[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 42 Engrossed in Senate (ES)]

113th CONGRESS
  1st Session
                                 S. 42

_______________________________________________________________________

                                 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 2013''.

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 adding 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--
                    ``(A) the covered individual provided or caused to 
                be provided to the employer or the Federal Government 
                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) the covered individual filed, caused to be 
                filed, testified, participated in, or otherwise 
                assisted an investigation or a 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, 
                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) 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 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.--A complaint filed with the 
                Secretary of Labor under paragraph (1)(A) 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 in 
                section 42121(b), 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.''.

            Passed the Senate November 4, 2013.

            Attest:

                                                             Secretary.
113th CONGRESS

  1st Session

                                 S. 42

_______________________________________________________________________

                                 AN ACT

 To provide anti-retaliation protections for antitrust whistleblowers.