Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act

I 116TH CONGRESS 2D SESSION H. R. 7882 To amend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to repeal the sunset provision. IN THE HOUSE OF REPRESENTATIVES JULY 30, 2020 Mr. NEGUSE 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 repeal the sunset provision. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Antitrust Criminal 4 Penalty Enhancement and Reform Permanent Extension 5 Act’’. 6 SEC. 2. FINDINGS; PURPOSE. 7 (a) FINDINGS.—Congress finds the following: 8 (1) Conspiracies among competitors to fix 9 prices, rig bids, and allocate markets are categori- 10 VerDate Sep 11 2014 04:07 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7882.IH H7882 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7882 IH cally and irredeemably anticompetitive and con- 1 travene the competition policy of the United States. 2 (2) Cooperation incentives are important to the 3 efforts of the Antitrust Division of the Department 4 of Justice to prosecute and deter the offenses de- 5 scribed in paragraph (1). 6 (b) PURPOSE.—The purpose of this Act, and the 7 amendments made by this Act, is to strengthen public and 8 private antitrust enforcement by providing incentives for 9 antitrust violators to cooperate fully with government 10 prosecutors and private litigants through the repeal of the 11 sunset provision of the Antitrust Criminal Penalty En- 12 hancement and Reform Act of 2004 (15 U.S.C. 1 note). 13 SEC. 3. REPEAL OF SUNSET PROVISION. 14 (a) REPEAL.—Section 211 of the Antitrust Criminal 15 Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 16 1 note) is repealed. 17 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 18 (1) REVIVAL AND RESTORATION.— 19 (A) IN GENERAL.—Sections 212, 213, and 20 214 of the Antitrust Criminal Penalty Enhance- 21 ment and Reform Act of 2004 (15 U.S.C. 1 22 note) as in effect on June 21, 2020, and as 23 amended by the laws described in subparagraph 24 (B), are revived and restored. 25 VerDate Sep 11 2014 04:07 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7882.IH H7882 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7882 IH (B) LAWS.—The laws described in this 1 subparagraph are: 2 (i) Antitrust Criminal Penalty En- 3 hancement and Reform Act of 2004 Exten- 4 sion Act (Public Law 111–30; 123 Stat. 5 1775). 6 (ii) The Act entitled ‘‘An Act to 7 amend the Antitrust Criminal Penalty En- 8 hancement and Reform Act of 2004 to ex- 9 tend the operation of such Act, and for 10 other purposes’’, approved June 9, 2010 11 (Public Law 111–90; 124 Stat. 1275). 12 (2) DEFINITIONS.—Section 212 of the Anti- 13 trust Criminal Penalty Enhancement and Reform 14 Act of 2004 (15 U.S.C. 1 note) is amended— 15 (A) by striking paragraph (6); and 16 (B) by redesignating paragraph (7) as 17 paragraph (6). 18 (c) APPLICABILITY.— 19 (1) MARKERS AND AGREEMENTS BEFORE SUN- 20 SET.—Notwithstanding the repeal under subsection 21 (a), section 211(b) of the Antitrust Criminal Penalty 22 Enhancement and Reform Act of 2004 (15 U.S.C. 23 1 note), as in effect on the day before the date of 24 enactment of this Act, shall continue to apply to any 25 VerDate Sep 11 2014 04:07 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7882.IH H7882 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7882 IH person who received a marker or entered into an 1 antitrust leniency agreement on or before June 22, 2 2020. 3 (2) MARKERS AND AGREEMENTS AFTER SUN- 4 SET.—The repeal under subsection (a) shall apply to 5 any person who received a marker or entered into an 6 antitrust leniency agreement on or after June 23, 7 2020. 8 Æ VerDate Sep 11 2014 04:07 Aug 18, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H7882.IH H7882 kjohnson on DSK79L0C42PROD with BILLS