[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 489 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 489
To require public notice of and a period of public comment on any
guideline proposed by the Department of Justice or the Federal Trade
Commission with respect to the interpretation or implementation of the
antitrust laws or to any policy relating to the enforcement of the
antitrust laws.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 20, 1993
Mr. Fish introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To require public notice of and a period of public comment on any
guideline proposed by the Department of Justice or the Federal Trade
Commission with respect to the interpretation or implementation of the
antitrust laws or to any policy relating to the enforcement of the
antitrust laws.
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 ``Antitrust Procedural Fairness Act of
1993''.
SEC. 2. NOTICE OF AND PERIOD FOR COMMENT ON ANTITRUST GUIDELINES.
(a) Notice of Proposed Antitrust Guidelines.--General notice of the
proposed issuance of any antitrust guideline shall be published in the
Federal Register, unless the persons subject thereto are named and
either personally served or otherwise have actual notice thereof in
accordance with law. Such notice shall include--
(1) a statement of the time, place, and nature of public
proceedings applicable to the issuance of an antitrust
guideline,
(2) reference to the legal authority under which such
guideline is proposed, and
(3) either the terms or substance of the proposed antitrust
guideline or a description of the subjects and issues involved.
(b) Exceptions.--Subsection (a) shall not apply--
(1) to any antitrust guideline relating only to agency
organization or personnel,
(2) to any antitrust guideline when the agency for good
cause--
(A) finds that notice and public procedure with
respect to such guidelines are impracticable,
unnecessary, or contrary to the public interest, and
(B) publishes, at the time of publication of the
adopted antitrust guideline, such finding and a brief
statement of the reasons therefor, or
(3) to any antitrust guideline issued after a hearing
required by statute.
(c) Period for Public Comment.--An agency shall provide a public
comment period of not less than sixty days after notice of the proposed
issuance of an antitrust guideline with respect to which subsection (a)
applies.
(d) Procedure for Public Comment.--During the public comment period
required by subsection (c), any interested person may submit written
data, views, or arguments. The agency may provide an opportunity for
oral presentations concerning the proposed antitrust guideline.
SEC. 3. ISSUANCE OF ANTITRUST GUIDELINE.
(a) Basis for Adoption of Antitrust Guideline.--After consideration
of the relevant matter submitted or presented with respect to a
proposed antitrust guideline, the agency shall incorporate in the
antitrust guideline adopted a concise general statement of basis and
purpose of such guideline.
(b) Effective Date of Antitrust Guideline.--The required
publication or service of an antitrust guideline shall be made not less
than sixty days before its effective date, except as otherwise provided
by the agency for good cause (as described in subsection (b)(2)(A))
found and published with the guideline.
SEC. 4. MAINTENANCE OF FILES REGARDING ISSUANCE OF ANTITRUST
GUIDELINES.
(a) File of Proceeding Regarding Issuance of Antitrust Guideline.--
Beginning not later than the date on which the agency provides notice
of the proposed issuance of an antitrust guideline, the agency shall
maintain a file of each proceeding relating to the issuance of such
guideline, conducted in accordance with this Act. Except as provided in
subsection (b), such file shall include--
(1) the notice of the proposed issuance of such guideline
and any supplemental notice concerning such issuance,
(2) copies of, or identification of, all studies and
documentary material upon which the agency substantially relied
in formulating the proposed or final guideline,
(3) copies of all written comments on the proposed
guideline, or area of inquiry, which were submitted pursuant to
any agency notice of the proposed issuance of such guideline
published in the Federal Register,
(4) all material which the agency by statute is required to
make public in connection with the issuance of such guideline
or which the agency wishes to make part of the record, and
(5) the statements required of the agency in formulating
the guideline.
(b) Exclusion of Certain Matters.--Subsection (a) shall not apply
with respect to any matter which is exempt under section 552(b) of
title 5, United States Code, from disclosure under section 552(a) of
such title.
SEC. 5. AMENDMENTS TO ANTITRUST GUIDELINES.
For purposes of this Act, any amendment made, or proposed to be
made, by the agency to an existing antitrust guideline shall be deemed
to be an antitrust guideline, or a proposed antitrust guideline,
respectively.
SEC. 6. DEFINITIONS.
For purposes of this Act--
(1) the term ``agency'' means the Department of Justice or
the Federal Trade Commission,
(2) the term ``antitrust guideline'' means an agency
statement of general applicability designed--
(A) to implement or interpret any of the antitrust
laws, or
(B) to implement, interpret, or prescribe any
policy relating to the enforcement of any of the
antitrust laws,
(3) the term ``antitrust laws'' has the meaning given it in
subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)), 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 relates to unfair methods of competition, and
(4) the term ``person'' has the meaning given it in section
551(a) of title 5, United States Code.
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