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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7737 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 7737

To transfer antitrust enforcement from the Federal Trade Commission to 
             the Attorney General, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2024

 Mr. Cline (for himself, Mr. Fitzgerald, and Mr. Armstrong) 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) 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 
                        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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