S1059-119

1. Short title This Act may be cited as the One Agency Act.

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.

3. Definitions In this Act: 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.). The term effective date means the date described in section 7. The term FTC means the Federal Trade Commission. The term FTC antitrust action means any investigation, litigation, administrative proceeding, or other action of 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. 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. 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. 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. 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. 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.

4. Transfer of antitrust enforcement functions from the FTC to the Department of Justice 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. 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 nor later than the end of the transition period, on which the transfers under paragraph (1) shall occur. An FTC antitrust employee transferred to the Department of Justice under this Act shall be assigned to the Antitrust Division of the Department of Justice. On the request of the Attorney General, and in consultation as necessary with the General Services Administration, the FTC shall allow the Department of Justice to use any office space or leased facilities previously used by FTC antitrust employees until such time as the Department of Justice may provide office space or facilities. After the transfer of FTC antitrust funding to the Department of Justice, the Department of Justice shall compensate the FTC for the costs of the use of such office space or leased facilities. 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. 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 Department of Justice. Any FTC antitrust action that was initiated by the FTC and was unresolved as of the first day of the transition period shall be continued as the Attorney General determines is appropriate. The FTC shall have the power to deputize former FTC antitrust employees, with the consent of the Attorney General, to continue such FTC antitrust actions. Any FTC antitrust action before a court of the United States that was initiated by the FTC and was unresolved as of the first day of the transition period, shall be continued as the Attorney General determines is appropriate. The FTC shall have the power to deputize former FTC antitrust employees, with the consent of the Attorney General, to continue such FTC antitrust actions. 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. If determined 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 administrative process of the FTC. 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. 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. 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. 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. 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 upon 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)). 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. 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. 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 Department of Justice before the completion of the transfer of personnel under subsection (a). 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. 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. 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. 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.

5. Transfer of functions Any requirement that an agency of the executive branch or an independent agency 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, shall be deemed transferred from the FTC or the Chairman of the FTC to the Department of Justice or the Attorney General. With respect to any requirement that an agency or entity provide 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 notification shall be submitted to the Attorney General. Nothing in paragraph (1) may be construed as implying any change to the requirement for any required notification to the Attorney General. 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. 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. Notwithstanding any other provision of law, the FTC shall not open a new investigation or begin an enforcement action 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 under 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.

6. Technical and conforming amendments The Clayton Act (15 U.S.C. 12 et seq.) is amended— in section 2 (15 U.S.C. 13)— in subsection (a), by striking Federal Trade Commission and inserting Attorney General of the United States; and in subsection (b), by striking Commission and inserting Attorney General of the United States; in section 5(a) (15 U.S.C. 16(a)), in the second sentence, by striking , except that, in any action or proceeding brought under the antitrust laws, collateral estoppel effect shall not be given to any finding made by the Federal Trade Commission under the antitrust laws or under section 5 of the Federal Trade Commission Act which could give rise to a claim for relief under the antitrust laws; in section 7 (15 U.S.C. 18)— in the first undesignated paragraph, by striking and no person subject to the jurisdiction of the Federal Trade Commission shall acquire the whole or any part of the assets of another person engaged also in commerce or in any activity affecting commerce; and in the second undesignated paragraph, by striking and no person subject to the jurisdiction of the Federal Trade Commission shall acquire the whole or any part of the assets of one or more persons engaged in commerce or in any activity affecting commerce; in section 7A (15 U.S.C. 18a)— in subsection (b)— in paragraph (1)(A), in the matter preceding clause (i), by striking the Federal Trade Commission and; and in paragraph (2), by striking Federal Trade Commission and the; in subsection (c)— in paragraph (6), by striking the Federal Trade Commission and; and in paragraph (8), by striking the Federal Trade Commission and; in subsection (d)— in the matter preceding paragraph (1), by striking Federal Trade Commission, with the concurrence of the Attorney General and and inserting Attorney General of the United States; and in paragraph (1), by striking the Federal Trade Commission and; in subsection (e)— in paragraph (1)— in subparagraph (A), by striking Federal Trade Commission or the; and in subparagraph (B), by striking and the Federal Trade Commission shall each and inserting shall; and in paragraph (2)— by striking Federal Trade Commission or the; by striking its or’; by striking the Federal Trade Commission or each place the term appears; and by striking , as the case may be,; in subsection (f)— by striking the Federal Trade Commission, alleging that a proposed acquisition violates section 7 of this Act or section 5 of the Federal Trade Commission Act, or an action is filed by; and by striking the Federal Trade Commission or; in subsection (g)(2), in the matter following subparagraph (C), by striking the Federal Trade Commission or; in subsection (h), by striking or the Federal Trade Commission; and in subsection (i)— in paragraph (1), by striking the Federal Trade Commission or each place the term appears; and in paragraph (2)— by striking or the Federal Trade Commission; and by striking , the Federal Trade Commission Act,; and in section 8(a)(5) (15 U.S.C. 19(a)(5)), in the second sentence, by striking Federal Trade Commission and inserting Attorney General of the United States. Section 3(1) of the Charitable Gift Annuity Antitrust Relief Act of 1995 (15 U.S.C. 37a(1)) is amended by striking , except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition. Section 207(b)(1)(A)(i) of the Pension Funding Equity Act of 2004 (15 U.S.C. 37b(b)(1)(A)(i)) is amended by striking , except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition. The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended— in section 5 (15 U.S.C. 45)— in subsection (a)— in paragraph (1), by striking methods of competition in or affecting commerce, and unfair; by striking paragraph (3); and by redesignating paragraph (4) as paragraph (3); in subsection (b)— in the first sentence, by striking unfair method of competition or; and in the fifth sentence— by striking the method of competition or; and by striking method of competition or such; in subsection (c)— in the first sentence— by striking method of competition or; and by striking method of competition or the; and in the third sentence, by striking or to competitors; by striking subsection (e); in subsection (g), by striking paragraph (4); and in subsection (n), in the first sentence, by striking or to competition; in section 6 (15 U.S.C. 46)— by striking subsections (c) through (e) and (i); by redesignating— subsections (f), (g), and (h) as subsections (c) through (e), respectively; and subsections (j) through (l) as subsections (f) through (h), respectively; in subsection (f)(1), as so redesignated, by striking other than Federal antitrust laws (as defined in section 12(5) of the International Antitrust Enforcement Assistance Act of 1994 (15 U.S.C. 6211(5))),; and in subsection (h)(2), as so redesignated, in the matter preceding subparagraph (A), by striking or competition; by repealing section 7 (15 U.S.C. 47); in section 11 (15 U.S.C. 51), by striking antitrust Acts or the each place the term appears; in section 18 (15 U.S.C. 57a(a)(2)), by striking the second sentence; in section 20 (15 U.S.C. 57b–1)— in subsection (a)— in paragraph (2), by striking or in any antitrust violations; in paragraph (3), by striking or any provisions relating to antitrust violations; in paragraph (7), by striking or any antitrust violation; and by striking paragraph (8); in subsection (c)(1), by striking or to antitrust violations,; and in subsection (j)(1), by striking , any proceeding under section 11(b) of the Clayton Act (15 U.S.C. 21(b)),; in section 21(b)(6) (15 U.S.C. 57b–2(b)(6)), in the matter following subparagraph (D), by striking paragraphs (5) and (7) and inserting paragraphs (4) and (6); and in section 21A (15 U.S.C. 57b–2a)— by striking subsection (f); by redesignating subsection (g) as subsection (f); in subsection (f), as so redesignated, by striking subsection (g) each place the term appears and inserting subsection (f); and in section 24 (15 U.S.C. 57b–5(a)), by striking for any conduct which, because of the provisions of the Act entitled An Act to authorize association of producers of agricultural products, approved February 18, 1922 (7 U.S.C. 291 et seq., commonly known as the Capper-Volstead Act), is not a violation of any of the antitrust Acts or this Act. The Webb-Pomerene Act (15 U.S.C. 61 et seq.) is amended— by repealing section 4 (15 U.S.C. 64); and in section 5— in the first undesignated paragraph— in the first sentence, by striking Federal Trade Commission and inserting Attorney General of the United States; and in the second sentence, by striking commission each place the term appears and inserting Attorney General of the United States; in the second undesignated paragraph— in the first sentence, by striking Federal Trade Commission and inserting Attorney General of the United States; and by striking the third sentence; and by striking the third undesignated paragraph. The Wool Products Labeling Act of 1939 (15 U.S.C. 68 et seq.) is amended— by striking an unfair method of competition, and each place the term appears; and in section 68g(b), by striking an unfair method of competition and. The Fur Products Labeling Act (15 U.S.C. 69 et seq.) is amended by striking an unfair method of competition, and each place the term appears. The Textile Fiber Products Identification Act (15 U.S.C. 70 et seq.) is amended— by striking an unfair method of competition, and each place the term appears; and in section 3 (15 U.S.C. 70a), by striking an unfair method of competition and each place the term appears. Section 4(d) of the Antitrust Civil Process Act (15 U.S.C. 1313(d)) is amended— in paragraph (1), by striking (1) Whoever and inserting Whoever; and by striking paragraph (2). The International Antitrust Enforcement Assistance Act of 1994 (15 U.S.C. 6201 et seq.) is amended— in section 2 (15 U.S.C. 6201), in the matter preceding paragraph (1), by striking and the Federal Trade Commission; in section 3(b) (15 U.S.C. 6202(b)), by striking and the Commission may, using their respective authority to investigate possible violations of the Federal antitrust laws, and inserting may; in section 5(1) (15 U.S.C. 6204(1)), by striking or the Commission each place the term appears; in section 6 (15 U.S.C. 6205)— by striking or the Commission; and by striking 6(f) and inserting 6(c); in section 7 (15 U.S.C. 6206)— by striking , with the concurrence of the Commission, each place the term appears; and in subsection (c)(2)(B), by striking and the Commission; in section 8 (15 U.S.C. 6207)— by striking Neither the Attorney General nor the Commission may each place the term appears and inserting The Attorney General may not; in subsection (a), by striking or the Commission, as the case may be,; in subsection (b), by striking or the Commission; and in subsection (c)— by striking or the Commission; and by striking or the Commission, as the case may be,; in section 10 (15 U.S.C. 6209)— in subsection (a)— by striking , the Commission,; and by striking (a) In General.—The and inserting The; and by striking subsection (b); in section 12 (15 U.S.C. 6211)— in paragraph (2)— in the matter preceding subparagraph (A)— by striking and the Commission jointly determine and inserting determines; by striking jointly; and by striking and the Commission; in subparagraph (A)— by striking and the Commission each place the term appears; and by striking provide and inserting provides; in subparagraph (E)(ii), in the matter preceding subclause (I), by striking or the Commission, as the case may be,; in subparagraph (F)— by striking or the Commission; and by striking or the Commission, respectively,; and in subparagraph (H)— in clause (i)— by striking or the Commission; and by striking or the Commission, respectively,; and in clause (ii), by striking or the Commission each place the term appears; by striking paragraph (4); by redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; and in paragraph (4), as so redesignated, by striking but also includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition; and in section 13 (15 U.S.C. 6212)— by striking and the Commission are and inserting is; and by striking or the Commission, respectively,. Subtitle B of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat. 2461) is amended— in the subtitle heading, by striking Federal Trade Commission and inserting Antitrust; in section 1111 (21 U.S.C. 355 note)— by striking paragraph (8); and by redesignating paragraphs (9) through (12) as paragraphs (8) through (11), respectively; in section 1112(c) (21 U.S.C. 355 note), by striking and the Commission each place the term appears; in section 1113 (21 U.S.C. 355 note), by striking and the Commission; in section 1114 (21 U.S.C. 355 note), by striking or the Commission; in section 1115 (21 U.S.C. 355 note)— in subsection (a), by striking , or brought by the Commission in accordance with the procedures established in section 16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)); and in subsection (b), by striking or the Commission; in section 1116 (21 U.S.C. 355 note), in the matter preceding paragraph (1), by striking Commission, with the concurrence of the Attorney General and inserting Attorney General; and in section 1117 (21 U.S.C. 355 note), by striking or the Commission each place the term appears.

7. Effective date Except as provided otherwise, this Act and the amendments made by 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.