[Congressional Record Volume 166, Number 207 (Tuesday, December 8, 2020)]
[House]
[Pages H7007-H7009]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            CRIMINAL ANTITRUST ANTI-RETALIATION ACT OF 2019

  Mr. NEGUSE. Madam Speaker, I move to suspend the rules and pass the 
bill (S. 2258) to provide anti-retaliation protections for antitrust 
whistleblowers.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 2258

       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

[[Page H7008]]

     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.''.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Colorado (Mr. Neguse) and the gentleman from North Dakota (Mr. 
Armstrong) each will control 20 minutes.
  The Chair recognizes the gentleman from Colorado.


                             General Leave

  Mr. NEGUSE. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Colorado?
  There was no objection.
  Mr. NEGUSE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, today I rise in strong support of the Criminal 
Antitrust Anti-Retaliation Act, legislation that I introduced with 
Chairman Nadler, Chairman Cicilline, and Ranking Member Sensenbrenner 
that would extend whistleblower protections to private-sector employees 
who report criminal antitrust violations to the Federal Government.
  Just by way of background, the Criminal Antitrust Anti-Retaliation 
Act is based on recommendations from a 2011 Government Accountability 
Office report. The legislation will protect private-sector employees 
for simply doing the right thing and ensure that those who retaliate 
against whistleblowers are held accountable.
  Under the legislation, an employee who believes that he or she is a 
victim of retaliation can file a complaint with the Secretary of Labor, 
and it allows for that employee to be reinstated to their former 
position if the Secretary finds in his or her favor.
  Mr. Speaker, antitrust violations often result in higher prices, less 
innovation, and fundamentally less choice. Private-sector employees are 
integral in maintaining the integrity of our antitrust laws, without 
whom violations such as price and wage fixing would go unreported.
  Since our Nation's founding, our country has had a rich tradition of 
working to protect whistleblowers. Today, more than ever, honoring that 
history is tremendously important. No employee should fear for their 
job or face retaliation for exposing illegal, anticompetitive behavior, 
such as price fixing.
  Mr. Speaker, I want to again thank Chairman Nadler, Chairman 
Cicilline, and the majority leader for bringing this bill to the House 
floor.
  I also want to thank Senator Grassley and Senator Leahy for 
spearheading this effort in the Senate and for working so persistently 
to get it passed in that Chamber.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ARMSTRONG. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, S. 2258, the Criminal Antitrust Anti-Retaliation Act, 
like its House companion, H.R. 8226, protects whistleblowers who help 
the Federal Government investigate and prosecute criminal violations of 
antitrust laws.
  When workers give information to law enforcement, cooperate with 
criminal investigations, or testify about an employer's crimes, their 
employer may retaliate. Retaliation can take many forms, such as 
firing, demotion, suspension, or other types of retaliatory 
discrimination. Whatever its form, retaliation is wrong.
  Workers should not be punished when they help the authorities address 
criminal antitrust violations, violations that ultimately harm American 
consumers. If this retaliation goes unaddressed, it can have damaging 
long-term effects. For one thing, unaddressed retaliation can suppress 
future whistleblowers who might otherwise step forward to shine a light 
on any wrongdoing.
  When whistleblowers are scared to speak out, law enforcement may 
never learn of the criminal antitrust violations in the first place. 
Likewise, without the help from whistleblowers during investigations, 
law enforcement agencies may be unable to successfully prosecute 
wrongdoers.
  S. 2258 addresses these policy concerns by prohibiting retaliatory 
discrimination against whistleblowers who speak out against criminal 
antitrust violations.
  This bill also gives whistleblowers recourse if their employers do 
choose to retaliate. Under the bill, a whistleblower can file a 
complaint through a process the Department of Labor oversees and, in 
limited circumstances, seek relief by suing in Federal court.
  While establishing whistleblower protections, S. 2258 also puts 
important guardrails in place to ensure that bad actors do not abuse 
this law. The bill denies whistleblower protections to people who 
instigate the violation of criminal antitrust laws or obstruct an 
investigation. Instead, the bill will protect workers who are acting in 
good faith.
  Finally, I should note that our colleague, Congressman Jim 
Sensenbrenner, a cosponsor of the House companion bill, has worked 
throughout his career to protect whistleblowers from retaliation. He 
has described the general policy animating this bill and highlighted 
the importance of whistleblowers when he said that whistleblowers help 
maintain the integrity of our laws. Mr. Sensenbrenner is correct.
  Mr. Speaker, I yield back the balance of my time.
  Mr. NEGUSE. Mr. Speaker, how much do I have remaining?
  The SPEAKER pro tempore (Mr. Cuellar). The gentleman from Colorado 
has 18 minutes remaining.
  Mr. NEGUSE. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Rhode Island (Mr. Cicilline), the chairman of the 
Antitrust, Commercial, and Administrative Law Subcommittee.

                              {time}  1630

  Mr. CICILLINE. Mr. Speaker, I rise in strong support of S. 2258, the 
Criminal Antitrust Anti-Retaliation Act, which was introduced in the 
House by Congressman Neguse, that is H.R. 8226, a piece of legislation 
that he relentlessly championed and it finally is before us for final 
passage.
  This important legislation protects whistleblowers who report 
criminal misconduct under the antitrust laws.
  As my good friend just mentioned, I would also like to acknowledge 
the leadership of Jim Sensenbrenner, who will be retiring from 
Congress, but who has made protection of whistleblowers an important 
part of his work here, and we will miss him on the Antitrust, 
Commercial and Administrative Law Subcommittee.
  This important bill provides employees with a mechanism for reporting 
retaliation to the Department of Labor. Whistleblowers who report on 
criminal antitrust conduct and are retaliated against, such as through 
wrongful discharge, demotion, or harassment will have a path for 
reinstatement, be able to be compensated for harms that they suffer and 
reimbursed for litigation expenses for meritorious claims.
  By extending these protections to employees who report criminal 
violations of antitrust laws to the Federal Government, this important 
measure will encourage whistleblowers to come forward to report extreme 
criminal violations of the antitrust laws, such as price and wage 
fixing, which are the supreme evil of antitrust.
  Moreover, this legislation brings the criminal antitrust laws in line 
with other important laws, such as the Sarbanes-Oxley Act, which 
protects whistleblowers who report corporate wrongdoing.

[[Page H7009]]

  No worker in America should fear for their job or economic livelihood 
for exposing corporations that engage in criminal activity, and 
exposing this misconduct is critical for antitrust enforcement 
purposes.
  I want to end where I began by applauding Congressman Neguse, the 
vice chair of the House Judiciary Antitrust, Commercial and 
Administrative Law Subcommittee, a really valued and deeply respected 
member of the subcommittee, for his extraordinary leadership on this 
vital legislation, which has already been passed unanimously by the 
Senate.
  Mr. Speaker, I urge all of my colleagues to support this commonsense 
legislation.
  Mr. NEGUSE. Mr. Speaker, I yield myself such time as I may consume.
  I thank the chairman of the Antitrust, Commercial and Administrative 
Law Subcommittee, Mr. Cicilline, for his leadership, his 
thoughtfulness, and for making consumer protection the central focus of 
his work and the Antitrust, Commercial and Administrative Law 
Subcommittee's work over this past Congress.
  I also thank Mr. Armstrong, my colleague on the other side of the 
aisle.
  I would lend my voice, as well, to those who have rightfully praised 
the work of Mr. Sensenbrenner who, for many years in the United States 
Congress, has served with distinction representing the people of 
Wisconsin. And I know that this bill was certainly important to him, 
and we appreciate his efforts on that front.
  Finally, I would close with this: It can be lost on the American 
public as we talk about things like price fixing and the antitrust laws 
that are currently on the books how that connects to the everyday life 
of Americans. Fundamentally, this bill is about consumer protection. It 
is about protecting the public.
  Before I came to Congress, I served several years in the cabinet of 
then-Governor John Hickenlooper, leading our State's Consumer 
Protection Agency, the Department of Regulatory Agencies' 600-person 
department with a $100 million budget, civil servants from across our 
State working hard each and every day to protect the consuming public 
and the people of the State of Colorado, the same work that folks do at 
the FTC and the Department of Justice in the Antitrust Division each 
and every day.
  This is another tool that can be used in the toolbox of regulators 
here in Washington as we work to make consumer protection a priority 
and ultimately partner with those in the private sector who wish to 
report abusive and anticompetitive conduct that might be happening in 
the broader marketplace.
  Again, I am thankful to the sponsors of this bill in the Senate, to 
the leadership in the House for bringing this bill forward to the 
floor.
  Mr. Speaker, I would urge a ``yes'' vote on the legislation before 
the House, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Colorado (Mr. Neguse) that the House suspend the rules 
and pass the bill, S. 2258.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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