Formatting necessary for an accurate reading of this text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.
[Page S4550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ANTITRUST CRIMINAL PENALTY ENHANCEMENT AND REFORM PERMANENT EXTENSION
ACT
Mr. CRAMER. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. 4346, introduced earlier
today.
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:
A bill (S. 4346) to amend the Antitrust Criminal Penalty
Enhancement and Reform Act of 2004 to repeal the sunset
provision.
There being no objection, the Senate proceeded to consider the bill.
Mr. CRAMER. I ask unanimous consent that the bill be considered read
a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. CRAMER. I know of no further debate on the bill.
The PRESIDING OFFICER. If there is no further debate, the question
is, Shall the bill pass?
The bill (S. 4346) was passed, as follows
S. 4346
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repealed.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.
Mr. CRAMER. I ask unanimous consent that the motion to reconsider be
considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________