Criminal Antitrust Anti-Retaliation Act of 2013
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| Long title | To provide anti-retaliation protections for antitrust whistleblowers. |
|---|---|
| Announced in | the 113th United States Congress |
| Sponsored by | Sen. Patrick J. Leahy (D, VT) |
| Number of co-sponsors | 1 |
| Codification | |
| Acts affected | Antitrust Criminal Penalty Enhancement and Reform Act of 2004, Sherman Act, Clayton Act |
| U.S.C. sections affected | 49 U.S.C. § 42121, 15 U.S.C. § 1, 15 U.S.C. § 12, 15 U.S.C. § 3 |
| Agencies affected | United States Department of Justice, United States Department of Labor |
| Legislative history | |
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The Criminal Antitrust Anti-Retaliation Act of 2013 (S. 42) is a bill that would protect whistleblowers who report violations of United States antitrust law. The bill would have whistleblowers first file a retaliation claim with the United States Department of Labor before going to federal court.[1] The bill passed the United States Senate during the 113th United States Congress.
Background[edit]
The bill was written in response to a July 2011 report from the Government Accountability Office on whistleblowing and price fixing.[2]
Provisions of the bill[edit]
This summary is based largely on the summary provided by the Congressional Research Service, a public domain source.[3]
The Criminal Antitrust Anti-Retaliation Act of 2013 would prohibit 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.[3]
The bill would allow 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.[3]
The bill would entitle a whistleblower who prevails in any such action to all relief necessary to make such whistleblower whole.[3]
Procedural history[edit]
Senate[edit]
The Criminal Antitrust Anti-Retaliation Act of 2013 was introduced into the Senate on January 22, 2013 by Sen. Patrick J. Leahy (D, VT).[4] It was referred to the United States Senate Committee on the Judiciary. On November 4, 2013, the Senate voted to pass the bill with unanimous consent.
Debate and discussion[edit]
The National Whistleblowers Center supported the bill and encouraged readers to write to their Senators about the bill.[5] The executive director Stephen Kohn said that "this bill is a major step forward in plugging a loophole in the patchwork of whistleblower protection that currently exists."[5]
See also[edit]
Notes/References[edit]
- ^ Paul H. Saint-Antoine; Ronald A. Sarachan; Todd N. Hutchison (November 7, 2013). "Senate Approves Antitrust Anti-Retaliation Bill". Drinker Biddle. Archived from the original on May 6, 2015. Retrieved November 8, 2013.
- ^ Stout, David (24 January 2013). "Senators Revive Bill to Protect Whistleblowers Offering Antitrust Data". Main justice: Politics, Policy and the Law. Archived from the original on 29 August 2013. Retrieved 8 November 2013.
- ^ a b c d "S. 42 - Summary". United States Congress. Retrieved 8 November 2013.
- ^ "S. 42 - All Actions". United States Congress. Retrieved 8 November 2013.
- ^ a b "Senate Committee Approves Criminal Antitrust Anti-Retaliation Act". National Whistleblowers Center. Retrieved 8 November 2013.
External links[edit]
- Library of Congress - Thomas S. 42
- beta.congress.gov S. 42
- GovTrack.us S. 42
- OpenCongress.org S. 42
- WashingtonWatch.com S. 42
This article incorporates public domain material from websites or documents of the United States Government.