[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 384 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 384
To transfer antitrust enforcement from the Federal Trade Commission to
the Attorney General, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 14, 2025
Mr. Cline (for himself, Mr. Fitzgerald, and Ms. Hageman) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To transfer antitrust enforcement from the Federal Trade Commission to
the Attorney General, and for other purposes.
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 ``One Agency Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is the policy of the United States to promote the
vigorous, effective, and efficient enforcement of the antitrust
laws.
(2) The overlapping antitrust enforcement jurisdiction of
the Department of Justice and the Federal Trade Commission has
wasted taxpayer resources, hampered enforcement efforts, and
caused uncertainty for businesses and consumers in the United
States.
(3) It is preferable that primary Federal responsibility
for enforcing the antitrust laws of the United States be given
to a single entity, and the Department of Justice is best
suited to do so.
SEC. 3. DEFINITIONS.
In this Act:
(1) Antitrust laws.--The term ``antitrust laws'' means--
(A) the Sherman Act (15 U.S.C. 1 et seq.); and
(B) the Clayton Act (15 U.S.C. 12 et seq.).
(2) Effective date.--The term ``effective date'' means the
date described in section 6.
(3) FTC.--The term ``FTC'' means the Federal Trade
Commission.
(4) FTC antitrust action.--The term ``FTC antitrust
action'' means any investigation, litigation, administrative
proceeding, or other action at the FTC that--
(A) is supervised by an FTC antitrust unit; or
(B) relates to the antitrust laws or unfair methods
of competition under section 5 of the Federal Trade
Commission Act (15 U.S.C. 45), as in effect on the day
before the effective date.
(5) FTC antitrust assets.--The term ``FTC antitrust
assets''--
(A) means all electronic or tangible records and
files relating to matters supervised, as well as any
physical assets or equipment owned and used or
retained, by an FTC antitrust unit; and
(B) does not include any office space or leased
facilities or equipment.
(6) FTC antitrust employee.--The term ``FTC antitrust
employee'' means an individual who on the day before the
effective date is employed by the FTC and assigned to an FTC
antitrust unit.
(7) FTC antitrust funding.--The term ``FTC antitrust
funding'' means all amounts appropriated before the effective
date by an Act of Congress to the FTC that are designated, by
Congress or the FTC for an FTC antitrust unit.
(8) FTC antitrust unit.--The term ``FTC antitrust unit''
means--
(A) the Bureau of Competition of the FTC; and
(B) each division of the Bureau of Economics of the
FTC that is designated to work on FTC antitrust
actions.
(9) Transition period.--The term ``transition period''
means the period beginning on the effective date and ending on
the later of--
(A) the date that is 1 year after the effective
date; or
(B) the date that is 180 days after the date
described in subparagraph (A), which may be extended by
the Attorney General once for an additional 180 days,
if the Attorney General determines that a period longer
than the period described in subparagraph (A) is
necessary to avoid harm to the interests of the United
States or the effective enforcement of the antitrust
laws.
SEC. 4. TRANSFER OF ANTITRUST ENFORCEMENT FUNCTIONS FROM THE FTC TO THE
ATTORNEY GENERAL.
(a) Transfer of Actions.--
(1) In general.--There shall be transferred to the Attorney
General all FTC antitrust actions, FTC antitrust employees, FTC
antitrust assets, and FTC antitrust funding on the earlier of--
(A) the date determined by the Attorney General
under paragraph (2)(B); or
(B) the end of the transition period.
(2) Requirement.--The Attorney General, taking care to
minimize disruption to ongoing enforcement matters and in
consultation as necessary with the Office of Personnel
Management, the General Services Administration, and the
Chairman of the FTC, shall--
(A) take all necessary actions to complete
implementation of this Act before the end of the
transition period; and
(B) determine the dates certain, which may not be
earlier than the effective date or later than the end
of the transition period, on which the transfers under
paragraph (1) shall occur.
(3) Personnel.--
(A) Assignment.--An FTC antitrust employee
transferred to the Attorney General under this Act
shall be assigned to the Antitrust Division of the
Department of Justice.
(B) Office space.--On the request of the Attorney
General, and in consultation as necessary with the
General Services Administration, the FTC shall allow
the Attorney General to use any office space or leased
facilities previously used by FTC antitrust employees
until such time as the Attorney General may provide
office space or facilities. After the transfer of FTC
antitrust funding to the Attorney General, the Attorney
General shall compensate the FTC for the costs of the
use of such office space or leased facilities.
(C) Restructuring.--Notwithstanding any other
provision of law, the Attorney General is authorized to
restructure the Antitrust Division of the Department of
Justice before the expiration of the transition period,
as the Attorney General determines is appropriate, to
carry out the purposes of this Act and accomplish the
efficient enforcement of the antitrust laws.
(4) Antitrust actions.--
(A) In general.--As soon as is reasonably
practicable during the transition period, all open
investigations, studies, litigations, matters, or other
proceedings being supervised by an FTC antitrust unit
and relating to the antitrust laws or unfair methods of
competition under section 5 of the Federal Trade
Commission Act (15 U.S.C. 45), as in effect on the day
before the effective date, shall be transferred to and
assumed by the Attorney General.
(B) Handling of administrative actions.--FTC
antitrust actions that were initiated by the FTC and
were unresolved as of the first day of the transition
period, shall be--
(i) continued as the Attorney General
determines is appropriate; and
(ii) the FTC shall have the power to
deputize former FTC antitrust employees, with
the consent of the Attorney General, to
continue any FTC antitrust actions as described
in clause (i).
(C) Intervention.--Any FTC antitrust actions before
a court of the United States as of the first day of the
transition period, that were initiated by the FTC and
were unresolved as of the first day of the transition
period, shall be--
(i) continued as the Attorney General
determines is appropriate; and
(ii) that the FTC shall have the power to
deputize former FTC antitrust employees, with
the consent of the Attorney General, to
continue any FTC antitrust actions as described
in clause (i).
(D) Consent decrees.--
(i) In general.--At the end of the
transition period, the Attorney General shall
have sole authority to receive all reports as
required under, enforce violations of, approve
modifications to, or rescind any consent decree
entered into by the FTC before the effective
date that concerns conduct alleged to violate
the antitrust laws or unfair methods of
competition under section 5 of the Federal
Trade Commission Act (15 U.S.C. 45), as in
effect on the day before the effective date.
(ii) Administrative enforcement.--If deemed
necessary by the FTC and the Attorney General,
the FTC shall have the power to deputize former
FTC antitrust employees, with the consent of
the Attorney General, to enforce and negotiate
modifications of FTC consent decrees in effect
on the day before the effective date in the
FTC's administrative process.
(5) Authority to conduct investigative studies.--
(A) Reports of persons, partnerships, and
corporations.--
(i) In general.--The Attorney General may
require, by general or special orders, persons,
partnerships, and corporations, engaged in or
whose business affects commerce to file with
the Attorney General in such form as the
Attorney General may prescribe annual or
special reports or answers in writing to
specific questions, furnishing to the Attorney
General such information as the Attorney
General may require as to the organization,
business, conduct, practices, management, and
relation to other corporations, partnerships,
and individuals of the respective persons,
partnerships, and corporations filing such
reports or answers in writing.
(ii) Oath.--Reports and answers required
under clause (i) shall--
(I) be made under oath or otherwise
as the Attorney General may prescribe;
(II) pertain solely to competition
or the application of the antitrust
laws; and
(III) be filed with the Attorney
General within such reasonable period
as the Attorney General may prescribe,
unless additional time be granted in
any case by the Attorney General.
(B) Publication of information or reports.--
(i) In general.--Except as provided in
clause (ii), the Attorney General--
(I) shall make public from time to
time such portions of the information
obtained by the Attorney General under
this paragraph as are in the public
interest;
(II) may make annual and special
reports to Congress that include
recommendations for additional
legislation; and
(III) shall provide for the
publication of reports and decisions of
the Attorney General in such form and
manner as may be best adapted for
public information and use.
(ii) Prohibition against publication of
privileged or confidential information.--
(I) In general.--Except as provided
in subclause (II), the Attorney General
shall not make public any trade secret
or any commercial or financial
information that is obtained from any
person and that is privileged or
confidential.
(II) Exception.--The Attorney
General may disclose information
described in subclause (I) to--
(aa) officers and employees
of appropriate Federal law
enforcement agencies or to any
officer or employee of any
State law enforcement agency on
the prior certification of an
officer of any such Federal or
State law enforcement agency
that such information will be
maintained in confidence and
will be used only for official
law enforcement purposes; or
(bb) any officer or
employee of any foreign law
enforcement agency under the
same circumstances that making
material available to foreign
law enforcement agencies is
permitted under section 21(b)
of the Federal Trade Commission
Act (15 U.S.C. 57b-2(b)).
(6) Benefit of antitrust division.--All FTC antitrust
assets and FTC antitrust funding transferred under this
subsection shall be for the exclusive use and benefit of the
Antitrust Division of the Department of Justice, except to the
extent the FTC deputizes former FTC antitrust employees, with
the consent of the Attorney General, to continue any FTC
antitrust actions that are ongoing and unresolved before the
effective date.
(b) Transition Period.--
(1) In general.--Except as provided in paragraph (2),
beginning on the effective date, the FTC may not--
(A) hire or assign an employee to an FTC antitrust
unit;
(B) open a new investigation or matter within an
FTC antitrust unit or relating to the antitrust laws or
unfair methods of competition under section 5 of the
Federal Trade Commission Act;
(C) without the approval of the Attorney General,
enter into a consent decree, enter into a settlement
agreement, or otherwise resolve an FTC antitrust
action; or
(D) initiate a new FTC antitrust action.
(2) Enforcement on behalf of the attorney general.--
Notwithstanding paragraph (1), during the transition period,
the Attorney General may deputize an FTC antitrust employee to
investigate or prosecute an alleged violation of the antitrust
laws on behalf of the Attorney General before the completion of
the transfer of personnel under subsection (a).
(3) Same rights and obligations.--
(A) In general.--Notwithstanding any other
provision of law, during the transition period all
Department of Justice employees under the supervision
of the Attorney General shall have the same rights and
obligations with respect to confidential information
submitted to the FTC as FTC antitrust employees on the
day before the effective date.
(B) Rule of construction.--Nothing in this
paragraph may be construed as implying any change to
the rights and obligations described in subparagraph
(A) as a result of this Act.
(c) Agreements.--The Attorney General, in consultation with the
Chairman of the FTC, shall--
(1) review any agreements between the FTC and any other
Federal agency or any foreign law enforcement agency; and
(2) before the end of the transition period, seek to amend,
transfer, or rescind such agreements as necessary and
appropriate to carry out this Act, endeavoring to complete such
amendment, transfer, or rescindment with all due haste.
(d) Rules.--The Attorney General shall, pursuant to section 7A of
the Clayton Act (15 U.S.C. 18a) and in accordance with section 553 of
title 5, United States Code, prescribe or amend any rules as necessary
to carry out the Clayton Act.
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Requirements To Consult With or Seek the Concurrence.--For any
provision of law requiring an executive branch agency or independent
agency to consult with or seek the concurrence of the FTC or the
Chairman of the FTC, where such requirement relates to the antitrust
laws or unfair methods of competition under section 5 of the Federal
Trade Commission Act (15 U.S.C. 45), as in effect on the day before the
effective date, that requirement shall be transferred from the FTC or
the Chairman of the FTC to the Attorney General.
(b) Premerger Notification Filings.--
(1) FTC premerger notification filings.--For any provision
of law requiring notification to the FTC, where such
requirement relates to the antitrust laws or unfair methods of
competition under section 5 of the Federal Trade Commission Act
(15 U.S.C. 45), as in effect on the day before the effective
date, that requirement for notification to the FTC shall be
waived.
(2) Department of justice premerger notification filings.--
Nothing in paragraph (b) may be construed as implying any
change to the requirement for any required notification to the
Attorney General.
(c) Existing Litigation or Appeals.--Notwithstanding any other
provision of law, the Attorney General shall not deny resources to the
FTC or otherwise disrupt existing litigation or appeals that are
ongoing on the day before the effective date.
(d) Future Actions of Attorney General.--Notwithstanding any other
provision of law, nothing in this Act may be construed to limit the
powers of the Attorney General to enforce the antitrust laws.
(e) Future Actions of the FTC.--Notwithstanding any other provision
of law, the FTC shall not open new investigations or begin enforcement
actions that relates to the antitrust laws or unfair methods of
competition under section 5 of the Federal Trade Commission Act (15
U.S.C. 45), except as explicitly allowed in this Act with the approval
of the Attorney General and relating to an investigation, litigation,
appeal, or consent decree that was ongoing or in place on the day
before the effective date.
SEC. 6. EFFECTIVE DATE.
Except as provided otherwise, this Act shall take effect on the
start of the first fiscal year that is at least 90 days after the date
of enactment of this Act.
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