,i #aaith ,,congress #ast ,session ,h4 ,r4 #chd ,,in ,,the ,,house ,,of ,,representatives ,january #ad1 #bjbe,mr4 ,cline 7for himself1 ,mr4 ,fitzgerald1 and ,ms4 ,hageman7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to transfer antitrust enforcement from the ,federal ,trade ,commission to the ,attorney ,general1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,one ,agency ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,it is the policy of the ,united ,states to promote the vigorous1 effective1 and efficient enforcement of the antitrust laws4 7#b7 ,the overlapping antitrust enforcement jurisdiction of the ,department of ,justice and the ,federal ,trade ,commission has wasted taxpayer resources1 hampered enforcement efforts1 and caused uncertainty for businesses and consumers in the ,united ,states4 7#c7 ,it is preferable that primary ,federal responsibility for enforcing the antitrust laws of the ,united ,states be given to a single entity1 and the ,department of ,justice is best suited to do so4 #c4 ,definitions ,in this ,act3 7#a7 ,antitrust laws ,the term antitrust laws means-- 7,a7 the ,sherman ,act 7#ae ,u4,s4,c4 #a et seq472 and 7,b7 the ,clayton ,act 7#ae ,u4,s4,c4 #ab et seq474 7#b7 ,effective date ,the term effective date means the date described in section #f4 7#c7 ,,ftc ,the term ,,ftc means the ,federal ,trade ,commission4 7#d7 ,,ftc antitrust action ,the term ,,ftc antitrust action means any investigation1 litigation1 administrative proceeding1 or other action at the ,,ftc that-- 7,a7 is supervised by an ,,ftc antitrust unit2 or 7,b7 relates to the antitrust laws or unfair methods of competition under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date4 7#e7 ,,ftc antitrust assets ,the term ,,ftc antitrust assets-- 7,a7 means all electronic or tangible records and files relating to matters supervised1 as well as any physical assets or equipment owned and used or retained1 by an ,,ftc antitrust unit2 and 7,b7 does not include any office space or leased facilities or equipment4 7#f7 ,,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 unit4 7#g7 ,,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 designated1 by ,congress or the ,,ftc for an ,,ftc antitrust unit4 7#h7 ,,ftc antitrust unit ,the term ,,ftc antitrust unit means-- 7,a7 the ,bureau of ,competition of the ,,ftc2 and 7,b7 each division of the ,bureau of ,economics of the ,,ftc that is designated to work on ,,ftc antitrust actions4 7#i7 ,transition period ,the term transition period means the period beginning on the effective date and ending on the later of-- 7,a7 the date that is #a year after the effective date2 or 7,b7 the date that is #ahj days after the date described in subparagraph 7,a71 which may be extended by the ,attorney ,general once for an additional #ahj days1 if the ,attorney ,general determines that a period longer than the period described in subparagraph 7,a7 is necessary to avoid harm to the interests of the ,united ,states or the effective enforcement of the antitrust laws4 #d4 ,transfer of antitrust enforcement functions from the ,,ftc to the ,attorney ,general 7a7 ,transfer of actions 7#a7 ,in general ,there shall be transferred to the ,attorney ,general all ,,ftc antitrust actions1 ,,ftc antitrust employees1 ,,ftc antitrust assets1 and ,,ftc antitrust funding on the earlier of-- 7,a7 the date determined by the ,attorney ,general under paragraph 7#b77;,b72 or 7,b7 the end of the transition period4 7#b7 ,requirement ,the ,attorney ,general1 taking care to minimize disruption to ongoing enforcement matters and in consultation as necessary with the ,office of ,personnel ,management1 the ,general ,services ,administration1 and the ,chairman of the ,,ftc1 shall-- 7,a7 take all necessary actions to complete implementation of this ,act before the end of the transition period2 and 7,b7 determine the dates certain1 which may not be earlier than the effective date or later than the end of the transition period1 on which the transfers under paragraph 7#a7 shall occur4 7#c7 ,personnel 7,a7 ,assignment ,an ,,ftc antitrust employee transferred to the ,attorney ,general under this ,act shall be assigned to the ,antitrust ,division of the ,department of ,justice4 7,b7 ,office space ,on the request of the ,attorney ,general1 and in consultation as necessary with the ,general ,services ,administration1 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 facilities4 ,after the transfer of ,,ftc antitrust funding to the ,attorney ,general1 the ,attorney ,general shall compensate the ,,ftc for the costs of the use of such office space or leased facilities4 7,c7 ,restructuring ,notwithstanding any other provision of law1 the ,attorney ,general is authorized to restructure the ,antitrust ,division of the ,department of ,justice before the expiration of the transition period1 as the ,attorney ,general determines is appropriate1 to carry out the purposes of this ,act and accomplish the efficient enforcement of the antitrust laws4 7#d7 ,antitrust actions 7,a7 ,in general ,as soon as is reasonably practicable during the transition period1 all open investigations1 studies1 litigations1 matters1 or other proceedings being supervised by an ,,ftc antitrust unit and relating to the antitrust laws or unfair methods of competition under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date1 shall be transferred to and assumed by the ,attorney ,general4 7,b7 ,handling of administrative actions ,,ftc antitrust actions that were initiated by the ,,ftc and were unresolved as of the first day of the transition period1 shall be-- 7i7 continued as the ,attorney ,general determines is appropriate2 and 7ii7 the ,,ftc shall have the power to deputize former ,,ftc antitrust employees1 with the consent of the ,attorney ,general1 to continue any ,,ftc antitrust actions as described in clause 7i74 7,c7 ,intervention ,any ,,ftc antitrust actions before a court of the ,united ,states as of the first day of the transition period1 that were initiated by the ,,ftc and were unresolved as of the first day of the transition period1 shall be-- 7i7 continued as the ,attorney ,general determines is appropriate2 and 7ii7 that the ,,ftc shall have the power to deputize former ,,ftc antitrust employees1 with the consent of the ,attorney ,general1 to continue any ,,ftc antitrust actions as described in clause 7i74 7,d7 ,consent decrees 7i7 ,in general ,at the end of the transition period1 the ,attorney ,general shall have sole authority to receive all reports as required under1 enforce violations of1 approve modifications to1 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 #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date4 7ii7 ,administrative enforcement ,if deemed necessary by the ,,ftc and the ,attorney ,general1 the ,,ftc shall have the power to deputize former ,,ftc antitrust employees1 with the consent of the ,attorney ,general1 to enforce and negotiate modifications of ,,ftc consent decrees in effect on the day before the effective date in the ,,ftc's administrative process4 7#e7 ,authority to conduct investigative studies 7,a7 ,reports of persons1 partnerships1 and corporations 7i7 ,in general ,the ,attorney ,general may require1 by general or special orders1 persons1 partnerships1 and corporations1 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 questions1 furnishing to the ,attorney ,general such information as the ,attorney ,general may require as to the organization1 business1 conduct1 practices1 management1 and relation to other corporations1 partnerships1 and individuals of the respective persons1 partnerships1 and corporations filing such reports or answers in writing4 7ii7 ,oath ,reports and answers required under clause 7i7 shall-- 7,i7 be made under oath or otherwise as the ,attorney ,general may prescribe2 7,,ii7 pertain solely to competition or the application of the antitrust laws2 and 7,,iii7 be filed with the ,attorney ,general within such reasonable period as the ,attorney ,general may prescribe1 unless additional time be granted in any case by the ,attorney ,general4 7,b7 ,publication of information or reports 7i7 ,in general ,except as provided in clause 7ii71 the ,attorney ,general-- 7,i7 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 interest2 7,,ii7 may make annual and special reports to ,congress that include recommendations for additional legislation2 and 7,,iii7 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 use4 7ii7 ,prohibition against publication of privileged or confidential information 7,i7 ,in general ,except as provided in subclause 7,,ii71 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 confidential4 7,,ii7 ,exception ,the ,attorney ,general may disclose information described in subclause 7,i7 to-- 7aa7 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 purposes2 or 7bb7 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 #ba7;b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;b-#b7;b774 7#f7 ,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 ,justice1 except to the extent the ,,ftc deputizes former ,,ftc antitrust employees1 with the consent of the ,attorney ,general1 to continue any ,,ftc antitrust actions that are ongoing and unresolved before the effective date4 7b7 ,transition period 7#a7 ,in general ,except as provided in paragraph 7#b71 beginning on the effective date1 the ,,ftc may not-- 7,a7 hire or assign an employee to an ,,ftc antitrust unit2 7,b7 open a new investigation or matter within an ,,ftc antitrust unit or relating to the antitrust laws or unfair methods of competition under section #e of the ,federal ,trade ,commission ,act2 7,c7 without the approval of the ,attorney ,general1 enter into a consent decree1 enter into a settlement agreement1 or otherwise resolve an ,,ftc antitrust action2 or 7,d7 initiate a new ,,ftc antitrust action4 7#b7 ,enforcement on behalf of the ,attorney ,general ,notwithstanding paragraph 7#a71 during the transition period1 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 7a74 7#c7 ,same rights and obligations 7,a7 ,in general ,notwithstanding any other provision of law1 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 date4 7,b7 ,rule of construction ,nothing in this paragraph may be construed as implying any change to the rights and obligations described in subparagraph 7,a7 as a result of this ,act4 7c7 ,agreements ,the ,attorney ,general1 in consultation with the ,chairman of the ,,ftc1 shall-- 7#a7 review any agreements between the ,,ftc and any other ,federal agency or any foreign law enforcement agency2 and 7#b7 before the end of the transition period1 seek to amend1 transfer1 or rescind such agreements as necessary and appropriate to carry out this ,act1 endeavoring to complete such amendment1 transfer1 or rescindment with all due haste4 7d7 ,rules ,the ,attorney ,general shall1 pursuant to section #g;,a of the ,clayton ,act 7#ae ,u4,s4,c4 #ah;a7 and in accordance with section #eec of title #e1 ,united ,states ,code1 prescribe or amend any rules as necessary to carry out the ,clayton ,act4 #e4 ,technical and conforming amendments 7a7 ,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 ,,ftc1 where such requirement relates to the antitrust laws or unfair methods of competition under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date1 that requirement shall be transferred from the ,,ftc or the ,chairman of the ,,ftc to the ,attorney ,general4 7b7 ,premerger notification filings 7#a7 ,,ftc premerger notification filings ,for any provision of law requiring notification to the ,,ftc1 where such requirement relates to the antitrust laws or unfair methods of competition under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date1 that requirement for notification to the ,,ftc shall be waived4 7#b7 ,department of ,justice premerger notification filings ,nothing in paragraph 7b7 may be construed as implying any change to the requirement for any required notification to the ,attorney ,general4 7c7 ,existing litigation or appeals ,notwithstanding any other provision of law1 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 date4 7d7 ,future actions of ,attorney ,general ,notwithstanding any other provision of law1 nothing in this ,act may be construed to limit the powers of the ,attorney ,general to enforce the antitrust laws4 7e7 ,future actions of the ,,ftc ,notwithstanding any other provision of law1 the ,,ftc shall not open new investigations or begin enforcement actions that relates to the antitrust laws or unfair methods of competition under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 except as explicitly allowed in this ,act with the approval of the ,attorney ,general and relating to an investigation1 litigation1 appeal1 or consent decree that was ongoing or in place on the day before the effective date4 #f4 ,effective date ,except as provided otherwise1 this ,act shall take effect on the start of the first fiscal year that is at least #ij days after the date of enactment of this ,act4