Page:United States Statutes at Large Volume 122.djvu/3085

 12 2 STA T .306 2 PUBLIC LA W 110 – 31 4— AU G .14 , 200 8‘ ‘ (6)RESTRIC TI ON SON P RI VA TE CO U NSE L.—Ifprivatecouns e l is retaine d to assist in an y civil action under para g rap h ( 1 ), the private counsel retained to assist the S tate m ay not— ‘‘( A ) share w ith participants in other private civil actions that arise out of the same operative facts any information that is— ‘‘(i) su bj ect to attorney - client or wor k product privi- lege and ‘‘(ii) was obtained during discovery in the action under paragraph (1); or ‘‘( B ) use any information that is subject to attorney- client or work product privilege that was obtained while assisting the State in the action under paragraph (1) in any other private civil actions that arise out of the same operative facts. ’ ’. (b) C ON F OR M IN G AMEN D MENTS.— (1) P OISON PREVENTION PAC K AGING ACT.— T he Poison Prevention Packaging Act of 1 970 (1 5U .S.C. 1 4 71etse q .) is amended by adding at the end the following

‘ SEC.9 .E NFOR CE M EN TBY ST A TE ATTORNEYS G ENERA L . ‘‘The attorney general of a State, or other authori z ed State officer, alleging a violation of a standard or rule promulgated under section 3 that affects or may affect such State or its residents, may bring an action on behalf of the residents of the State in any United States district court for the district in which the defend- ant is found or transacts business to obtain appropriate injunctive relief. The procedural requirements of section 2 4(b) of the Consumer Product Safety Act (15 U.S.C. 2073(b)) shall apply to any such action.’’. (2) CLERICAL AMENDMENT.—The table of contents in section 1 (15 U.S.C. 2051 note) is amended by striking the item relating to section 24 and inserting the following: ‘ ‘ Sec.24 . Ad d it i onal en f o r ce m ent of p rod u ct s afet y rules and of section 15 orders. ’ ’. SEC. 21 9. WHI STLEBLOWER P ROTECTIONS. (a) IN G ENERAL.—The Act (15 U.S.C. 2051 et seq.), as amended by section 206 of this Act, is further amended by adding at the end the following: ‘‘ WH ISTLE B LOWER PROTECTION ‘‘SEC. 40. (a) N o manufacturer, private labeler, distributor, or retailer, may discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, condi- tions, or privileges of employment because the employee, whether at the employee’s initiative or in the ordinary course of the employee’s duties (or any person acting pursuant to a request of the employee)— ‘‘(1) provided, caused to be provided, or is about to provide or cause to be provided to the employer, the F ederal Govern- ment, or the attorney general of a State information relating to any violation of, or any act or omission the employee reason- ably believes to be a violation of any provision of this Act or any other Act enforced by the Commission, or any order, rule, regulation, standard, or ban under any such Acts; ‘‘(2) testified or is about to testify in a proceeding concerning such violation; 15USC2087.Ap p licab ili ty . 15USC1 4 77.

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