18 U.S.C. § 1514 — Civil action to restrain harassment of a

Page 396 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1513 § 1513. Retaliating against a witness, victim, or an informant (a)(1) Whoever kills or attempts to kill an- other person with intent to retaliate against any person for— (A) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object pro- duced by a witness in an official proceeding; or (B) providing to a law enforcement officer any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, super- vised release, parole, or release pending judi- cial proceedings, shall be punished as provided in paragraph (2). (2) The punishment for an offense under this subsection is— (A) in the case of a killing, the punishment provided in sections 1111 and 1112; and (B) in the case of an attempt, imprisonment for not more than 30 years. (b) Whoever knowingly engages in any conduct and thereby causes bodily injury to another per- son or damages the tangible property of another person, or threatens to do so, with intent to re- taliate against any person for— (1) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object pro- duced by a witness in an official proceeding; or (2) any information relating to the commis- sion or possible commission of a Federal of- fense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings given by a person to a law enforcement officer; or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both. (c) If the retaliation occurred because of at- tendance at or testimony in a criminal case, the maximum term of imprisonment which may be imposed for the offense under this section shall be the higher of that otherwise provided by law or the maximum term that could have been im- posed for any offense charged in such case. (d) There is extraterritorial Federal jurisdic- tion over an offense under this section. (e) Whoever knowingly, with the intent to re- taliate, takes any action harmful to any person, including interference with the lawful employ- ment or livelihood of any person, for providing to a law enforcement officer any truthful infor- mation relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both. (f) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the con- spiracy. (g) A prosecution under this section may be brought in the district in which the official pro- ceeding (whether pending, about to be insti- tuted, or completed) was intended to be affected, or in which the conduct constituting the alleged offense occurred. (Added Pub. L. 97–291, § 4(a), Oct. 12, 1982, 96 Stat. 1250; amended Pub. L. 103–322, title VI, § 60017, title XXXIII, § 330016(1)(U), Sept. 13, 1994, 108 Stat. 1975, 2148; Pub. L. 104–214, § 1(1), Oct. 1, 1996, 110 Stat. 3017; Pub. L. 107–204, title XI, § 1107(a), July 30, 2002, 116 Stat. 810; Pub. L. 107–273, div. B, title III, § 3001(b), (c)(2), title IV, § 4002(b)(4), Nov. 2, 2002, 116 Stat. 1804, 1807; Pub. L. 110–177, title II, §§ 204, 206, Jan. 7, 2008, 121 Stat. 2537.) Editorial Notes AMENDMENTS 2008—Subsec. (a)(1)(B). Pub. L. 110–177, § 206(1), in- serted comma after ‘‘probation’’ and struck out comma after ‘‘release,’’. Subsec. (a)(2)(B). Pub. L. 110–177, § 206(2), substituted ‘‘30 years’’ for ‘‘20 years’’. Subsec. (b). Pub. L. 110–177, § 206(3)(B), substituted ‘‘20 years’’ for ‘‘ten years’’ in concluding provisions. Subsec. (b)(2). Pub. L. 110–177, § 206(3)(A), inserted comma after ‘‘probation’’ and struck out comma after ‘‘release,’’. Subsecs. (e), (f). Pub. L. 110–177, § 206(4), redesignated subsec. (e) relating to conspiracy to commit any of- fense under this section as (f). Subsec. (g). Pub. L. 110–177, § 204, added subsec. (g). 2002—Subsecs. (a)(1)(B), (b)(2). Pub. L. 107–273, § 3001(c)(2), inserted ‘‘supervised release,’’ after ‘‘proba- tion’’. Subsec. (d). Pub. L. 107–273, § 4002(b)(4), transferred subsec. (d) to appear after subsec. (c). Subsec. (e). Pub. L. 107–273, § 3001(b), added subsec. (e) relating to conspiracy to commit any offense under this section. Pub. L. 107–204 added subsec. (e) relating to taking of action harmful to any person for providing law enforce- ment officer truthful information relating to commis- sion of offense. 1996—Subsec. (c). Pub. L. 104–214, § 1(1)(B), added sub- sec. (c) at end. Pub. L. 104–214, § 1(1)(A), redesignated subsec. (c) as (d). Subsec. (d). Pub. L. 104–214, § 1(1)(A), redesignated subsec. (c) as (d). 1994—Subsec. (a). Pub. L. 103–322, § 60017(2), added sub- sec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 103–322, § 330016(1)(U), substituted ‘‘fined under this title’’ for ‘‘fined not more than $250,000’’ in concluding provisions. Pub. L. 103–322, § 60017(1), redesignated subsec. (a) as (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 103–322, § 60017(1), redesignated subsec. (b) as (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 12, 1982, see section 9(a) of Pub. L. 97–291, set out as a note under section 1512 of this title. § 1514. Civil action to restrain harassment of a victim or witness (a)(1) A United States district court, upon ap- plication of the attorney for the Government, shall issue a temporary restraining order pro- hibiting harassment of a victim or witness in a Federal criminal case if the court finds, from specific facts shown by affidavit or by verified complaint, that there are reasonable grounds to believe that harassment of an identified victim or witness in a Federal criminal case exists or that such order is necessary to prevent and re- strain an offense under section 1512 of this title, other than an offense consisting of misleading conduct, or under section 1513 of this title. Page 397 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1514 1 So in original. Probably should be ‘‘given’’. (2)(A) A temporary restraining order may be issued under this section without written or oral notice to the adverse party or such party’s at- torney in a civil action under this section if the court finds, upon written certification of facts by the attorney for the Government, that such notice should not be required and that there is a reasonable probability that the Government will prevail on the merits. (B) A temporary restraining order issued with- out notice under this section shall be endorsed with the date and hour of issuance and be filed forthwith in the office of the clerk of the court issuing the order. (C) A temporary restraining order issued under this section shall expire at such time, not to exceed 14 days from issuance, as the court di- rects; the court, for good cause shown before ex- piration of such order, may extend the expira- tion date of the order for up to 14 days or for such longer period agreed to by the adverse party. (D) When a temporary restraining order is issued without notice, the motion for a protec- tive order shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character, and when such motion comes on for hearing, if the attorney for the Government does not proceed with the application for a protective order, the court shall dissolve the temporary re- straining order. (E) If on two days notice to the attorney for the Government, excluding intermediate week- ends and holidays, or on such shorter notice as the court may prescribe, the adverse party ap- pears and moves to dissolve or modify the tem- porary restraining order, the court shall proceed to hear and determine such motion as expedi- tiously as the ends of justice require. (F) A temporary restraining order shall set forth the reasons for the issuance of such order, be specific in terms, and describe in reasonable detail (and not by reference to the complaint or other document) the act or acts being re- strained. (b)(1) A United States district court, upon mo- tion of the attorney for the Government, or its own motion, shall issue a protective order pro- hibiting harassment of a victim or witness in a Federal criminal case or investigation if the court, after a hearing, finds by a preponderance of the evidence that harassment of an identified victim or witness in a Federal criminal case or investigation exists or that such order is nec- essary to prevent and restrain an offense under section 1512 of this title, other than an offense consisting of misleading conduct, or under sec- tion 1513 of this title. (2) In the case of a minor witness or victim, the court shall issue a protective order prohib- iting harassment or intimidation of the minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise partici- pate in the Federal criminal case or investiga- tion. Any hearing regarding a protective order under this paragraph shall be conducted in ac- cordance with paragraphs (1) and (3), except that the court may issue an ex parte emergency pro- tective order in advance of a hearing if exigent circumstances are present. If such an ex parte order is applied for or issued, the court shall hold a hearing not later than 14 days after the date such order was applied for or is issued. (3) At the hearing referred to in paragraph (1) of this subsection, any adverse party named in the complaint shall have the right to present evidence and cross-examine witnesses. (4) A protective order shall set forth the rea- sons for the issuance of such order, be specific in terms, describe in reasonable detail the act or acts being restrained. (5) The court shall set the duration of effect of the protective order for such period as the court determines necessary to prevent harassment of the victim or witness but in no case for a period in excess of three years from the date of such or- der’s issuance. The attorney for the Government may, at any time within ninety days before the expiration of such order, apply for a new protec- tive order under this section, except that in the case of a minor victim or witness, the court may order that such protective order expires on the later of 3 years after the date of issuance or the date of the eighteenth birthday of that minor victim or witness. (c) Whoever knowingly and intentionally vio- lates or attempts to violate an order issued under this section shall be fined under this title, imprisoned not more than 5 years, or both. (d)(1) As used in this section— (A) the term ‘‘course of conduct’’ means a series of acts over a period of time, however short, indicating a continuity of purpose; (B) the term ‘‘harassment’’ means a serious act or course of conduct directed at a specific person that— (i) causes substantial emotional distress in such person; and (ii) serves no legitimate purpose; (C) the term ‘‘immediate family member’’ has the meaning given that term in section 115 and includes grandchildren; (D) the term ‘‘intimidation’’ means a serious act or course of conduct directed at a specific person that— (i) causes fear or apprehension in such per- son; and (ii) serves no legitimate purpose; (E) the term ‘‘restricted personal informa- tion’’ has the meaning give 1 that term in sec- tion 119; (F) the term ‘‘serious act’’ means a single act of threatening, retaliatory, harassing, or violent conduct that is reasonably likely to influence the willingness of a victim or wit- ness to testify or participate in a Federal criminal case or investigation; and (G) the term ‘‘specific person’’ means a vic- tim or witness in a Federal criminal case or investigation, and includes an immediate fam- ily member of such a victim or witness. (2) For purposes of subparagraphs (B)(ii) and (D)(ii) of paragraph (1), a court shall presume, subject to rebuttal by the person, that the dis- tribution or publication using the Internet of a photograph of, or restricted personal informa- Page 398 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1514A 1 So in original. Another closing parenthesis probably should precede the comma. tion regarding, a specific person serves no legiti- mate purpose, unless that use is authorized by that specific person, is for news reporting pur- poses, is designed to locate that specific person (who has been reported to law enforcement as a missing person), or is part of a government-au- thorized effort to locate a fugitive or person of interest in a criminal, antiterrorism, or na- tional security investigation. (Added Pub. L. 97–291, § 4(a), Oct. 12, 1982, 96 Stat. 1250; amended Pub. L. 111–16, § 3(2), (3), May 7, 2009, 123 Stat. 1607; Pub. L. 112–206, § 3(a), Dec. 7, 2012, 126 Stat. 1490.) Editorial Notes AMENDMENTS 2012—Subsec. (b)(1). Pub. L. 112–206, § 3(a)(1)(A), in- serted ‘‘or its own motion,’’ after ‘‘attorney for the Government,’’ and inserted ‘‘or investigation’’ after ‘‘Federal criminal case’’ in two places. Subsec. (b)(2), (3). Pub. L. 112–206, § 3(a)(1)(B), (C), added par. (2) and redesignated former par. (2) as (3). Former par. (3) redesignated (4). Subsec. (b)(4). Pub. L. 112–206, § 3(a)(1)(B), (D), redesig- nated par. (3) as (4) and struck out ‘‘(and not by ref- erence to the complaint or other document)’’ after ‘‘de- scribe in reasonable detail’’. Former par. (4) redesig- nated (5). Subsec. (b)(5). Pub. L. 112–206, § 3(a)(1)(B), (E), redesig- nated par. (4) as (5) and inserted ‘‘, except that in the case of a minor victim or witness, the court may order that such protective order expires on the later of 3 years after the date of issuance or the date of the eight- eenth birthday of that minor victim or witness’’ before period at end of second sentence. Subsecs. (c), (d). Pub. L. 112–206, § 3(a)(2), added sub- secs. (c) and (d) and struck out former subsec. (c) which defined ‘‘harassment’’ and ‘‘course of conduct’’. 2009—Subsec. (a)(2)(C). Pub. L. 111–16, § 3(2), sub- stituted ‘‘14 days’’ for ‘‘10 days’’ in two places. Subsec. (a)(2)(E). Pub. L. 111–16, § 3(3), inserted ‘‘, excluding intermediate weekends and holidays,’’ after ‘‘the Government’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy. EFFECTIVE DATE Section effective Oct. 12, 1982, see section 9(a) of Pub. L. 97–291, set out as a note under section 1512 of this title. § 1514A. Civil action to protect against retalia- tion in fraud cases (a) WHISTLEBLOWER PROTECTION FOR EMPLOY- EES OF PUBLICLY TRADED COMPANIES.—No com- pany with a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l), or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(d)) including any sub- sidiary or affiliate whose financial information is included in the consolidated financial state- ments of such company, or nationally recog- nized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c),1 or any officer, employee, contractor, subcontractor, or agent of such com- pany or nationally recognized statistical rating organization, may discharge, demote, suspend, threaten, harass, or in any other manner dis- criminate against an employee in the terms and conditions of employment because of any lawful act done by the employee— (1) to provide information, cause informa- tion to be provided, or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes a violation of section 1341, 1343, 1344, or 1348, any rule or regulation of the Securities and Ex- change Commission, or any provision of Fed- eral law relating to fraud against share- holders, when the information or assistance is provided to or the investigation is conducted by— (A) a Federal regulatory or law enforce- ment agency; (B) any Member of Congress or any com- mittee of Congress; or (C) a person with supervisory authority over the employee (or such other person working for the employer who has the au- thority to investigate, discover, or termi- nate misconduct); or (2) to file, cause to be filed, testify, partici- pate in, or otherwise assist in a proceeding filed or about to be filed (with any knowledge of the employer) relating to an alleged viola- tion of section 1341, 1343, 1344, or 1348, any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders. (b) ENFORCEMENT ACTION.— (1) IN GENERAL.—A person who alleges dis- charge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c), by— (A) filing a complaint with the Secretary of Labor; or (B) 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 juris- diction over such an action without regard to the amount in controversy. (2) PROCEDURE.— (A) IN GENERAL.—An action under para- graph (1)(A) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. (B) EXCEPTION.—Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the employer. (C) BURDENS OF PROOF.—An action brought under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in sec- tion 42121(b) of title 49, United States Code. (D) STATUTE OF LIMITATIONS.—An action under paragraph (1) 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.