II

Calendar No. 761

106TH CONGRESS

2D SESSION S. 1687

[Report No. 106–385]

To amend the Federal Trade Commission Act to authorize appropriations

for the Federal Trade Commission.

IN THE SENATE OF THE UNITED STATES

OCTOBER 5, 1999

Mr. MCCAIN introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

AUGUST 25, 2000

Reported under authority of the order of the Senate of July 26, 2000, by Mr.

MCCAIN, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To amend the Federal Trade Commission Act to authorize

appropriations for the Federal Trade Commission.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Trade Com5 mission Reauthorization Act of 1999 2000’’.
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•S 1687 RS

1 SEC. 2. REAUTHORIZATION.

2 Section 25 of the Federal Trade Commission Act (15

3 U.S.C. 57c) is amended—

4 (1) by striking ‘‘and not to exceed’’ and insert5 ing ‘‘not to exceed’’; and

6 (2) by striking ‘‘1998.’’ and inserting the fol7 lowing: ‘‘1998; not to exceed $149,000,000

8 $164,600,000 for fiscal year 2001; and not to exceed

9 $156,000,000 $177,460,000 for fiscal year 2002.’’.

10 SEC. 3. INFORMATION AND DOCUMENTARY REQUESTS.

11 (a) IN GENERAL.—The Attorney General and the Fed12 eral Trade Commission shall each designate a senior official

13 not directly having supervisory responsibility for the review

14 of any enforcement recommendation under section 7A(e)(1)

15 of the Clayton Act (15 U.S.C. 18a(e)) concerning the trans16 action at issue to hear any petition filed by the acquiring

17 person or the person whose voting securities or assets are

18 to be acquired, to determine—

19 (1) whether the request for additional informa20 tion or documentary material is unreasonably cumu21 lative, unduly burdensome or duplicative; or

22 (2) whether the request for additional informa23 tion or documentary material has been substantially

24 complied with by the petitioning person.

25 (b) EXPEDITED REVIEW.—Internal review procedures

26 for petitions filed pursuant to subsection (a) shall include
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•S 1687 RS

1 reasonable deadlines for expedited review of any such peti2 tions filed, after reasonable negotiations with investigative

3 staff, in order to avoid undue delay of the merger review

4 process.

5 (c) INTERNAL REVIEW.—The Attorney General and the

6 Federal Trade Commission shall conduct an internal review

7 and implement reforms of the merger review process in

8 order to eliminate unnecessary burden, remove costly dupli9 cation, and eliminate undue delay, in order to achieve a

10 more effective and more efficient merger review process.

11 (d) Not later than 120 days after the date of enactment

12 of this Act, the Attorney General and the Federal Trade

13 Commission shall issue or amend their respective industry

14 guidance, regulations, operating manuals and relevant pol15 icy documents, where appropriate, to implement each re16 form in this subparagraph.

17 (e) REPORT.—Not later than 180 days after the date

18 of enactment of this Act, the Attorney General and the Fed19 eral Trade Commission shall each report to Congress—

20 (1) what reforms each agency has adopted under

21 this subparagraph;

22 (2) what steps each has taken to implement such

23 internal reforms; and

24 (3) the effects of those reforms.
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1 SEC. 4. ANNUAL REPORTS.

2 The Attorney General and the Federal Trade Commis3 sion shall include in the report to Congress required by sec4 tion 7A(j) of the Clayton Act (15 U.S.C. 18a(j))—

5 (1) the number of notifications filed under this

6 section 7A of the Clayton Act (15 U.S.C. 18a);

7 (2) the number of notifications filed in which the

8 Assistant Attorney General or Federal Trade Com9 mission requested the submission of additional infor10 mation or documentary material relevant to the pro11 posed acquisition;

12 (3) data relating to the length of time for parties

13 to comply with requests for the submission of addi14 tional information or documentary material relevant

15 to the proposed acquisition;

16 (4) the number of petitions filed pursuant to sec17 tion 3(a) of this Act regarding a request for the sub18 mission of additional information or documentary

19 material relevant to the proposed acquisition and the

20 manner in which such petitions were resolved;

21 (5) data relating to the volume (in number of

22 boxes or pages) of materials submitted pursuant to re23 quests for additional information or documentary

24 material; and

25 (6) the number of notifications filed in which a

26 request for additional information or documentary
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1 materials was made but never complied with prior to

2 resolution of the case.
Calendar No. 761

106TH CONGRESS

2D SESSION S. 1687

[Report No. 106–385]

A BILL

To amend the Federal Trade Commission Act to

authorize appropriations for the Federal TradeCommission.

AUGUST 25, 2000

Reported with amendments