I 
118TH CONGRESS 
2D SESSION H. R. 10118 
To provide incentives for and protect whistleblowers under the authority 
of the Federal Trade Commission, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 13, 2024 
Ms. SCHAKOWSKY (for herself and Mrs. TRAHAN) introduced the following 
bill; which was referred to the Committee on Education and the Work-
force, and in addition to the Committee on Energy and Commerce, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To provide incentives for and protect whistleblowers under 
the authority of the Federal Trade Commission, and 
for other purposes. 
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 ‘‘FTC Whistleblower 
Act of 2024’’. 
SEC. 2. PROTECTION OF WHISTLEBLOWERS. 
(a) PROTECTION FROM RETALIATION.—A covered 
entity may not, directly or indirectly, discharge, demote, 
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suspend, threaten, harass, or in any other manner dis-
criminate or take an adverse personnel action against an 
individual (or a group of individuals) because the indi-
vidual (or group of individuals) does any of the following: 
(1) Makes (or the covered entity suspects the 
individual or group of individuals has made or will 
make) a covered disclosure to— 
(A) a qualified entity; 
(B) a person with supervisory authority 
over the individual (or group of individuals); or 
(C) another individual working for the cov-
ered entity who the individual (or group of indi-
viduals) reasonably believes has the authority to 
investigate, discover, or terminate the alleged 
violation in the covered disclosure or to take 
any other action to address such violation. 
(2) Initiates, testifies, assists, or participates 
(or the covered entity expects will initiate, testify, 
assist, or participate) in an investigation conducted 
by a qualified entity or a judicial or administrative 
proceeding brought by a qualified entity relating to 
a covered violation. 
(3) Objects to, or refuses to participate in, any 
activity, policy, practice, or assigned task that the 
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individual (or group of individuals) reasonably be-
lieves is an alleged covered violation. 
(b) ENFORCEMENT.— 
(1) CAUSE OF ACTION.—A whistleblower who 
alleges discharge or other discrimination by a cov-
ered entity in violation of subsection (a)— 
(A) may bring an action governed by the 
procedures and burdens of proof in section 
4712 of title 41, United States Code; or 
(B) may bring an action in the appropriate 
district court of the United States— 
(i) for the relief described in sub-
section (c); 
(ii) governed by the burdens of proof 
in section 1221(e) of title 5, United States 
Code; and 
(iii) in which the whistleblower shall 
be entitled to a trial by jury. 
(2) STATUTE OF LIMITATIONS.— 
(A) IN GENERAL.—An action under para-
graph (1) may not be brought— 
(i) more than 6 years after the date 
on which the violation of subsection (a) oc-
curred; or 
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(ii) more than 3 years after the date 
on which facts material to the right of ac-
tion are known or reasonably should have 
been known by the whistleblower alleging a 
violation of subsection (a). 
(B) 
REQUIRED
ACTION
WITHIN
YEARS.—Notwithstanding subparagraph (A), an 
action under paragraph (1) may not be brought 
more than 10 years after the date on which the 
violation of subsection (a) occurred. 
(3) WAIVER OF RIGHTS AND REMEDIES.—The 
rights and remedies provided in this section may not 
be waived by any policy, written document, or other 
condition relating to employment, including by a 
predispute arbitration agreement. 
(4) PREDISPUTE ARBITRATION AGREEMENTS.— 
Notwithstanding any other provision of law, a 
predispute arbitration agreement may not be en-
forced with respect to an action under paragraph 
(1). 
(5) RESTRICTIVE
COVENANT
AGREEMENTS.— 
Notwithstanding any other provision of law, an 
agreement in which a whistleblower is restrained by 
the covered entity that was the subject of a covered 
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disclosure from exercising a lawful profession, trade, 
or business of any kind may not be enforced. 
(c) RELIEF.—Relief for any whistleblower who pre-
vails in an action brought under subsection (b)(1) shall 
include— 
(1) reinstatement with the same seniority status 
that the whistleblower would have had but for the 
discharge or discrimination; 
(2) 3 times the amount of back pay owed to the 
whistleblower, with interest; and 
(3) consequential and compensatory damages 
and compensation for litigation costs, expert witness 
fees, and reasonable attorneys’ fees. 
(d) COMMUNICATIONS.— 
(1) PROHIBITION ON IMPEDING COVERED DIS-
CLOSURE.—A covered entity may not take any ac-
tion that impedes or prevents an individual from 
communicating directly with a qualified entity about 
a covered disclosure, including enforcing, or threat-
ening to enforce, a confidentiality or non-disparage-
ment agreement. 
(2) COMMUNICATION
WITH
QUALIFIED
ENTI-
TIES.—A covered entity may not require the consent 
of the counsel of the covered entity for a qualified 
entity to communicate directly with an individual or 
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the attorney of an individual (if the individual is rep-
resented by an attorney) regarding a possible cov-
ered disclosure. 
(3) ENFORCEMENT BY COMMISSION.— 
(A) UNFAIR OR DECEPTIVE ACTS OR PRAC-
TICES.—A violation of paragraph (1) or (2) 
shall be treated as a violation of a regulation 
under section 18(a)(1)(B) of the Federal Trade 
Commission Act (15 U.S.C. 57a(a)(1)(B)) re-
garding unfair or deceptive acts or practices. 
(B) POWERS OF COMMISSION.—The Com-
mission shall enforce paragraphs (1) and (2) in 
the same manner, by the same means, and with 
the same jurisdiction, powers, and duties as 
though all applicable terms and provisions of 
the Federal Trade Commission Act (15 U.S.C. 
41 et seq.) were incorporated into and made a 
part of this subsection, and any person who vio-
lates paragraph (1) or (2) shall be subject to 
the penalties and entitled to the privileges and 
immunities provided in the Federal Trade Com-
mission Act. 
(e) CONFIDENTIALITY.— 
(1) REQUIREMENT.—The Commission, any em-
ployee of the Commission, and any other entity to 
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which the Commission communicates may not dis-
close any information provided to the Commission, 
including information provided by a whistleblower, 
that could reasonably be expected to reveal the iden-
tity of a whistleblower. 
(2) EXCEPTION.—Notwithstanding paragraph 
(1), if release of the information described in para-
graph (1) is required by law, the whistleblower shall 
receive timely advance notice before such release. 
(3) RULES
OF
CONSTRUCTION.—This para-
graph may not be construed to prohibit— 
(A) any disclosure described in section 
21(d) of the Federal Trade Commission Act (15 
U.S.C. 57b–2(d)); 
(B) a disclosure to any officer or employee 
of a Federal or State law enforcement agency 
or a foreign law enforcement agency under sec-
tion 6(f) or 21(b)(6) of the Federal Trade Com-
mission Act (15 U.S.C. 46(f), 57b–2(b)(6)); or 
(C) a disclosure to which the whistleblower 
consents. 
(f) RULES OF CONSTRUCTION.— 
(1) COLLECTIVE BARGAINING.—Nothing in this 
section may be construed to diminish the rights, 
privileges, or remedies of any whistleblower under 
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any Federal or State law relating to collective bar-
gaining or under any collective bargaining agree-
ment. 
(2) OTHER WHISTLEBLOWER PROTECTIONS.— 
(A) Nothing in this section may be con-
strued to preempt or supersede any other Fed-
eral or State law relating to whistleblower pro-
tections. 
(B) Notwithstanding any other provision of 
law, a whistleblower shall be immune from civil 
and criminal liability for making a covered dis-
closure if the whistleblower would be protected 
from reprisal under section (a). The whistle-
blower shall bear the burden required under 
subsection (b) of proving that the whistleblower 
would be protected from reprisal under sub-
section (a) for making the disclosure. This sec-
tion does not provide a defense against activi-
ties unrelated to conduct protected under sub-
section (a). 
(3) AUTHORITY OF COMMISSION.—Nothing in 
this section may be construed to limit the authority 
of the Commission under any other provision of law. 
SEC. 3. INCENTIVES FOR WHISTLEBLOWERS. 
(a) AWARDS.— 
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(1) IN GENERAL.—If a whistleblower (or group 
of whistleblowers) voluntarily provides to the Com-
mission original information regarding an alleged 
covered violation and such original information leads 
to the successful resolution of a covered action, the 
Commission, subject to subsection (b), shall pay an 
award to the whistleblower (or group of whistle-
blowers) in an aggregate amount of— 
(A) not less than 10 percent, in total, of 
collected monetary sanctions imposed as a re-
sult of the relevant covered action; and 
(B) not more than 30 percent, in total, of 
collected monetary sanctions imposed as a re-
sult of the relevant covered action. 
(2) PAYMENT OF AWARDS.—Any amount paid 
under paragraph (1) shall be paid from the Fund. 
(b) DETERMINATION AND DENIAL OF AWARDS.— 
(1) DETERMINATION OF AWARDS.— 
(A) DISCRETION.—The determination of 
the amount of an award to be made pursuant 
to subsection (a) shall be within the discretion 
of the Commission (subject to the requirements 
described in subsection (a)). 
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(B) CRITERIA.—In determining an award 
to be made pursuant to subsection (a), the 
Commission— 
(i) shall take into consideration— 
(I) the significance of the original 
information provided by the whistle-
blower to the successful resolution of 
the covered action; 
(II) the degree of assistance pro-
vided by the whistleblower and any 
legal representative of the whistle-
blower in the covered action; and 
(III) such additional factors as 
the Commission may establish; and 
(ii) shall not take into consideration 
the balance of the Fund. 
(2) DENIAL
OF
AWARDS.—Notwithstanding 
subsection (a), the Commission shall deny an award 
to any whistleblower to whom an award otherwise 
would be made pursuant to subsection (a) if the 
whistleblower— 
(A) is convicted of a criminal violation re-
lated to the relevant covered action; 
(B) acts without direction from a covered 
entity (or an agent of a covered entity) to delib-
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erately cause or substantially contribute to the 
alleged covered violation underlying the relevant 
covered action; 
(C) fails to provide the relevant original in-
formation to the Commission in the form the 
Commission requires; and 
(D) was, at the time the whistleblower ac-
quired the relevant original information, a 
member, officer, or employee of the Commission 
or a law enforcement agency and acquired the 
information while acting in the normal course 
of the employment duties of the whistleblower. 
(c) REPRESENTATION.— 
(1) PERMITTED REPRESENTATION.—A whistle-
blower may be represented by counsel. 
(2) REQUIRED REPRESENTATION.— 
(A) ANONYMOUS
CLAIMS.—Any whistle-
blower who anonymously makes a claim for an 
award under subsection (a) shall be represented 
by counsel if the whistleblower anonymously 
submits the original information upon which the 
claim is based. 
(B) DISCLOSURE
OF
IDENTITY.—Before 
the payment of an award described in subpara-
graph (A), the whistleblower shall disclose the 
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identity of the whistleblower and provide such 
other information as the Commission may re-
quire, directly or through counsel for the whis-
tleblower. 
(d) NO CONTRACT NECESSARY.—A contract with the 
Commission is not necessary for a whistleblower to receive 
an award pursuant to subsection (a). 
(e) PROVISION OF FALSE INFORMATION.—A whistle-
blower who knowingly and intentionally makes any false, 
fictitious, or fraudulent statement or representation, or 
who knowingly and intentionally makes or uses any false 
writing or document containing any false, fictitious, or 
fraudulent statement or entry, may not receive an award 
pursuant to subsection (a). 
(f) APPEALS.— 
(1) IN
GENERAL.—Any determination made 
under this section, including whether, to whom, or in 
what amount to make an award, shall be in the dis-
cretion of the Commission. 
(2) APPEALS.—Any determination made by the 
Commission under this section may be appealed by 
a whistleblower to the appropriate court of appeals 
of the United States not later than 30 days after the 
date on which the determination is issued by the 
Commission. 
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