Criminal Antitrust Anti-Retaliation Act of 2019
Floor Speech
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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 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.''.
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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.
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Mr. NEGUSE. Mr. Speaker, how much do I have remaining?
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Mr. NEGUSE.
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.
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