I 
111TH CONGRESS 
2D SESSION 
H. R. 5330 
To amend the Antitrust Criminal Penalty Enhancement and Reform Act 
of 2004 to extend the operation of such Act for a 5-year period ending 
June 22, 2015, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2010 
Mr. JOHNSON of Georgia (for himself and Mr. CONYERS) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend the Antitrust Criminal Penalty Enhancement and 
Reform Act of 2004 to extend the operation of such 
Act for a 5-year period ending June 22, 2015, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DELAY OF SUNSET. 
Section 211(a) of the Antitrust Criminal Penalty En-
hancement and Reform Act of 2004 (Public Law 108– 
237; 15 U.S.C. 1 note) is amended— 
(1) in subsection (a)— 
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(A) by inserting ‘‘of this subtitle’’ after 
‘‘214’’, and 
(B) by striking ‘‘6 years’’ and inserting 
‘‘11 years’’, and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) EXCEPTIONS.—With respect to— 
‘‘(1) a person who receives a marker on or be-
fore the date on which the provisions of section 211 
through 214 of this subtitle shall cease to have ef-
fect that later results in the execution of an anti-
trust leniency agreement, or 
‘‘(2) an applicant who has entered into an anti-
trust 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 En-
hancement and Reform Act of 2004 (Public Law 108– 
237; 15 U.S.C. 1 note) is amended— 
(1) by redesignating paragraph (6) as para-
graph (7), and 
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(2) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) MARKER.—The term ‘marker’ means an 
assurance given by the Antitrust Division to a can-
didate 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 mak-
ing the determination concerning satisfactory cooperation 
described in subsection (b), the timeliness of the appli-
cant’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— 
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(1) by redesignating subsection (d) as sub-
section (e), and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) COOPERATION AFTER EXPIRATION OF STAY OR 
PROTECTIVE ORDER.—If the Antitrust Division does ob-
tain 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 co-
operating 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 ter-
minated 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 En-
hancement 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 sub-
title’’ after ‘‘213(b)’’, and 
(2) in paragraph (3)— 
(A) by inserting ‘‘of this subtitle’’ after 
‘‘213(a)’’ the 1st place it appears, and 
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(B) by striking ‘‘title’’ and inserting ‘‘sub-
title’’. 
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 Representa-
tives 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-retalia-
tory protection for employees who report illegal anti-
competitive conduct. 
SEC. 6. EFFECTIVE DATE OF AMENDMENT. 
The amendment made by section 2 shall take effect 
immediately before June 22, 2010. 
Æ 
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