[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3843 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3843

   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. 
Nadler, and Mr. Roy) introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committee on 
Energy 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

_______________________________________________________________________

                                 A BILL


 
   To promote antitrust enforcement and protect competition through 
 adjusting premerger filing fees, and increasing antitrust enforcement 
                               resources.

    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 ``Merger Filing Fee Modernization Act 
of 2021''.

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 inserting 
                        ``$100,000'';
                            (ii) by striking ``$100,000,000'' and 
                        inserting ``$161,500,000'';
                            (iii) by striking ``but less'' and 
                        inserting ``but is less''; and
                            (iv) by striking ``and'' at the end;
                    (C) in paragraph (3)--
                            (i) by striking ``$280,000'' and inserting 
                        ``$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 published);''; 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 September 30, 2022, 
the filing fees in this section shall be increased each year 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, 2021.
    ``(2) As soon as practicable, but not later than January 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 increase 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. 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 Commission.
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