Title: Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act
Policy area: Crime and Law Enforcement

Summary:
Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act
This bill permanently authorizes and restores into effect the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) of 2004. ACPERA, which expired on June 22, 2020, provides incentives (e.g., limitations on civil liability) for corporations to self-report criminal conduct to the Antitrust Division within the Department of Justice.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4346 Considered and Passed Senate (CPS)]

<DOC>






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Antitrust Criminal Penalty 
Enhancement and Reform Permanent Extension Act''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Conspiracies among competitors to fix prices, rig bids, 
        and allocate markets are categorically and irredeemably 
        anticompetitive and contravene the competition policy of the 
        United States.
            (2) Cooperation incentives are important to the efforts of 
        the Antitrust Division of the Department of Justice to 
        prosecute and deter the offenses described in paragraph (1).
    (b) Purpose.--The purpose of this Act, and the amendments made by 
this Act, is to strengthen public and private antitrust enforcement by 
providing incentives for antitrust violators to cooperate fully with 
government prosecutors and private litigants through the repeal of the 
sunset provision of the Antitrust Criminal Penalty Enhancement and 
Reform Act of 2004 (15 U.S.C. 1 note).

SEC. 3. REPEAL OF SUNSET PROVISION.

    (a) Repeal.--Section 211 of the Antitrust Criminal Penalty 
Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) is repealed.
    (b) Technical and Conforming Amendments.--
            (1) Revival and restoration.--
                    (A) In general.--Sections 212, 213, and 214 of the 
                Antitrust Criminal Penalty Enhancement and Reform Act 
                of 2004 (15 U.S.C. 1 note) as in effect on June 21, 
                2020, and as amended by the laws described in 
                subparagraph (B), are revived and restored.
                    (B) Laws.--The laws described in this subparagraph 
                are:
                            (i) Antitrust Criminal Penalty Enhancement 
                        and Reform Act of 2004 Extension Act (Public 
                        Law 111-30; 123 Stat. 1775).
                            (ii) The Act entitled ``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'', approved 
                        June 9, 2010 (Public Law 111-90; 124 Stat. 
                        1275).
            (2) Definitions.--Section 212 of the Antitrust Criminal 
        Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) 
        is amended--
                    (A) by striking paragraph (6); and
                    (B) by redesignating paragraph (7) as paragraph 
                (6).
    (c) Applicability.--
            (1) Markers and agreements before sunset.--Notwithstanding 
        the repeal under subsection (a), section 211(b) of the 
        Antitrust Criminal Penalty Enhancement and Reform Act of 2004 
        (15 U.S.C. 1 note), as in effect on the day before the date of 
        enactment of this Act, shall continue to apply to any person 
        who received a marker or entered into an antitrust leniency 
        agreement on or before June 22, 2020.
            (2) Markers and agreements after sunset.--The repeal under 
        subsection (a) shall apply to any person who received a marker 
        or entered into an antitrust leniency agreement on or after 
        June 23, 2020.
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