[Congressional Record Volume 163, Number 187 (Wednesday, November 15, 2017)]
[Senate]
[Pages S7266-S7267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            CRIMINAL ANTITRUST ANTI-RETALIATION ACT OF 2017

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 258, S. 807.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 807) to provide anti-retaliation protections for 
     antitrust whistleblowers.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. I ask unanimous consent that the bill be considered 
read a third time and passed and the motion to reconsider be considered 
made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 807) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                 S. 807

       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 2017''.

     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 
     inserting 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 of 
     any lawful act done by the covered individual--
       ``(A) to provide or cause to be provided to the Federal 
     Government or a person with supervisory authority over the 
     covered individual (or such other person working for the 
     employer who has the authority to investigate, discover, or 
     terminate misconduct) 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) to cause to be filed, testify in, participate in, or 
     otherwise assist a Federal Government investigation or a 
     Federal Government 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 and 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) Federal government.--The term `Federal Government' 
     means--
       ``(i) a Federal regulatory or law enforcement agency; or
       ``(ii) any Member of Congress or committee of Congress.
       ``(E) 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 of Labor 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.--An action brought under paragraph 
     (1)(B) 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

[[Page S7267]]

     order issued by the Secretary of Labor pursuant to the 
     procedures set forth in section 42121(b) of title 49, United 
     States Code, 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.''.

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