Criminal Antitrust Anti-Retaliation Act of 2019
PL 116-257 (S.2258), enacted 12/23/2020

[116th Congress Public Law 257]
[From the U.S. Government Publishing Office]



[[Page 134 STAT. 1147]]

Public Law 116-257
116th Congress

                                 An Act


 
         To provide anti-retaliation protections for antitrust 
          whistleblowers. <<NOTE: Dec. 23, 2020 -  [S. 2258]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress 
assembled, <<NOTE: Criminal Antitrust Anti-Retaliation Act of 2019. 15 
USC 1 note.>> 
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. <<NOTE: 15 USC 7a-3.>>  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 134 STAT. 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) <<NOTE: Deadline.>>  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 134 STAT. 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) <<NOTE: Deadline.>>  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.

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