II 

116TH CONGRESS 

2D SESSION S. 4346 

To amend the Antitrust Criminal Penalty Enhancement and Reform Act 

of 2004 to repeal the sunset provision. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2020 

Mr. GRAHAM (for himself, Mrs. FEINSTEIN, Mr. LEE, and Ms. KLOBUCHAR) 

introduced the following bill; which was read twice, considered, read the 

third time, and passed 

A BILL 

To amend the Antitrust Criminal Penalty Enhancement and 

Reform Act of 2004 to repeal the sunset provision. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Antitrust Criminal 

5 Penalty Enhancement and Reform Permanent Extension 

6 Act’’. 

7 SEC. 2. FINDINGS; PURPOSE. 

8 (a) FINDINGS.—Congress finds the following: 

9 (1) Conspiracies among competitors to fix 

10 prices, rig bids, and allocate markets are categoriVerDate Sep 11 2014 22:29 Jul 28, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4346.CPS S4346

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•S 4346 CPS

1 cally and irredeemably anticompetitive and con2 travene the competition policy of the United States. 

3 (2) Cooperation incentives are important to the 

4 efforts of the Antitrust Division of the Department 

5 of Justice to prosecute and deter the offenses de6 scribed in paragraph (1). 

7 (b) PURPOSE.—The purpose of this Act, and the 

8 amendments made by this Act, is to strengthen public and 

9 private antitrust enforcement by providing incentives for 

10 antitrust violators to cooperate fully with government 

11 prosecutors and private litigants through the repeal of the 

12 sunset provision of the Antitrust Criminal Penalty En13 hancement and Reform Act of 2004 (15 U.S.C. 1 note). 

14 SEC. 3. REPEAL OF SUNSET PROVISION. 

15 (a) REPEAL.—Section 211 of the Antitrust Criminal 

16 Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 

17 1 note) is repealed. 

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 (1) REVIVAL AND RESTORATION.— 

20 (A) IN GENERAL.—Sections 212, 213, and 

21 214 of the Antitrust Criminal Penalty Enhance22 ment and Reform Act of 2004 (15 U.S.C. 1 

23 note) as in effect on June 21, 2020, and as 

24 amended by the laws described in subparagraph 

25 (B), are revived and restored. 


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1 (B) LAWS.—The laws described in this 

2 subparagraph are: 

3 (i) Antitrust Criminal Penalty En4 hancement and Reform Act of 2004 Exten5 sion Act (Public Law 111–30; 123 Stat. 

6 1775). 

7 (ii) The Act entitled ‘‘An Act to 

8 amend the Antitrust Criminal Penalty En9 hancement and Reform Act of 2004 to ex10 tend the operation of such Act, and for 

11 other purposes’’, approved June 9, 2010 

12 (Public Law 111–90; 124 Stat. 1275). 

13 (2) DEFINITIONS.—Section 212 of the Anti14 trust Criminal Penalty Enhancement and Reform 

15 Act of 2004 (15 U.S.C. 1 note) is amended— 

16 (A) by striking paragraph (6); and 

17 (B) by redesignating paragraph (7) as 

18 paragraph (6). 

19 (c) APPLICABILITY.— 

20 (1) MARKERS AND AGREEMENTS BEFORE SUN21 SET.—Notwithstanding the repeal under subsection 

22 (a), section 211(b) of the Antitrust Criminal Penalty 

23 Enhancement and Reform Act of 2004 (15 U.S.C. 

24 1 note), as in effect on the day before the date of 

25 enactment of this Act, shall continue to apply to any 


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1 person who received a marker or entered into an 

2 antitrust leniency agreement on or before June 22, 

3 2020. 

4 (2) MARKERS AND AGREEMENTS AFTER SUN5 SET.—The repeal under subsection (a) shall apply to 

6 any person who received a marker or entered into an 

7 antitrust leniency agreement on or after June 23, 

8 2020. 

Æ 


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