text: 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.''.
target: 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.
feat_title: A bill to provide anti-retaliation protections for antitrust whistleblowers.