IB 
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. NAD-
LER, and Mr. ROY) introduced the following bill; which was referred to 
the Committee on the Judiciary, and in addition to the Committee on En-
ergy 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. GARCI´A of Illinois, Mr. LEVIN of 
Michigan, Ms. ROSS, Ms. TLAIB, Mr. ESPAILLAT, Mr. CARSON, Ms. POR-
TER, 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] 
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A BILL 
To promote antitrust enforcement and protect competition 
through adjusting premerger filing fees, and increasing 
antitrust enforcement resources. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Merger Filing Fee Mod-
ernization 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 insert-
ing ‘‘$100,000’’; 
(ii) by striking ‘‘$100,000,000’’ and 
inserting ‘‘$161,500,000’’; 
(iii) by striking ‘‘but less’’ and insert-
ing ‘‘but is less’’; and 
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(iv) by striking ‘‘and’’ at the end; 
(C) in paragraph (3)— 
(i) by striking ‘‘$280,000’’ and insert-
ing ‘‘$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 pub-
lished);’’; and 
(D) by adding at the end the following: 
‘‘(4) $400,000 if the aggregate total amount de-
termined 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 de-
termined 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 de-
termined 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: 
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from the funds made available to the Federal Trade 
Commission and the Department of Justice, respec-
tively, 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 De-
partment of Justice, respectively; and 
‘‘(C) the gross cost of operations of the Federal 
Trade Commission and the Department of Justice, re-
spectively, 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 list-
ing of all cases where the Federal Trade Commission took 
or declined to take action on a 3 to 2 vote and what percent-
age of actions of the Federal Trade Commission were de-
cided on a 3 to 2 vote. 
‘‘(7) The Federal Trade Commission and the Depart-
ment 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 Com-
mittee on the Judiciary and the House Committee on the 
Judiciary and shall, for fiscal years 2022 through 2027, 
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no later than July 1, present a summary of the joint annual 
report for the preceding fiscal year, including the informa-
tion required in paragraph (5) and (6) of this Act, to the 
Senate Committee on the Judiciary and the House Com-
mittee 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 Com-
mission shall be available for obligation or expenditure by 
the Federal Trade Commission and the Department of Jus-
tice 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 Commis-
sion. 
Amend the title so as to read: ‘‘A bill to protect 
competition and promote antitrust enforcement by ad-
justing premerger filing fees to increase antitrust en-
forcement resources.’’. 
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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 com-
petition 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; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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