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

                                                       Calendar No. 233
113th CONGRESS
  1st Session
                                 S. 42

 To provide anti-retaliation protections for antitrust whistleblowers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 22 (legislative day, January 3), 2013

Mr. Leahy (for himself and Mr. Grassley) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

                            October 31, 2013

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Criminal Antitrust Anti-
Retaliation Act of 2013''.</DELETED>

<DELETED>SEC. 2. AMENDMENT TO ACPERA.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 216. ANTI-RETALIATION PROTECTION FOR 
              WHISTLEBLOWERS.</DELETED>

<DELETED>    ``(a) Whistleblower Protections for Employees, 
Contractors, Subcontractors, and Agents.--</DELETED>
        <DELETED>    ``(1) In general.--No person, or any officer, 
        employee, contractor, subcontractor, or agent of such person, 
        may discharge, demote, suspend, threaten, harass, or in any 
        other manner discriminate against a whistleblower in the terms 
        and conditions of employment because--</DELETED>
                <DELETED>    ``(A) the whistleblower provided or caused 
                to be provided to the person or the Federal Government 
                information relating to--</DELETED>
                        <DELETED>    ``(i) any violation of, or any act 
                        or omission the whistleblower reasonably 
                        believes to be a violation of the antitrust 
                        laws; or</DELETED>
                        <DELETED>    ``(ii) any violation of, or any 
                        act or omission the whistleblower 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</DELETED>
                <DELETED>    ``(B) the whistleblower 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--</DELETED>
                        <DELETED>    ``(i) any violation of, or any act 
                        or omission the whistleblower reasonably 
                        believes to be a violation of the antitrust 
                        laws; or</DELETED>
                        <DELETED>    ``(ii) any violation of, or any 
                        act or omission the whistleblower 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.</DELETED>
        <DELETED>    ``(2) Limitation on protections.--Paragraph (1) 
        shall not apply to any whistleblower if--</DELETED>
                <DELETED>    ``(A) the whistleblower planned and 
                initiated a violation or attempted violation of the 
                antitrust laws;</DELETED>
                <DELETED>    ``(B) the whistleblower 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</DELETED>
                <DELETED>    ``(C) the whistleblower planned and 
                initiated an obstruction or attempted obstruction of an 
                investigation by the Department of Justice of a 
                violation of the antitrust laws.</DELETED>
        <DELETED>    ``(3) Definitions.--In the section:</DELETED>
                <DELETED>    ``(A) 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)).</DELETED>
                <DELETED>    ``(B) Antitrust laws.--The term `antitrust 
                laws' means section 1 or 3 of the Sherman Act (15 
                U.S.C. 1, 3) or similar State law.</DELETED>
                <DELETED>    ``(C) Whistleblower.--The term 
                `whistleblower' means an employee, contractor, 
                subcontractor, or agent protected from discrimination 
                under paragraph (1).</DELETED>
<DELETED>    ``(b) Enforcement Action.--</DELETED>
        <DELETED>    ``(1) In general.--A whistleblower who alleges 
        discharge or other discrimination by any person in violation of 
        subsection (a) may seek relief under subsection (c) by--
        </DELETED>
                <DELETED>    ``(A) filing a complaint with the 
                Secretary of Labor; or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Procedure.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Exception.--Notification made under 
                section 42121(b)(1) of title 49, United States Code, 
                shall be made to the person named in the complaint and 
                to the employer.</DELETED>
                <DELETED>    ``(C) Burdens of proof.--A complaint filed 
                with the Secretary of Labor under paragraph (1) shall 
                be governed by the legal burdens of proof set forth in 
                section 42121(b) of title 49, United States 
                Code.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Remedies.--</DELETED>
        <DELETED>    ``(1) In general.--A whistleblower prevailing in 
        any action under subsection (b)(1) shall be entitled to all 
        relief necessary to make the whistleblower whole.</DELETED>
        <DELETED>    ``(2) Compensatory damages.--Relief for any action 
        under paragraph (1) shall include--</DELETED>
                <DELETED>    ``(A) reinstatement with the same 
                seniority status that the whistleblower would have had, 
                but for the discrimination;</DELETED>
                <DELETED>    ``(B) the amount of back pay, with 
                interest; and</DELETED>
                <DELETED>    ``(C) compensation for any special damages 
                sustained as a result of the discrimination including 
                litigation costs, expert witness fees, and reasonable 
                attorney's fees.</DELETED>
<DELETED>    ``(d) Rights Retained by Whistleblowers.--Nothing in this 
section shall be deemed to diminish the rights, privileges, or remedies 
of any whistleblower under any Federal or State law, or under any 
collective bargaining agreement.''.</DELETED>

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.''.
                                                       Calendar No. 233

113th CONGRESS

  1st Session

                                 S. 42

_______________________________________________________________________

                                 A BILL

 To provide anti-retaliation protections for antitrust whistleblowers.

_______________________________________________________________________

                            October 31, 2013

                       Reported with an amendment