S. 807 – Criminal Antitrust Anti-Retaliation Act of 2017

AI-Generated Summary

Updated April 15, 2026 at 2:26 PM UTC

The Criminal Antitrust Anti‑Retaliation Act of 2017 adds new whistleblower protections to the Antitrust Criminal Penalty Enhancement and Reform Act of 2004. It bars employers from firing, demoting, or otherwise discriminating against employees, contractors, subcontractors, or agents who report suspected antitrust violations or related crimes to the federal government. The law also creates a process for filing complaints with the Secretary of Labor or suing in federal court, and provides remedies such as reinstatement, back pay, and attorney fees.

Key Provisions

Prohibits retaliation (e.g., discharge, demotion, harassment) against covered individuals who provide information or assist federal investigations of antitrust law violations or related criminal conduct.
Excludes protection for individuals who themselves planned or initiated the antitrust or related criminal violations, or who attempted to obstruct a DOJ investigation.
Allows affected individuals to file a complaint with the Secretary of Labor within 180 days, or to bring a de novo civil action in federal district court if the agency does not act timely.
Specifies remedies for successful claims, including reinstatement with seniority, back pay with interest, and compensation for litigation costs, expert fees, and reasonable attorney’s fees.
Clarifies that the new protections do not limit any other federal, state, or collective‑bargaining rights the whistleblower may have.

Legislative Activity

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8 earlier actions

HouseFloor Latest Action

Held at the desk.

November 16, 2017 • 4:14 PM

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SenateIntro Referral

Introduced in Senate

April 4, 2017

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

April 4, 2017

SenateCommittee

Committee on the Judiciary. Ordered to be reported without amendment favorably.

Judiciary Committee

November 2, 2017

SenateCommittee

Committee on the Judiciary. Reported by Senator Grassley without amendment. Without written report.

Judiciary Committee

November 2, 2017

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 258.

November 2, 2017

SenateFloor

Passed Senate without amendment by Unanimous Consent. (consideration: CR S7266-7267; text: CR S7266-7267)

November 15, 2017

HouseFloor

Received in the House.

November 16, 2017 • 10:25 AM

SenateFloor

Message on Senate action sent to the House.

November 16, 2017

HouseFloor

Held at the desk.

November 16, 2017 • 4:14 PM

Floor Debate

2 members

What members said about S. 807 on the floor

2 Republicans

Sen. Mitch McConnellR-KY · Oct 26, 2017

Mr. President, I have 9 requests for committees to meet during today's session of the Senate. They have the approval of the Majority and Minority leaders. Pursuant to rule XXVI, paragraph 5(a), of…

Mr. President, I have 9 requests for committees to meet during today's session of the Senate. They have the approval of the Majority and Minority leaders.

Pursuant to rule XXVI, paragraph 5(a), of the Standing Rules of the Senate, the following committees are authorized to meet during today's session of the Senate:

Committee on Armed Services

The Committee on Armed Services is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 10 a.m., in closed session to conduct a briefing on Niger.

Committee on Banking, Housing, and Urban Affairs

The Committee on Banking, Housing, and Urban Affairs is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 10 a.m., to conduct a hearing on the following nominations: Brian D. Montgomery, of Texas, Robert Hunter Kurtz, of Virginia, and Suzanne Israel Tufts, of New York, each to be an Assistant Secretary of Housing and Urban Development.

Committee on Energy and Natural Resources

The Committee on Energy and Natural Resources is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 9:45 a.m., in room SD-366 to conduct a hearing.

Committee on Foreign Relations

The Committee on Foreign Relations is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 9:30 a.m. to hold a hearing.

Committee on Health, Education, Labor, and Pensions

The Committee on Health, Education, Labor, and Pensions is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 10 a.m., in room SD-430, to conduct a hearing entitled ``Exploring Free Speech on College Campuses''.

Committee on the Judiciary

The Committee on the Judiciary is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 10 a.m., in room SD-226 to conduct a hearing on S.807 and the following nominations: Allison H. Eid, of Colorado, to be United States Circuit Judge for the Tenth Circuit, Stephanos Bibas, of Pennsylvania, to he United States Circuit Judge for the Third Circuit, Liles Clifton Burke, to be United States District Judge for the Northern District of Alabama, Walter David Counts III, to be United States District Judge for the Western District of Texas, Michael Joseph Juneau, to be United States District Judge for the Western District of Louisiana, A. Marvin Quattlebaum, Jr., to be United States District Judge for the District of South Carolina, Karen Gren Scholer, to be United States District Judge for the Northern District of Texas, Tilman Eugene Self III, to be United States District Judge for the Middle District of Georgia, and John F. Bash, to be United States Attorney for the Western District of Texas, Erin Angela Nealy Cox, to be United States Attorney for the Northern District of Texas, and R. Andrew Murray, to be United States Attorney for the Western District of North Carolina, all of the Department of Justice.

Committee on Small Business and Entrepreneurship

The Committee on Small Business and Entrepreneurship is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 11 a.m., in SR-428A to conduct a hearing entitled ``Strengthening the Entrepreneurial Ecosystem for Women''.

Select Committee on Intelligence

The Select Committee on Intelligence is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 2 p.m., in room SH-219 to conduct a closed hearing.

Subcommittee on Regulatory Affairs and Federal Management

The Subcommittee on Regulatory Affairs and Federal Management of the Committee on Homeland Security and Governmental Affairs is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 10 a.m. to conduct a hearing entitled ``Improving Oversight of the Regulatory Process: Lessons from State Legislatures''.

Sen. Cory GardnerR-CO · Nov 2, 2017

Mr. President, I have 4 requests for committees to meet during today's session of the Senate. They have the approval of the Majority and Minority leaders. Pursuant to rule XXVI, paragraph 5(a), of…

Mr. President, I have 4 requests for committees to meet during today's session of the Senate. They have the approval of the Majority and Minority leaders.

Pursuant to rule XXVI, paragraph 5(a), of the Standing Rules of the Senate, the following committees are authorized to meet during today's session of the Senate:

Committee on Armed Services

The Committee on Armed Services is authorized to meet during the session of the Senate on Thursday, November 2, 2017, at 9:30 a.m., to conduct a hearing on the following nominations: Mark T. Esper, of Virginia, to be Secretary of the Army, Robert L. Wilkie, of North Carolina, to be Under Secretary for Personnel and Readiness, Joseph Kernan, of Florida, to be Under Secretary for Intelligence, and Guy B. Roberts, of Virginia, to be an Assistant Secretary, all of the Department of Defense.

Committee on Energy and Natural Resources

The Committee on Energy and Natural Resources is authorized to meet during the session of the Senate on Thursday, November 2, 2017, at 9:30 a.m., in room SD-366 to hold a hearing.

Committee on the Judiciary

The Committee on the Judiciary is authorized to meet during the session of the Senate on Thursday, November 2, 2017, at 10 a.m., in room SD-226 to conduct a hearing on S. 807 and the following nominations: of Gregory G. Katsas, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit, Jeffrey Uhlman Beaverstock, to be United States District Judge for the Southern District of Alabama, Emily Coody Marks, and Brett Joseph Talley, both to be a United States District Judge for the Middle District of Alabama, Holly Lou Teeter, to be United States District Judge for the District of Kansas, and Matthew G. T. Martin, to be United

States Attorney for the Middle District of North Carolina, and Christina E. Nolan, to be United States Attorney for the District of Vermont, both of the Department of Justice.

Select Committee on Intelligence

The Select Committee on Intelligence is authorized to meet during the session of the Senate on Thursday, November 2, 2017, at 2 p.m., in room SH-219 to conduct a closed hearing.

Sen. Mitch McConnellR-KY · Nov 15, 2017

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 258, S. 807. I ask unanimous consent that the bill be considered read a third time and…

Bill Text

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Engrossed in SenateIssued November 15, 2017

115th CONGRESS

1st Session

S. 807

AN ACT

To provide anti-retaliation protections for antitrust whistleblowers.

1.

Short title

This Act may be cited as the Criminal Antitrust Anti-Retaliation Act of 2017.

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 inserting after section 215 the following:

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 of any lawful act done by the covered individual—

(A)

to provide or cause to be provided to the Federal Government or a person with supervisory authority over the covered individual (or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct) 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)

to cause to be filed, testify in, participate in, or otherwise assist a Federal Government investigation or a Federal Government 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 and 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)

Federal Government

The term Federal Government means—

(i)

a Federal regulatory or law enforcement agency; or

(ii)

any Member of Congress or committee of Congress.

(E)

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 of Labor 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

An action brought under paragraph (1)(B) 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 set forth in section 42121(b) of title 49, United States Code, 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 15, 2017.

Secretary