101 HR 3843 RH: Merger Filing Fee Modernization Act of 2022
U.S. House of Representatives
2022-09-26
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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Union Calendar No. 375
117th CONGRESS
2d Session
H. R. 3843
[Report No. 117–493, Part I]
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
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. García of Illinois, Mr. Levin of Michigan, Ms. Ross, Ms. Tlaib, Mr. Espaillat, Mr. Carson, Ms. Porter, 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
A BILL
To promote antitrust enforcement and protect competition through adjusting premerger filing fees, and increasing antitrust enforcement resources.
1.

Short title
This Act may be cited as the “Merger Filing Fee Modernization Act of 2022”.
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.
(5)
For each fiscal year commencing after September 30, 2022, through September 30, 2027, the Federal Trade Commission and Department of Justice shall include in its joint annual report pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a) et seq.) the following:
(A)
the increase in funds made available to the Federal Trade Commission and the Department of Justice, respectively, through the adjustment in premerger notification filing fees in 15 U.S.C. 18(a) from 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 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 Department of Justice, respectively; and
(C)
the gross cost of operations of the Federal Trade Commission and the Department of Justice, respectively, 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 listing of all cases where the Federal Trade Commission took or declined to take action on a 3 to 2 vote and what percentage of actions of the Federal Trade Commission were decided on a 3 to 2 vote.
(7)
The Federal Trade Commission and the Department 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 Committee on the Judiciary and the House Committee on the Judiciary and shall, for fiscal years 2022 through 2027, no later than July 1, present a summary of the joint annual report for the preceding fiscal year, including the information required in paragraph (5) and (6) of this Act, to the Senate Committee on the Judiciary and the House Committee 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 Commission shall be available for obligation or expenditure by the Federal Trade Commission and the Department of Justice 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.”.
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.
Amend the title so as to read: “A bill to protect competition and promote antitrust enforcement by adjusting premerger filing fees to increase antitrust enforcement resources.”.
September 26, 2022
Reported from the Committee on the Judiciary with amendments
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