116TH CONGRESS 

2D SESSION S. 4346 

AN ACT 

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, 
2 

†S 4346 ES

1 SECTION 1. SHORT TITLE. 

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

3 Penalty Enhancement and Reform Permanent Extension 

4 Act’’. 

5 SEC. 2. FINDINGS; PURPOSE. 

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

7 (1) Conspiracies among competitors to fix 

8 prices, rig bids, and allocate markets are categori9 cally and irredeemably anticompetitive and con10 travene the competition policy of the United States. 

11 (2) Cooperation incentives are important to the 

12 efforts of the Antitrust Division of the Department 

13 of Justice to prosecute and deter the offenses de14 scribed in paragraph (1). 

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

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

17 private antitrust enforcement by providing incentives for 

18 antitrust violators to cooperate fully with government 

19 prosecutors and private litigants through the repeal of the 

20 sunset provision of the Antitrust Criminal Penalty En21 hancement and Reform Act of 2004 (15 U.S.C. 1 note). 

22 SEC. 3. REPEAL OF SUNSET PROVISION. 

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

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

25 1 note) is repealed. 

26 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 
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†S 4346 ES

1 (1) REVIVAL AND RESTORATION.— 

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

3 214 of the Antitrust Criminal Penalty Enhance4 ment and Reform Act of 2004 (15 U.S.C. 1 

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

6 amended by the laws described in subparagraph 

7 (B), are revived and restored. 

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

9 subparagraph are: 

10 (i) Antitrust Criminal Penalty En11 hancement and Reform Act of 2004 Exten12 sion Act (Public Law 111–30; 123 Stat. 

13 1775). 

14 (ii) The Act entitled ‘‘An Act to 

15 amend the Antitrust Criminal Penalty En16 hancement and Reform Act of 2004 to ex17 tend the operation of such Act, and for 

18 other purposes’’, approved June 9, 2010 

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

20 (2) DEFINITIONS.—Section 212 of the Anti21 trust Criminal Penalty Enhancement and Reform 

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

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

24 (B) by redesignating paragraph (7) as 

25 paragraph (6). 
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†S 4346 ES

1 (c) APPLICABILITY.— 

2 (1) MARKERS AND AGREEMENTS BEFORE SUN3 SET.—Notwithstanding the repeal under subsection 

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

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

6 1 note), as in effect on the day before the date of 

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

8 person who received a marker or entered into an 

9 antitrust leniency agreement on or before June 22, 

10 2020. 

11 (2) MARKERS AND AGREEMENTS AFTER SUN12 SET.—The repeal under subsection (a) shall apply to 

13 any person who received a marker or entered into an 

14 antitrust leniency agreement on or after June 23, 

15 2020. 

Passed the Senate July 28, 2020. 

Attest: 

Secretary. 

116TH CONGRESS 

2D SESSION S. 4346 

AN ACT 

To amend the Antitrust Criminal Penalty Enhanceset provision. ment and Reform Act of 2004 to repeal the sun-