[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3843 Reported in House (RH)]
<DOC>
Union Calendar No. 375
117th CONGRESS
2d Session
H. R. 3843
[Report No. 117-493, Part I]
To promote antitrust enforcement and protect competition through
adjusting premerger filing fees, and increasing antitrust enforcement
resources.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2021
Mr. Neguse (for himself, Mrs. Spartz, Mr. Cicilline, Mr. Buck, Mr.
Nadler, and Mr. Roy) introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committee on
Energy and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
September 26, 2022
Additional sponsors: Mr. Jones, Mr. Johnson of Georgia, Mr. Deutch, Mr.
Swalwell, Mr. Raskin, Ms. Jayapal, Ms. Scanlon, Mrs. McBath, Mrs.
Trahan, Mr. Cawthorn, Mr. Donalds, Ms. Lofgren, Mr. Amodei, Mr. Gooden
of Texas, Mr. Armstrong, Ms. Garcia of Texas, Mr. Khanna, Mrs. Boebert,
Mr. Garcia of Illinois, Mr. Levin of Michigan, Ms. Ross, Ms. Tlaib, Mr.
Espaillat, Mr. Carson, Ms. Porter, Mr. Sherman, Ms. Pingree, Mr.
DeFazio, Ms. Lee of California, Mr. Jeffries, Mrs. Axne, Mrs. Hinson,
Mr. Meeks, and Mr. DeSaulnier
September 26, 2022
Reported from the Committee on the Judiciary with amendments
[Strike out all after the enacting clause and insert the part printed
in italic]
September 26, 2022
Committee on Energy and Commerce discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on June
11, 2021]
_______________________________________________________________________
A BILL
To promote antitrust enforcement and protect competition through
adjusting premerger filing fees, and increasing antitrust enforcement
resources.
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 ``Merger Filing Fee Modernization Act
of 2022''.
SEC. 2. PREMERGER NOTIFICATION FILING FEES.
Section 605 of Public Law 101-162 (15 U.S.C. 18a note) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``$45,000'' and inserting
``$30,000'';
(ii) by striking ``$100,000,000'' and
inserting ``$161,500,000'';
(iii) by striking ``2004'' and inserting
``2022''; and
(iv) by striking ``2003'' and inserting
``2021'';
(B) in paragraph (2)--
(i) by striking ``$125,000'' and inserting
``$100,000'';
(ii) by striking ``$100,000,000'' and
inserting ``$161,500,000'';
(iii) by striking ``but less'' and
inserting ``but is less''; and
(iv) by striking ``and'' at the end;
(C) in paragraph (3)--
(i) by striking ``$280,000'' and inserting
``$250,000''; and
(ii) by striking the period at the end and
inserting ``but is less than $1,000,000,000 (as
so adjusted and published);''; and
(D) by adding at the end the following:
``(4) $400,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
is not less than $1,000,000,000 (as so adjusted and published)
but is less than $2,000,000,000 (as so adjusted and published);
``(5) $800,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
is not less than $2,000,000,000 (as so adjusted and published)
but is less than $5,000,000,000 (as so adjusted and published);
and
``(6) $2,250,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
is not less than $5,000,000,000 (as so adjusted and
published).''; and
(2) by adding at the end the following:
``(c)(1) For each fiscal year commencing after September 30, 2022,
the filing fees in this section shall be increased each year by an
amount equal to the percentage increase, if any, in the Consumer Price
Index, as determined by the Department of Labor or its successor, for
the year then ended over the level so established for the year ending
September 30, 2021.
``(2) As soon as practicable, but not later than January 31 of each
year, the Federal Trade Commission shall publish the adjusted amounts
required by paragraph (1).
``(3) The Federal Trade Commission shall not adjust amounts
required by paragraph (1) if the percentage increase described in
paragraph (1) is less than 1 percent.
``(4) An amount adjusted under this section shall be rounded to the
nearest multiple of $5,000.
``(5) For each fiscal year commencing after September 30, 2022,
through September 30, 2027, the Federal Trade Commission and Department
of Justice shall include in its joint annual report pursuant to the
Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)
et seq.) the following:
``(A) the increase in funds made available to the Federal
Trade Commission and the Department of Justice, respectively,
through the adjustment in premerger notification filing fees in
15 U.S.C. 18(a) from the funds made available to the Federal
Trade Commission and the Department of Justice, respectively,
from premerger notification filing fees as the fees were
determined in fiscal year 2021;
``(B) the total revenue derived from premerger notification
filing fees, by tier, and how such revenue is used by the
Federal Trade Commission and the Department of Justice,
respectively; and
``(C) the gross cost of operations of the Federal Trade
Commission and the Department of Justice, respectively,
associated with activities related to the use of revenue
derived from premerger notification filing fees.
``(6) The Federal Trade Commission shall report, in addition to the
requirements listed in paragraph (5), a listing of all cases where the
Federal Trade Commission took or declined to take action on a 3 to 2
vote and what percentage of actions of the Federal Trade Commission
were decided on a 3 to 2 vote.
``(7) The Federal Trade Commission and the Department of Justice
shall make the joint annual report pursuant to the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18(a) et seq.) available
to the Senate Committee on the Judiciary and the House Committee on the
Judiciary and shall, for fiscal years 2022 through 2027, no later than
July 1, present a summary of the joint annual report for the preceding
fiscal year, including the information required in paragraph (5) and
(6) of this Act, to the Senate Committee on the Judiciary and the House
Committee on the Judiciary.
``(8) None of the funds collected by the Federal Trade Commission
from premerger notification filing fees under 15 U.S.C. 18(a) and
allocated by the Federal Trade Commission shall be available for
obligation or expenditure by the Federal Trade Commission and the
Department of Justice in excess of the amounts appropriated by Congress
for spending authority from offsetting collections, including premerger
notification filings under the Hart-Scott Rodino Antitrust Improvements
Act of 1976.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal year 2022--
(1) $252,000,000 for the Antitrust Division of the
Department of Justice; and
(2) $418,000,000 for the Federal Trade Commission.
Amend the title so as to read: ``A bill to protect
competition and promote antitrust enforcement by adjusting
premerger filing fees to increase antitrust enforcement
resources.''.
Union Calendar No. 375
117th CONGRESS
2d Session
H. R. 3843
[Report No. 117-493, Part I]
_______________________________________________________________________
A BILL
To promote antitrust enforcement and protect competition through
adjusting premerger filing fees, and increasing antitrust enforcement
resources.
_______________________________________________________________________
September 26, 2022
Reported from the Committee on the Judiciary with amendments
September 26, 2022
Committee on Energy and Commerce discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed