    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-190
    111th Congress

    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:

    [[Page 1276]]

    ``(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

    [[Page 1277]]

    Congressional Record by the Chairman of the House Budget Committee,
    provided that such statement has been submitted prior to the vote on
    passage.

    Approved June 9, 2010.

    LEGISLATIVE HISTORY--H.R. 5330:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 156 (2010):
    May 24, considered and passed House.
    May 27, considered and passed Senate.