Senate Bill 964 Printer's Number 1103

PENNSYLVANIA, August 13 - result in constitutional violations.

(3) Prohibit private parties from voluntarily subjecting

themselves to foreign law in a personal or business context,

so long as the choice does not infringe upon fundamental

rights.

§ 5355. Violations and review.

A public officer, agency or administrative tribunal that

knowingly and willfully applies a provision of international law

in a manner that directly violates a person's constitutional

rights may be subject to disciplinary review under applicable

judicial or administrative procedures. A civil penalty may not

be imposed unless gross negligence or willful misconduct is

established by clear and convincing evidence.

§ 5356. Whistleblower protection.

(a) General protection.--An individual who, in good faith,

reports a concern or complaint of this subchapter shall be

protected from retaliation in the form of discharge, demotion,

suspension, harassment or any form of discrimination in the

terms and conditions of employment or professional status.

(b) Retaliation penalties.--Any person who retaliates

against a whistleblower for reporting a violation shall be

liable for:

(1) Actual damages, including reinstatement, back pay

and compensatory damages.

(2) A civil penalty not exceeding $10,000.

(3) Reasonable attorney fees and costs.

(c) Violations of this section.--A report of a violation of

this section shall be submitted to the Office of Attorney

General or other designated authority as established by the

Department of State.

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