,,ii #aacth ,,congress #ast ,session ,s4 #db ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bb 7legislative day1 ,january #c71 #bjac ,mr4 ,leahy 7for himself and ,mr4 ,grassley7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide anti-retaliation protections for antitrust whistleblowers4 #a4 ,short title ,this ,act may be cited as the ,criminal ,antitrust ,anti-,retaliation ,act of #bjac4 #b4 ,amendment to ,,acpera ,the ,antitrust ,criminal ,penalty ,enhancement and ,reform ,act of #bjjd 7,public ,law #ajh-bcg2 #ae ,u4,s4,c4 #a note7 is amended by adding after section #bae the following3 #baf4 ,anti-retaliation protection for whistleblowers 7a7 ,whistleblower protections for employees1 contractors1 subcontractors1 and agents 7#a7 ,in general ,no person1 or any officer1 employee1 contractor1 subcontractor1 or agent of such person1 may discharge1 demote1 suspend1 threaten1 harass1 or in any other manner discriminate against a whistleblower in the terms and conditions of employment because-- 7,a7 the whistleblower provided or caused to be provided to the person or the ,federal ,government information relating to-- 7i7 any violation of1 or any act or omission the whistleblower reasonably believes to be a violation of the antitrust laws2 or 7ii7 any violation of1 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 laws2 or 7,b7 the whistleblower filed1 caused to be filed1 testified1 participated in1 or otherwise assisted an investigation or a proceeding filed or about to be filed 7with any knowledge of the employer7 relating to-- 7i7 any violation of1 or any act or omission the whistleblower reasonably believes to be a violation of the antitrust laws2 or 7ii7 any violation of1 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 laws4 7#b7 ,limitation on protections ,paragraph 7#a7 shall not apply to any whistleblower if-- 7,a7 the whistleblower planned and initiated a violation or attempted violation of the antitrust laws2 7,b7 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 laws2 or 7,c7 the whistleblower planned and initiated an obstruction or attempted obstruction of an investigation by the ,department of ,justice of a violation of the antitrust laws4 7#c7 ,definitions ,in the section3 7,a7 ,person ,the term person has the same meaning as in subsection 7a7 of the first section of the ,clayton ,act 7#ae ,u4,s4,c4 #ab7;a774 7,b7 ,antitrust laws ,the term antitrust laws means section #a or #c of the ,sherman ,act 7#ae ,u4,s4,c4 #a1 #c7 or similar ,state law4 7,c7 ,whistleblower ,the term whistleblower means an employee1 contractor1 subcontractor1 or agent protected from discrimination under paragraph 7#a74 7b7 ,enforcement action 7#a7 ,in general ,a whistleblower who alleges discharge or other discrimination by any person in violation of subsection 7a7 may seek relief under subsection 7c7 by-- 7,a7 filing a complaint with the ,secretary of ,labor2 or 7,b7 if the ,secretary has not issued a final decision within #ahj days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant1 bringing an action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such an action without regard to the amount in controversy4 7#b7 ,procedure 7,a7 ,in general ,a complaint filed with the ,secretary of ,labor under paragraph 7#a77;,a7 shall be governed under the rules and procedures set forth in section #dbaba7;b7 of title #di1 ,united ,states ,code4 7,b7 ,exception ,notification made under section #dbaba7;b77#a7 of title #di1 ,united ,states ,code1 shall be made to the person named in the complaint and to the employer4 7,c7 ,burdens of proof ,a complaint filed with the ,secretary of ,labor under paragraph 7#a7 shall be governed by the legal burdens of proof set forth in section #dbaba7;b7 of title #di1 ,united ,states ,code4 7,d7 ,statute of limitations ,a complaint under paragraph 7#a77;,a7 shall be filed with the ,secretary of ,labor not later than #ahj days after the date on which the violation occurs4 7,e7 ,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 #dbaba7;b71 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 occurred4 7c7 ,remedies 7#a7 ,in general ,a whistleblower prevailing in any action under subsection 7b77#a7 shall be entitled to all relief necessary to make the whistleblower whole4 7#b7 ,compensatory damages ,relief for any action under paragraph 7#a7 shall include-- 7,a7 reinstatement with the same seniority status that the whistleblower would have had1 but for the discrimination2 7,b7 the amount of back pay1 with interest2 and 7,c7 compensation for any special damages sustained as a result of the discrimination including litigation costs1 expert witness fees1 and reasonable attorney's fees4 7d7 ,rights retained by whistleblowers ,nothing in this section shall be deemed to diminish the rights1 privileges1 or remedies of any whistleblower under any ,federal or ,state law1 or under any collective bargaining agreement4 4