[Congressional Record Volume 158, Number 115 (Tuesday, July 31, 2012)]
[Senate]
[Page S5736]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Grassley, and Mr. Kohl):
  S. 3462. A bill to provide anti-retaliation protections for antitrust 
whistleblowers; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I am pleased to join with Senator Grassley 
and today introduce the Criminal Antitrust Anti-Retaliation Act. This 
legislation will provide important protections to employees who come 
forward and disclose to law enforcement price fixing and other criminal 
antitrust behavior that harm consumers. Senator Grassley and I have a 
long history of working together on whistleblower issues, and I am glad 
we can continue this partnership today.
  Whistleblowers are instrumental in alerting the public, Congress, and 
law enforcement to wrongdoing. In many cases, their willingness to step 
forward has resulted in important reforms and even saved lives. 
Congress must encourage employees with reasonable beliefs about 
criminal activity to report such fraud or abuse by offering meaningful 
protection to those who blow the whistle rather than leaving them 
vulnerable to reprisals.
  The legislation we introduce today was inspired by a recent report 
and recommendation from the Government Accountability Office which, 
based on interviews with key stakeholders, found widespread support for 
anti-retaliatory protection in criminal antitrust cases. It is modeled 
on the successful anti-retaliation provisions of the Sarbanes Oxley 
Act, and is carefully drafted to ensure that whistleblowers have no 
economic incentive to bring forth false claims.
  I have long supported vigorous enforcement of the antitrust laws, 
which have been called the ``Magna Carta of free enterprise.'' Today's 
legislation is a necessary complement to them. It has bipartisan 
support and was recommended by the Government Accountability Office. I 
urge the Senate to quickly take up and pass this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3462

       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''.

     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 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--
       ``(A) the whistleblower provided or caused to be provided 
     to the person or the Federal Government information relating 
     to--
       ``(i) any violation of, or any act or omission the 
     whistleblower reasonably believes to be a violation of the 
     antitrust laws; or
       ``(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
       ``(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--
       ``(i) any violation of, or any act or omission the 
     whistleblower reasonably believes to be a violation of the 
     antitrust laws; or
       ``(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.
       ``(2) Limitation on protections.--Paragraph (1) shall not 
     apply to any whistleblower if--
       ``(A) the whistleblower planned and initiated a violation 
     or attempted violation of the antitrust laws;
       ``(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
       ``(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.
       ``(3) Definitions.--In the section:
       ``(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)).
       ``(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.
       ``(C) Whistleblower.--The term `whistleblower' means an 
     employee, contractor, subcontractor, or agent protected from 
     discrimination under paragraph (1).
       ``(b) Enforcement Action.--
       ``(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--
       ``(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 
     the person named in the complaint and to the employer.
       ``(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.
       ``(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 whistleblower prevailing in any action 
     under subsection (b)(1) shall be entitled to all relief 
     necessary to make the whistleblower whole.
       ``(2) Compensatory damages.--Relief for any action under 
     paragraph (1) shall include--
       ``(A) reinstatement with the same seniority status that the 
     whistleblower 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 whistleblower under any Federal or State 
     law, or under any collective bargaining agreement.''.
                                 ______