fraud-re-
lated activities.
‘‘(D) Furnish research, analytical, and in-
formational services to financial institutions, to
appropriate Federal regulatory agencies with
regard to financial institutions, and to appro-
priate Federal, State, local, and foreign law en-
forcement authorities, in accordance with poli-
cies and guidelines established by the Depart-
ment of Justice, in the interest of detection,
prevention, and prosecution of pension and se-
curities fraud-related crimes.
‘‘(E) Establish and maintain a special unit
dedicated to assisting Federal, State, local, and
foreign law enforcement and regulatory authori-
ties in combating pension and securities fraud.
‘‘(F) Such other duties and powers as the
Attorney General may delegate or prescribe.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated for the Retirement Se-
curity Fraud Bureau such sums as may be necessary for
fiscal years 2003, 2004, 2005, and 2006.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part II of title 28, United States Code,
is amended by adding at the end the following new item:
‘‘40A. Retirement Security Fraud Bureau ...............................
600’’.
Æ