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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5330 Received in Senate (RDS)]

111th CONGRESS
  2d Session
                                H. R. 5330

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2010

                                Received

_______________________________________________________________________

                                 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.

            Passed the House of Representatives May 24, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

                               By Deborah M. Spriggs,

                                                          Deputy Clerk.
```