[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2258 Engrossed in Senate (ES)]

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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.