Section 1 Short title
This Act may be cited as the “One Agency Act”.
One Agency Act
A BILL
To transfer antitrust enforcement from the Federal Trade Commission to the Attorney General, and for other purposes.
Sec. 2 Findings
Congress finds the following:
It is the policy of the United States to promote the vigorous, effective, and efficient enforcement of the antitrust laws.
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.
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:
Antitrust laws— The term “antitrust laws” means—
the Sherman Act (15 U.S.C. 1 et seq.); and
the Clayton Act (15 U.S.C. 12 et seq.).
Effective date— The term “effective date” means the date described in section 6.
FTC— The term “FTC” means the Federal Trade Commission.
FTC antitrust action— The term “FTC antitrust action” means any investigation, litigation, administrative proceeding, or other action at the FTC that—
is supervised by an FTC antitrust unit; or
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.
FTC antitrust assets— The term “FTC antitrust assets”—
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
does not include any office space or leased facilities or equipment.
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.
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.
FTC antitrust unit— The term “FTC antitrust unit” means—
the Bureau of Competition of the FTC; and
each division of the Bureau of Economics of the FTC that is designated to work on FTC antitrust actions.
Transition period— The term “transition period” means the period beginning on the effective date and ending on the later of—
the date that is 1 year after the effective date; or
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
Transfer of actions—
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—
the date determined by the Attorney General under paragraph (2)(B); or
the end of the transition period.
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—
take all necessary actions to complete implementation of this Act before the end of the transition period; and
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.
Personnel—
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.
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.
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.
Antitrust actions—
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.
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—
continued as the Attorney General determines is appropriate; and
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).
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—
continued as the Attorney General determines is appropriate; and
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).
Consent decrees—
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.
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.
Authority to conduct investigative studies—
Reports of persons, partnerships, and corporations—
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.
Oath— Reports and answers required under clause (i) shall—
be made under oath or otherwise as the Attorney General may prescribe;
pertain solely to competition or the application of the antitrust laws; and
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.
Publication of information or reports—
In general— Except as provided in clause (ii), the Attorney General—
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;
may make annual and special reports to Congress that include recommendations for additional legislation; and
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.
Prohibition against publication of privileged or confidential information—
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.
Exception— The Attorney General may disclose information described in subclause (I) to—
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
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)).
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.
Transition period—
In general— Except as provided in paragraph (2), beginning on the effective date, the FTC may not—
hire or assign an employee to an FTC antitrust unit;
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;
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
initiate a new FTC antitrust action.
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).
Same rights and obligations—
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.
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.
Agreements— The Attorney General, in consultation with the Chairman of the FTC, shall—
review any agreements between the FTC and any other Federal agency or any foreign law enforcement agency; and
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.
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
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.
Premerger notification filings—
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.
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.
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.
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.
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.