[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2258 Engrossed in Senate (ES)]
<DOC>
116th CONGRESS
1st Session
S. 2258
_______________________________________________________________________
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.''.
Passed the Senate October 17, 2019.
Attest:
Secretary.
116th CONGRESS
1st Session
S. 2258
_______________________________________________________________________
AN ACT
To provide anti-retaliation protections for antitrust whistleblowers.