SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Merger Filing Fee Modernization Act of 2022’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—MODERNIZING MERGER FILING FEE COLLECTIONS; 
ACCOUNTABILITY REQUIREMENTS; LIMITATION ON FUNDING 
Sec. 101. Modification of premerger notification filing fees. 
Sec. 102. Reporting requirements for merger fee collections. 
TITLE II—DISCLOSURE OF SUBSIDIES BY FOREIGN 
ADVERSARIES 
Sec. 201. Findings and purpose. 
Sec. 202. Mergers involving foreign government subsidies. 
TITLE III—VENUE FOR STATE ANTITRUST ENFORCEMENT 
Sec. 301. Venue for State Antitrust Enforcement. 
TITLE I—MODERNIZING MERG-
ER 
FILING 
FEE 
COLLEC-
TIONS; ACCOUNTABILITY RE-
QUIREMENTS; 
LIMITATION 
ON FUNDING 
SEC. 101. MODIFICATION OF 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 insert-
ing ‘‘$30,000’’;
(ii) by striking ‘‘$100,000,000’’ and 
inserting ‘‘$161,500,000’’; 
(iii) by striking ‘‘2004’’ and inserting 
‘‘2023’’; and 
(iv) by striking ‘‘2003’’ and inserting 
‘‘2022’’; 
(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 
(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 
determined 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 
determined 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 
determined 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: 
‘‘(c)(1) For each fiscal year commencing after Sep-
tember 30, 2023, the filing fees in this section shall be 
increased by an amount equal to the percentage increase, 
if any, in the Consumer Price Index, as determined by 
the Department of Labor or its successor, for the year 
then ended over the level so established for the year ending 
September 30, 2022. 
‘‘(2) As soon as practicable, but not later than Janu-
ary 31 of each year, the Federal Trade Commission shall 
publish the adjusted amounts required by paragraph (1).
‘‘(3) The Federal Trade Commission shall not adjust 
amounts required by paragraph (1) if the percentage in-
crease described in paragraph (1) is less than 1 percent. 
‘‘(4) An amount adjusted under this section shall be 
rounded to the nearest multiple of $5,000.’’. 
SEC. 102. REPORTING REQUIREMENTS FOR MERGER FEE 
COLLECTIONS. 
(a) FTC AND DOJ JOINT REPORT.—For each of fis-
cal years 2023 through 2027, the Federal Trade Commis-
sion and Department of Justice shall jointly and annually 
report to the Congress on the operation of section 7A of 
the Clayton Act (15 U.S.C. 18a) and shall include in such 
report the following: 
(1) The amount of funds made available to the 
Federal Trade Commission and the Department of 
Justice, respectively, from the premerger notification 
filing fees under this section, as adjusted by the 
Merger Filing Fee Modernization Act of 2022, as 
compared to the funds made available to the Federal 
Trade Commission and the Department of Justice, 
respectively, from premerger notification filing fees 
as the fees were determined in fiscal year 2022. 
(2) The total revenue derived from premerger 
notification filing fees, by tier, by the Federal Trade
Commission and the Department of Justice, respec-
tively. 
(3) The gross cost of operations of the Federal 
Trade Commission, by Budget Activity, and the 
Antitrust Division of the Department of Justice, re-
spectively. 
(b) FTC REPORT.—The Federal Trade Commission 
shall include in the report required under subsection (a), 
in addition to the requirements under subsection (a), for 
the previous fiscal year— 
(1) for actions with respect to which the record 
of the vote of each member of the Federal Trade 
Commission is on the public record of the Federal 
Trade Commission, a list of each action with respect 
to which the Federal Trade Commission took or de-
clined to take action on a 3 to 2 vote; and 
(2) for all actions for which the Federal Trade 
Commission took a vote, the percentage of such ac-
tions that were decided on a 3 to 2 vote. 
(c) SUMMARY.—The Federal Trade Commission and 
the Department of Justice shall make the report required 
under subsection (a) available to the Committees on the 
Judiciary of the House of Representatives and of the Sen-
ate, and shall, for fiscal years 2023 through 2027, no later 
than July 1, present a summary of the joint annual report
for the preceding fiscal year, including the information re-
quired in subsections (a) and (b) of this section, to the 
Committees on the Judiciary of the House of Representa-
tives and of the Senate. 
TITLE II—DISCLOSURE OF SUB-
SIDIES BY FOREIGN ADVER-
SARIES 
SEC. 201. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) Foreign subsidies, which can take the form 
of direct subsidies, grants, loans (including below- 
market loans), loan guarantees, tax concessions, 
preferential government procurement policies, or 
government ownership or control, can distort the 
competitive process by enabling the subsidized firm 
to submit a bid higher than other firms in the mar-
ket, or otherwise change the incentives of the firm 
in ways that undermine competition following an ac-
quisition. 
(2) Foreign subsidies are particularly problem-
atic when granted by countries or entities that con-
stitute a strategic or economic threat to United 
States interests. 
(3) The Made in China 2025 plan, states that 
the Chinese Communist Party will ‘‘support enter-