[Congressional Record Volume 166, Number 133 (Tuesday, July 28, 2020)]
[Senate]
[Page S4550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ANTITRUST CRIMINAL PENALTY ENHANCEMENT AND REFORM PERMANENT EXTENSION 
                                  ACT

  Mr. CRAMER. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 4346, introduced earlier 
today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 4346) to amend the Antitrust Criminal Penalty 
     Enhancement and Reform Act of 2004 to repeal the sunset 
     provision.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. CRAMER. I ask unanimous consent that the bill be considered read 
a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. CRAMER. I know of no further debate on the bill.
  The PRESIDING OFFICER. If there is no further debate, the question 
is, Shall the bill pass?
  The bill (S. 4346) was passed, as follows

                                S. 4346

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Antitrust Criminal Penalty 
     Enhancement and Reform Permanent Extension Act''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Conspiracies among competitors to fix prices, rig bids, 
     and allocate markets are categorically and irredeemably 
     anticompetitive and contravene the competition policy of the 
     United States.
       (2) Cooperation incentives are important to the efforts of 
     the Antitrust Division of the Department of Justice to 
     prosecute and deter the offenses described in paragraph (1).
       (b) Purpose.--The purpose of this Act, and the amendments 
     made by this Act, is to strengthen public and private 
     antitrust enforcement by providing incentives for antitrust 
     violators to cooperate fully with government prosecutors and 
     private litigants through the repeal of the sunset provision 
     of the Antitrust Criminal Penalty Enhancement and Reform Act 
     of 2004 (15 U.S.C. 1 note).

     SEC. 3. REPEAL OF SUNSET PROVISION.

       (a) Repeal.--Section 211 of the Antitrust Criminal Penalty 
     Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) is 
     repealed.
       (b) Technical and Conforming Amendments.--
       (1) Revival and restoration.--
       (A) In general.--Sections 212, 213, and 214 of the 
     Antitrust Criminal Penalty Enhancement and Reform Act of 2004 
     (15 U.S.C. 1 note) as in effect on June 21, 2020, and as 
     amended by the laws described in subparagraph (B), are 
     revived and restored.
       (B) Laws.--The laws described in this subparagraph are:
       (i) Antitrust Criminal Penalty Enhancement and Reform Act 
     of 2004 Extension Act (Public Law 111-30; 123 Stat. 1775).
       (ii) The Act entitled ``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'', approved 
     June 9, 2010 (Public Law 111-90; 124 Stat. 1275).
       (2) Definitions.--Section 212 of the Antitrust Criminal 
     Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) 
     is amended--
       (A) by striking paragraph (6); and
       (B) by redesignating paragraph (7) as paragraph (6).
       (c) Applicability.--
       (1) Markers and agreements before sunset.--Notwithstanding 
     the repeal under subsection (a), section 211(b) of the 
     Antitrust Criminal Penalty Enhancement and Reform Act of 2004 
     (15 U.S.C. 1 note), as in effect on the day before the date 
     of enactment of this Act, shall continue to apply to any 
     person who received a marker or entered into an antitrust 
     leniency agreement on or before June 22, 2020.
       (2) Markers and agreements after sunset.--The repeal under 
     subsection (a) shall apply to any person who received a 
     marker or entered into an antitrust leniency agreement on or 
     after June 23, 2020.
  Mr. CRAMER. I ask unanimous consent that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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