Strengthening protections for commodity whistleblowers

Section 23 of the Commodity Exchange Act (7 U.S.C. 26) is amended— (1) in subsection (a)(7)— (A) by striking The term and inserting the following: (A) In general The term; and (B) by adding at the end the following: (B) Special rule For purposes of subsection (h), the term whistleblower includes any individual who takes, or any 2 or more individuals, acting jointly, who take, an action described in paragraph (1)(A) of that subsection.; (2) in subsection (h)(1)— (A) by striking subparagraph (A) and inserting the following: (A) In general No employer may, directly or indirectly, discharge, demote, suspend, threaten, blacklist, harass, seek to deny any award, or in any other manner discriminate against a whistleblower in the terms and conditions of employment or post-employment because of any lawful act done by the whistleblower— (i) in providing information in writing or orally, if the oral report is documented, including information provided as part of the job duties of the whistleblower, in accordance with this section to— (I) the Commission or the Attorney General; (II) a Federal, State, or local regulatory or law enforcement agency; (III) any Member of Congress or any committee of Congress; or (IV) a person with supervisory authority over the whistleblower, or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct; (ii) in initiating, testifying in, or assisting in any investigation or judicial or administrative action of the Commission or the Department of Justice based upon or related to the information described in clause (i); or (iii) in providing information, in writing or orally, if the oral report is documented, regarding any conduct that the whistleblower reasonably believes constitutes a violation of any law, rule, or regulation subject to the jurisdiction of the Commission, or a violation of section 1956, 1957, or 1960 of title 18, United States Code (or any rule or regulation under any such provision), to— (I) a person with supervisory authority over the whistleblower at the employer of the whistleblower; or (II) another individual working for the employer described in subclause (I) who the whistleblower reasonably believes has the authority— (aa) to investigate, discover, or terminate the misconduct; or (bb) to take any other action to address the misconduct.; (B) in subparagraph (B)(i)— (i) by striking An individual and inserting the following: (I) In general An individual; (ii) in subclause (I) (as so designated), by striking, unless and all that follows through title 5, United States Code; and (iii) by adding at the end the following: (II) Jury trial A person against whom an action is brought under this subsection shall be entitled to a jury trial. (III) Burden of proof All complaints under this subsection shall be governed by the legal burdens of proof set forth in section 1221(e) of title 5, United States Code.; and (C) in subparagraph (C)(ii), by inserting 2 times before the amount; and (3) by adding at the end the following: (o) Employee education on whistleblower rights (1) In general Not later than 360 days after the date of enactment of this Act, the Commission shall publish in the Federal Register a final rule requiring each registered entity to provide education and training to employees of the registered entity on the rights of whistleblowers and remedies under this section, including, at a minimum, through— (A) notice provided individually to each employee; (B) posting information on the homepage of the website of the registered entity; and (C) mandatory training for each employee. (2) Procedure Notwithstanding the exceptions described in the undesignated matter following subsection (b)(4) of section 553 of title 5, United States Code, that section shall apply to the issuance of the rule under paragraph (1)..