106TH CONGRESS

2D SESSION S. 1687

AN ACT

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 2000’’.
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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 $164,600,000 for fiscal

8 year 2001; and not to exceed $177,460,000 for fiscal

9 year 2002.’’.

10 SEC. 3. INFORMATION AND DOCUMENTARY REQUESTS.

11 (a) IN GENERAL.—The Attorney General and the

12 Federal Trade Commission shall each designate a senior

13 official not directly having supervisory responsibility for

14 the review of any enforcement recommendation under sec15 tion 7A(e)(1) of the Clayton Act (15 U.S.C. 18a(e)) con16 cerning the transaction at issue to hear any petition filed

17 by the acquiring person or the person whose voting securi18 ties or assets are 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 proce26 dures for petitions filed pursuant to subsection (a) shall
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1 include reasonable deadlines for expedited review of any

2 such petitions filed, after reasonable negotiations with in3 vestigative staff, in order to avoid undue delay of the

4 merger review process.

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

6 the Federal Trade Commission shall conduct an internal

7 review and implement reforms of the merger review proc8 ess in order to eliminate unnecessary burden, remove cost9 ly duplication, and eliminate undue delay, in order to

10 achieve a more effective and more efficient merger review

11 process.

12 (d) Not later than 120 days after the date of enact13 ment of this Act, the Attorney General and the Federal

14 Trade Commission shall issue or amend their respective

15 industry guidance, regulations, operating manuals and rel16 evant policy documents, where appropriate, to implement

17 each reform in this subparagraph.

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

19 of enactment of this Act, the Attorney General and the

20 Federal Trade Commission shall each report to

21 Congress—

22 (1) what reforms each agency has adopted

23 under this subparagraph;

24 (2) what steps each has taken to implement

25 such internal reforms; and
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1 (3) the effects of those reforms.

2 SEC. 4. ANNUAL REPORTS.

3 The Attorney General and the Federal Trade Com4 mission shall include in the report to Congress required

5 by section 7A(j) of the Clayton Act (15 U.S.C. 18a(j))—

6 (1) the number of notifications filed under this

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

8 (2) the number of notifications filed in which

9 the Assistant Attorney General or Federal Trade

10 Commission requested the submission of additional

11 information or documentary material relevant to the

12 proposed acquisition;

13 (3) data relating to the length of time for par14 ties to comply with requests for the submission of

15 additional information or documentary material rel16 evant to the proposed acquisition;

17 (4) the number of petitions filed pursuant to

18 section 3(a) of this Act regarding a request for the

19 submission of additional information or documentary

20 material relevant to the proposed acquisition and the

21 manner in which such petitions were resolved;

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

23 boxes or pages) of materials submitted pursuant to

24 requests for additional information or documentary

25 material; and
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1 (6) the number of notifications filed in which a

2 request for additional information or documentary

3 materials was made but never complied with prior to

4 resolution of the case.

Passed the Senate October 10 (legislative day, September 22), 2000.

Attest:

Secretary.

106TH CONGRESS

2D SESSION S. 1687

AN ACT

To amend the Federal Trade Commission Act to

authorize appropriations for the Federal TradeCommission.