Sec. 15. Whistleblower protections
1,715 words·~8 min read·
/bill/118/s/4308/is/section-15A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Clayton Act ( 15 U.S.C. 12 et seq. ) is amended by inserting after section 27 ( 15 U.S.C. 26b ) the following: 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— 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 any violation of, or any act or omission the covered individual reasonably believes to be a violation of, the applicable antitrust laws; or 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 any violation of, or any act or omission the covered individual reasonably believes to be a violation of, the applicable antitrust laws.
Paragraph
(1)shall not apply to any covered individual if— the covered individual planned and initiated a violation or attempted violation of the applicable antitrust laws; the covered individual planned and initiated a violation or attempted violation of a criminal law in conjunction with a violation or attempted violation of the applicable antitrust laws; or the covered individual planned and initiated an obstruction or attempted obstruction of an investigation by the Federal Government of a violation of the applicable antitrust laws. In this section: The term applicable antitrust laws means section 1, 2, or 3 of the Sherman Act ( 15 U.S.C. 1 , 2, and 3) or section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent that such section applies to unfair methods of competition. The term covered individual means an employee, contractor, subcontractor, or agent of an employer. The term employer means a person, or any officer, employee, contractor, subcontractor, or agent of such person. The term Federal Government means— a Federal regulatory or law enforcement agency; or any Member of Congress or committee of Congress. 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) ). A covered individual who alleges discharge or other discrimination by any employer in violation of subsection
(a)may seek relief under subsection
(c)by— filing a complaint with the Secretary of Labor; or 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. 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. 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. 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. 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 of this section occurs. 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. A covered individual prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the covered individual whole. Relief for any action under paragraph
(1)shall include— reinstatement with the same seniority status that the covered individual would have had, but for the discrimination; the amount of back pay, with interest; and compensation for any special damages sustained as a result of the discrimination including litigation costs, expert witness fees, and reasonable attorney’s fees. 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 Antitrust Criminal Penalty Enhancement and Reform Act of 2004 ( 15 U.S.C. 1 note) is amended by inserting after section 216 ( 15 U.S.C. 7a–3 ) the following: In this section the following definitions shall apply: The term antitrust laws means section 1 or 3 of the Sherman Act (15 U.S.C. 1 and 3). The term collected proceeds means any sanctions, fines, penalties, or awards obtained in any covered enforcement action, whether by judgment, settlement, or a deferred prosecution agreement. The term covered enforcement action means any criminal action brought by the Attorney General under the antitrust laws that results in collected proceeds exceeding $1,000,000. The term original information means information that— is derived from the personal knowledge of a whistleblower; is not known to the Attorney General or the Department of Justice from any other source, unless the whistleblower is the original source of the information; is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is a source of the information; and is not already required to be disclosed to the Department of Justice or another Federal agency. The term related action , when used with respect to any covered enforcement action brought by the Attorney General, means any criminal action brought by another United States entity that is based upon the original information provided by a whistleblower that led to the successful enforcement action by the Attorney General. The term whistleblower means any individual who provides information relating to a violation of the antitrust laws to the Department of Justice, in a manner established by the Department of Justice. In a covered enforcement action, or related action, the Attorney General, subject to subsection (c), may pay an award or awards to a whistleblower who voluntarily provided original information to the Department of Justice that led to the successful enforcement of the covered enforcement action, or related action, in an amount not less than 10 percent and not more than 30 percent, in total, of what has been collected of the criminal fine imposed in the covered enforcement action or related action under the antitrust laws; Any amount paid under paragraph
(1)shall be paid from the criminal fine collected in the covered enforcement action. The determination of the amount of an award made under subsection
(b)shall be in the discretion of the Attorney General. In determining the amount of an award made under subsection (b), the Attorney General shall take into consideration— the significance of the information provided by the whistleblower to the success of the covered enforcement action; the degree of assistance and cooperation provided by the whistleblower in a covered enforcement action; the interest of the Department of Justice in deterring criminal violations of the antitrust laws by making awards to whistleblowers who provide information that leads to the successful covered enforcement actions; and such additional relevant factors as the Attorney General may establish. No award under subsection
(b)shall be made— to any whistleblower who is, or was at the time the whistleblower who acquired the original information submitted to the Commission, a member, officer, or employee of— any branch, agency, or instrumentality of the Federal Government; or any law enforcement organization; to any whistleblower who is convicted of a criminal violation related to the covered enforcement action for which the whistleblower otherwise could receive an award under this section; to any whistleblower who was an originator or leader of or who coerced any other party to participate in the activity giving rise to liability under the antitrust laws in the covered enforcement action for which the whistleblower otherwise could receive an award under this section; to any whistleblower who fails to respond to provide timely, truthful, continuing, and complete cooperation to the Department of Justice relating to the original information or intentionally withholds information relating to the original information; to any whistleblower who commits, participates in, or attempts to commit or participate in any crimes after disclosing the original information to the Department of Justice; to any whistleblower who fails to submit information to the Department of Justice in such form as the Department may require, or failed to report relevant information to the Department known to the whistleblower when the whistleblower first reported the information to the Department; to any whistleblower who fails to submit information to the Department of Justice in such form as the Department may require as prescribed by regulation; to any whistleblower who planned and initiated an obstruction or attempted obstruction of an investigation by the Department of Justice of a violation of the antitrust laws; or to any whistleblower who engages in conduct that would disqualify the whistleblower if the whistleblower were a leniency applicant under the Leniency Program of the Antitrust Division. Any whistleblower who makes a claim for an award under subsection
(b)may be represented by counsel. Any determination made under this section, including whether, to whom, or in what amount to make awards, shall be in the discretion of the Attorney General. Any such determination, except the determination of the amount of an award if the award was made in accordance with subsection (b), may be appealed to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the Attorney General. The court shall review the determination made by the Attorney General in accordance with section 706 of title 5, United States Code. .
Connectionstraces to 4
1 reference not yet in our index
- 15 USC 7a–3
Citation graph
cites case law
Cites 5Cited by 0 across 0 sources