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Senate passes legislation designed to protect those who blow the whistle on wasteful or criminal conduct

“Criminal Antitrust Anti-Retaliation Act extends whistleblower protections to employees who report criminal violations of the antitrust laws. These kinds of violations, which include price fixing, have a particularly pernicious impact on consumers”, said Senator Leahy. But it doesn’t protect persons wishing to blow the whistle on government or military corruption, fraud or criminality.

On November 5, 2013 Senator Patrick Leahy of Vermont asked for permission to address the United States Senate regarding passage of the Criminal Antitrust Anti-Retaliation Act legislation.

“Madam President, I am pleased that the Senate passed yesterday bipartisan legislation that will improve the enforcement of the antitrust laws. The bipartisan Criminal Antitrust Anti-Retaliation Act extends whistleblower protections to employees who report criminal violations of the antitrust laws. These kinds of violations, which include price fixing, have a particularly pernicious impact on consumers.”

“This legislation represents a continuation of my partnership with Senator Grassley on whistleblower issues. Senator Grassley has long been an advocate for protecting those who blow the whistle on wasteful or criminal conduct. Our bill is modeled on whistleblower protections that he and I authored as part of the Sarbanes-Oxley Act. The Criminal Antitrust Anti-Retaliation Act does not provide employees with an economic incentive to report violations. The legislation simply makes whole employees who have been fired or discriminated against for blowing the whistle on criminal conduct”, he said.

“Whistleblower protection was recommended by the Government Accountability Office, GAO, in a 2011 report to Congress. The GAO surveyed an array of stakeholders and found widespread support for the kind of basic protections contained in this legislation. The bill allows employees who have reported a criminal violation to file an action with the Department of Labor if they have been fired or otherwise discriminated against for disclosing the violation. While the remedies provided by the bill are limited, they are crucial in protecting employees from retaliation. The antitrust laws exist to promote a free and open marketplace and serve to protect consumers. These laws can only be effective if they are vigorously enforced. The Criminal Antitrust Anti-Retaliation Act will aid in enforcement efforts and ensure that consumers are protected from harmful activity. I urge the House to act quickly to pass this important bill”, said Senator Leahy (source: Congressional Record  http://thomas.loc.gov).

Leahy is the Chairman of the Senate Judiciary Committee. He is the senior-most member of the Appropriations Committee and of the Agriculture Committee. Leahy is the Chairman of the Appropriations Subcommittee on State Department, Foreign Operations and Related Programs. He ranks first in seniority in the Senate and is the President Pro Tempore.

It should be noted that the whistleblower protections in this case do not extend to members of the military or federal government who wish to report  fraud, waste, misconduct  or serious criminal abuse on the part of the  government in terms of international human rights or violations of the U.S Constitution  (see video: “Whistleblower Protection Act doesn’t apply to people Edward Snowden”  http://www.youtube.com/watch?v=7VO3bYFYQr8).

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