II 

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. 

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


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HR 5330 RDS 

1 SECTION 1. DELAY OF SUNSET. 

2 Section 211(a) of the Antitrust Criminal Penalty En3 hancement and Reform Act of 2004 (Public Law 108– 

4 237; 15 U.S.C. 1 note) is amended— 

5 (1) in subsection (a)— 

6 (A) by inserting ‘‘of this subtitle’’ after 

7 ‘‘214’’; and 

8 (B) by striking ‘‘6 years’’ and inserting 

9 ‘‘16 years’’; and 

10 (2) by amending subsection (b) to read as fol11 lows: 

12 ‘‘(b) EXCEPTIONS.—With respect to— 

13 ‘‘(1) a person who receives a marker on or be14 fore the date on which the provisions of section 211 

15 through 214 of this subtitle shall cease to have ef16 fect that later results in the execution of an anti17 trust leniency agreement; or 

18 ‘‘(2) an applicant who has entered into an anti19 trust leniency agreement on or before the date on 

20 which the provisions of sections 211 through 214 of 

21 this subtitle shall cease to have effect, 

22 the provisions of sections 211 through 214 of this subtitle 

23 shall continue in effect.’’. 


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HR 5330 RDS 

1 SEC. 2. DEFINITIONS. 

2 Section 212 of the Antitrust Criminal Penalty En3 hancement and Reform Act of 2004 (Public Law 108– 

4 237; 15 U.S.C. 1 note) is amended— 

5 (1) by redesignating paragraph (6) as para6 graph (7); and 

7 (2) by inserting after paragraph (5) the fol8 lowing: 

9 ‘‘(6) MARKER.—The term ‘marker’ means an 

10 assurance given by the Antitrust Division to a can11 didate for corporate leniency that no other company 

12 will be considered for leniency, for some finite period 

13 of time, while the candidate is given an opportunity 

14 to perfect its leniency application.’’. 

15 SEC. 3. TIMELINESS; COOPERATION AFTER TERMINATION 

16 OF STAY OR PROTECTIVE ORDER. 

17 (a) TIMELINESS.—Section 213(c) of the Antitrust 

18 Criminal Penalty Enhancement and Reform Act of 2004 

19 (Public Law 108–237; 15 U.S.C. 1 note) is amended to 

20 read as follows: 

21 ‘‘(c) TIMELINESS.—The court shall consider, in mak22 ing the determination concerning satisfactory cooperation 

23 described in subsection (b), the timeliness of the appli24 cant’s or cooperating individual’s cooperation with the 

25 claimant.’’. 


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1 (b) COOPERATION AFTER TERMINATION OF STAY OR

2 PROTECTIVE ORDER.—Section 213 of the Antitrust 

3 Criminal Penalty Enhancement and Reform Act of 2004 

4 (Public Law 108–237; 15 U.S.C. 1 note) is amended by 

5 adding at the end the following— 

6 (1) by redesignating subsection (d) as sub7 section (e); and 

8 (2) by inserting after subsection (c) the fol9 lowing: 

10 ‘‘(d) COOPERATION AFTER EXPIRATION OF STAY OR

11 PROTECTIVE ORDER.—If the Antitrust Division does ob12 tain a stay or protective order in a civil action based on 

13 conduct covered by an antitrust leniency agreement, once 

14 the stay or protective order, or a portion thereof, expires 

15 or is terminated, the antitrust leniency applicant and co16 operating individuals shall provide without unreasonable 

17 delay any cooperation described in paragraphs (1) and (2) 

18 of subsection (b) that was prohibited by the expired or 

19 terminated stay or protective order, or the expired or ter20 minated portion thereof, in order for the cooperation to 

21 be deemed satisfactory under such paragraphs.’’. 

22 SEC. 4. TECHNICAL CORRECTIONS. 

23 Section 214 of the Antitrust Criminal Penalty En24 hancement and Reform Act of 2004 (Public Law 108– 

25 237; 15 U.S.C. 1 note) is amended— 


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HR 5330 RDS 

1 (1) in paragraph (1) by inserting ‘‘of this sub2 title’’ after ‘‘213(b)’’; and 

3 (2) in paragraph (3)— 

4 (A) by inserting ‘‘of this subtitle’’ after 

5 ‘‘213(a)’’ the 1st place it appears; and 

6 (B) by striking ‘‘title’’ and inserting ‘‘sub7 title’’. 

8 SEC. 5. GAO REPORT. 

9 Not later than 1 year after the date of enactment 

10 of this Act, the Comptroller General shall submit, to the 

11 Committee on the Judiciary of the House of Representa12 tives and the Committee on the Judiciary of the Senate, 

13 a report on the effectiveness of the Antitrust Criminal 

14 Penalty Enhancement and Reform Act of 2004, both in 

15 criminal investigation and enforcement by the Department 

16 of Justice, and in private civil actions. Such report should 

17 include study of, inter alia— 

18 (1) the appropriateness of the addition of qui 

19 tam proceedings to the antitrust leniency program; 

20 and 

21 (2) the appropriateness of creating anti-retalia22 tory protection for employees who report illegal anti23 competitive conduct. 


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1 SEC. 6. EFFECTIVE DATE OF AMENDMENTS. 

2 The amendments made by section 1 shall take effect 

3 immediately before June 22, 2010. 

4 SEC. 7. BUDGETARY EFFECTS. 

5 The budgetary effects of this Act, for the purpose of 

6 complying with the Statutory Pay-As-You-Go Act of 2010, 

7 shall be determined by reference to the latest statement 

8 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

9 Act, submitted for printing in the Congressional Record 

10 by the Chairman of the House Budget Committee, pro11 vided that such statement has been submitted prior to the 

12 vote on passage. 

Passed the House of Representatives May 24, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 

By DEBORAH M. SPRIGGS, 

Deputy Clerk. 


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