[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5330 Enrolled Bill (ENR)]
H.R.5330
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To amend the Antitrust Criminal Penalty Enhancement and Reform Act of
2004 to extend the operation of such Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DELAY OF SUNSET.
Section 211(a) of the Antitrust Criminal Penalty Enhancement and
Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended--
(1) in subsection (a)--
(A) by inserting ``of this subtitle'' after ``214''; and
(B) by striking ``6 years'' and inserting ``16 years''; and
(2) by amending subsection (b) to read as follows:
``(b) Exceptions.--With respect to--
``(1) a person who receives a marker on or before the date on
which the provisions of section 211 through 214 of this subtitle
shall cease to have effect that later results in the execution of
an antitrust leniency agreement; or
``(2) an applicant who has entered into an antitrust leniency
agreement on or before the date on which the provisions of sections
211 through 214 of this subtitle shall cease to have effect,
the provisions of sections 211 through 214 of this subtitle shall
continue in effect.''.
SEC. 2. DEFINITIONS.
Section 212 of the Antitrust Criminal Penalty Enhancement and
Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following:
``(6) Marker.--The term `marker' means an assurance given by
the Antitrust Division to a candidate for corporate leniency that
no other company will be considered for leniency, for some finite
period of time, while the candidate is given an opportunity to
perfect its leniency application.''.
SEC. 3. TIMELINESS; COOPERATION AFTER TERMINATION OF STAY OR PROTECTIVE
ORDER.
(a) Timeliness.--Section 213(c) of the Antitrust Criminal Penalty
Enhancement and Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1
note) is amended to read as follows:
``(c) Timeliness.--The court shall consider, in making the
determination concerning satisfactory cooperation described in
subsection (b), the timeliness of the applicant's or cooperating
individual's cooperation with the claimant.''.
(b) Cooperation After Termination of Stay or Protective Order.--
Section 213 of the Antitrust Criminal Penalty Enhancement and Reform
Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended by adding
at the end the following--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Cooperation After Expiration of Stay or Protective Order.--If
the Antitrust Division does obtain a stay or protective order in a
civil action based on conduct covered by an antitrust leniency
agreement, once the stay or protective order, or a portion thereof,
expires or is terminated, the antitrust leniency applicant and
cooperating individuals shall provide without unreasonable delay any
cooperation described in paragraphs (1) and (2) of subsection (b) that
was prohibited by the expired or terminated stay or protective order,
or the expired or terminated portion thereof, in order for the
cooperation to be deemed satisfactory under such paragraphs.''.
SEC. 4. TECHNICAL CORRECTIONS.
Section 214 of the Antitrust Criminal Penalty Enhancement and
Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended--
(1) in paragraph (1) by inserting ``of this subtitle'' after
``213(b)''; and
(2) in paragraph (3)--
(A) by inserting ``of this subtitle'' after ``213(a)'' the
1st place it appears; and
(B) by striking ``title'' and inserting ``subtitle''.
SEC. 5. GAO REPORT.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General shall submit, to the Committee on the Judiciary of
the House of Representatives and the Committee on the Judiciary of the
Senate, a report on the effectiveness of the Antitrust Criminal Penalty
Enhancement and Reform Act of 2004, both in criminal investigation and
enforcement by the Department of Justice, and in private civil actions.
Such report should include study of, inter alia--
(1) the appropriateness of the addition of qui tam proceedings
to the antitrust leniency program; and
(2) the appropriateness of creating anti-retaliatory protection
for employees who report illegal anticompetitive conduct.
SEC. 6. EFFECTIVE DATE OF AMENDMENTS.
The amendments made by section 1 shall take effect immediately
before June 22, 2010.
SEC. 7. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.