119-hr384

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 384 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 384

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

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 14, 2025

Mr. Cline (for himself, Mr. Fitzgerald, and Ms. Hageman) 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) that 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) .
            (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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