[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2258 Enrolled Bill (ENR)]

        S.2258

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
            the third day of January, two thousand and twenty


                                 An Act


 
  To provide anti-retaliation protections for antitrust whistleblowers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Criminal Antitrust Anti-Retaliation 
Act of 2019''.
SEC. 2. AMENDMENT TO ACPERA.
    The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 
(Public Law 108-237; 15 U.S.C. 1 note) is amended by inserting after 
section 215 the following:
    ``SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS.
    ``(a) Whistleblower Protections for Employees, Contractors, 
Subcontractors, and Agents.--
        ``(1) In general.--No employer may discharge, demote, suspend, 
    threaten, harass, or in any other manner discriminate against a 
    covered individual in the terms and conditions of employment of the 
    covered individual because of any lawful act done by the covered 
    individual--
            ``(A) to provide or cause to be provided to the Federal 
        Government or a person with supervisory authority over the 
        covered individual (or such other person working for the 
        employer who has the authority to investigate, discover, or 
        terminate misconduct) information relating to--
                ``(i) any violation of, or any act or omission the 
            covered individual reasonably believes to be a violation 
            of, the antitrust laws; or
                ``(ii) any violation of, or any act or omission the 
            covered individual reasonably believes to be a violation 
            of, another criminal law committed in conjunction with a 
            potential violation of the antitrust laws or in conjunction 
            with an investigation by the Department of Justice of a 
            potential violation of the antitrust laws; or
            ``(B) to cause to be filed, testify in, participate in, or 
        otherwise assist a Federal Government investigation or a 
        Federal Government proceeding filed or about to be filed (with 
        any knowledge of the employer) relating to--
                ``(i) any violation of, or any act or omission the 
            covered individual reasonably believes to be a violation 
            of, the antitrust laws; or
                ``(ii) any violation of, or any act or omission the 
            covered individual reasonably believes to be a violation 
            of, another criminal law committed in conjunction with a 
            potential violation of the antitrust laws or in conjunction 
            with an investigation by the Department of Justice of a 
            potential violation of the antitrust laws.
        ``(2) Limitation on protections.--Paragraph (1) shall not apply 
    to any covered individual if--
            ``(A) the covered individual planned and initiated a 
        violation or attempted violation of the antitrust laws;
            ``(B) the covered individual planned and initiated a 
        violation or attempted violation of another criminal law in 
        conjunction with a violation or attempted violation of the 
        antitrust laws; or
            ``(C) the covered individual planned and initiated an 
        obstruction or attempted obstruction of an investigation by the 
        Department of Justice of a violation of the antitrust laws.
        ``(3) Definitions.--In this section:
            ``(A) Antitrust laws.--The term `antitrust laws' means 
        section 1 or 3 of the Sherman Act (15 U.S.C. 1 and 3).
            ``(B) Covered individual.--The term `covered individual' 
        means an employee, contractor, subcontractor, or agent of an 
        employer.
            ``(C) Employer.--The term `employer' means a person, or any 
        officer, employee, contractor, subcontractor, or agent of such 
        person.
            ``(D) Federal government.--The term `Federal Government' 
        means--
                ``(i) a Federal regulatory or law enforcement agency; 
            or
                ``(ii) any Member of Congress or committee of Congress.
            ``(E) Person.--The term `person' has the same meaning as in 
        subsection (a) of the first section of the Clayton Act (15 
        U.S.C. 12(a)).
        ``(4) Rule of construction.--The term `violation', with respect 
    to the antitrust laws, shall not be construed to include a civil 
    violation of any law that is not also a criminal violation.
    ``(b) Enforcement Action.--
        ``(1) In general.--A covered individual who alleges discharge 
    or other discrimination by any employer 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 of Labor 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 jurisdiction over such an action without 
        regard to the amount in controversy.
        ``(2) Procedure.--
            ``(A) In general.--A complaint filed with the Secretary of 
        Labor under paragraph (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 
        any individual 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 section 42121(b) of title 49, United States Code.
            ``(D) Statute of limitations.--A complaint under paragraph 
        (1)(A) shall be filed with the Secretary of Labor not later 
        than 180 days after the date on which the violation occurs.
            ``(E) Civil actions to enforce.--If a person fails to 
        comply with an order or preliminary order issued by the 
        Secretary of Labor pursuant to the procedures set forth in 
        section 42121(b) of title 49, United States Code, the Secretary 
        of Labor or the person on whose behalf the order was issued may 
        bring a civil action to enforce the order in the district court 
        of the United States for the judicial district in which the 
        violation occurred.
    ``(c) Remedies.--
        ``(1) In general.--A covered individual prevailing in any 
    action under subsection (b)(1) shall be entitled to all relief 
    necessary to make the covered individual whole.
        ``(2) Compensatory damages.--Relief for any action under 
    paragraph (1) shall include--
            ``(A) reinstatement with the same seniority status that the 
        covered individual would have had, but for the discrimination;
            ``(B) the amount of back pay, with interest; and
            ``(C) compensation for any special damages sustained as a 
        result of the discrimination including litigation costs, expert 
        witness fees, and reasonable attorney's fees.
    ``(d) Rights Retained by Whistleblowers.--Nothing in this section 
shall be deemed to diminish the rights, privileges, or remedies of any 
covered individual under any Federal or State law, or under any 
collective bargaining agreement.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.