    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-257
    116th Congress

    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

    [[Page 1148]]

    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.

    [[Page 1149]]

    ``(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.''.

    Approved December 23, 2020.

    LEGISLATIVE HISTORY--S. 2258:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD:
    Vol. 165 (2019):
    Oct. 17, considered and passed
    Senate.
    Vol. 166 (2020):
    Dec. 8, considered and passed House.