Criminal Antitrust Anti-Retaliation Act - Prohibits discharging or in any other manner discriminating against a whistleblower in terms and conditions of employment because: (1) the whistleblower provided information to the employer or the federal government concerning a violation of antitrust law or another criminal law committed in conjunction with a potential violation of antitrust law; or (2) the whistleblower participated in, or otherwise assisted, an investigation relating to such a violation.
Allows a whistleblower who alleges discharge or other discrimination to seek relief: (1) by filing a complaint with the Secretary of Labor; or (2) if the Secretary has not issued a final decision within 180 days of filing such complaint, to bring an action at law or equity.
Entitles a whistleblower who prevails in any such action to all relief necessary to make such whistleblower whole.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3462 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3462
To provide anti-retaliation protections for antitrust whistleblowers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2012
Mr. Leahy (for himself, Mr. Grassley, and Mr. Kohl) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
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,
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.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5736)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S5736)
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