text: 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 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--
                      ``(A) the covered individual provided or caused to 
                  be provided to the employer or the Federal Government 
                  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) the covered individual 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 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, 
                  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) 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 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.--A complaint filed with the 
                  Secretary of Labor under paragraph (1)(A) 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 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.''.
  
              Passed the Senate November 4, 2013.
  
              Attest:
  
                                                               Secretary.
  113th CONGRESS
  
    1st Session
  
                                   S. 42
  
  _______________________________________________________________________
  
                                   AN ACT
  
   To provide anti-retaliation protections for antitrust whistleblowers.
target: (This measure has not been amended since it was reported to the Senate on October 31, 2013.   Criminal Antitrust Anti-Retaliation Act of 2013 - Amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to prohibit an employer from discharging, demoting, suspending, harassing, or in any other manner discriminating against an employee, contractor, subcontractor, or agent of such employer who: (1) provided information to the employer or the federal government concerning a violation of antitrust law or of another criminal law committed in conjunction with a potential violation of antitrust law or in conjunction with an antitrust investigation by the Department of Justice (DOJ); or (2) filed, testified, participated, or otherwise assisted in an investigation relating to such a violation. Excludes from such protection any individual who planned and initiated such a violation or an obstruction to the investigation of such a violation. Authorizes an individual who alleges discharge or other discrimination by an employer in violation of such prohibition 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 such filing, by bringing an action at law or equity in the appropriate U.S. district court. Entitles an individual who prevails in any such action to all relief necessary to make such individual whole, including reinstatement with the same status, back pay plus interest, and compensation for special damages sustained.
feat_title: Criminal Antitrust Anti-Retaliation Act of 2013