[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.''.
                                 ______