[Congressional Record Volume 159, Number 7 (Tuesday, January 22, 2013)]
[Senate]
[Pages S156-S157]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. LEAHY (for himself and Mr. Grassley):
S. 42. A bill to provide anti-retaliation protections for antitrust
whistleblowers; to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, I am pleased to once again join with
Senator Grassley and today introduce the Criminal Antitrust Anti-
Retaliation Act. This legislation, which is identical to our
legislation from last Congress, will provide important protections to
employees who come forward and disclose to law enforcement price fixing
and other criminal antitrust behavior that harm consumers. This
legislation is a continuation of the long partnership that I have had
with Senator Grassley on whistleblower issues.
Congress should encourage employees with information about criminal
antitrust activity, such as price fixing, to report that information by
offering meaningful protection to those who blow the whistle rather
than leaving them vulnerable to reprisals. Throughout our history,
whistleblowers have been instrumental in alerting the public, Congress,
and law enforcement to wrongdoing in a variety of areas. These
individuals take risks in stepping forward, and many times their
actions result in important reforms and have even saved lives.
The legislation we are introducing today is based on recommendations
from the Government Accountability Office, which interviewed key
stakeholders in the antitrust community and found widespread support
for anti-retaliatory protection in criminal antitrust cases. The
provisions in this bill are modeled on the whistleblower protections
that Senator Grassley and I authored as part of the Sarbanes Oxley Act,
and are narrowly tailored to ensure that whistleblowers are not
provided with an economic incentive to bring forth false claims.
The antitrust laws protect consumers and serve to promote our free
enterprise system. Our bipartisan bill will help to ensure that
criminal violations of these laws do not go unreported. I urge the
Senate to act quickly to 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. 64
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 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--
[[Page S157]]
``(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.''.
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