[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.
____________________