Congressional Record, Senate, December 21, 2022: Page S10007
Summary
Page S10007 of the Senate section of the Congressional Record for December 21, 2022, in interleaved columns. SA 6599 from Mr. Manchin for himself and Mr. Tester, Mr. Padilla, Mr. Brown, Ms. Hassan and Ms. Sinema is an amendment intended to be proposed to H.R. 2617. Its text addresses reporting on premerger notification filing fees collected by the Federal Trade Commission and the Department of Justice and quotes FTC Commissioner Noah Phillips on antitrust and state-owned entities. A separate provision amends section 9674(c)(1) of the American Rescue Plan of 2021 by changing a December 31 date from 2021 to 2022.
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“Congressional Record, Senate, December 21, 2022: Page S10007.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-12-21-crec-2022-12-21-pt1-pgs10007-f1aea8739a/
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December 21, 2022 CONGRESSIONAL RECORD — SENATE S10007
Justice, respectively, from premerger notifi- terests of other nations is when we scruti- SA 6599. Mr. MANCHIN (for himself,
cation filing fees as the fees were determined nize mergers or conduct involving state- Mr. TESTER, Mr. PADILLA, Mr. BROWN,
in fiscal year 2022. owned entities . . . companies that are con- Ms. HASSAN, and Ms. SINEMA) sub-
(2) The total revenue derived from trolled, to varying degrees, by the state . . .
mitted an amendment intended to be
premerger notification filing fees, by tier, by [and] often are a government tool for imple-
the Federal Trade Commission and the De- menting industrial policies or to protect na- proposed by him to the bill H.R. 2617,
partment of Justice, respectively. tional security’’. to amend section 1115 of title 31, United
(3) The gross cost of operations of the Fed- (b) PURPOSE.—The purpose of this section States Code, to amend the description
eral Trade Commission, by Budget Activity, is to require parties providing pre-merger no- of how performance goals are achieved,
and the Antitrust Division of the Depart- tifications to include in the notification re- and for other purposes; which was or-
ment of Justice, respectively. quired under section 7A of the Clayton Act dered to lie on the table; as follows:
(b) FTC REPORT.—The Federal Trade Com- (15 U.S.C. 18a) information concerning sub- At the end, add the following:
mission shall include in the report required sidies they receive from countries or entities
that are strategic or economic threats to the DIVISION KK—REPORTING OF THIRD
under subsection (a), in addition to the re-
United States. PARTY NETWORK TRANSACTIONS
quirements under subsection (a), for the pre-
vious fiscal year— SEC. 202. MERGERS INVOLVING FOREIGN GOV- SEC. 1. DELAY IN MODIFICATION OF EXCEPTIONS
ERNMENT SUBSIDIES. FOR REPORTING OF THIRD PARTY
(1) for actions with respect to which the NETWORK TRANSACTIONS.
record of the vote of each member of the (a) DEFINITION.—In this section, the term
‘‘foreign entity of concern’’ has the meaning Section 9674(c)(1) of the American Rescue
Federal Trade Commission is on the public Plan of 2021 is amended by striking ‘‘Decem-
record of the Federal Trade Commission, a given the term in section 40207 of the Infra-
structure Investment and Jobs Act (42 U.S.C. ber 31, 2021’’ and inserting ‘‘December 31,
list of each action with respect to which the 2023’’.
Federal Trade Commission took or declined 18741(a)).
to take action on a 3 to 2 vote; and (b) ACCOUNTING FOR FOREIGN GOVERNMENT
SUBSIDIES.—A person required to file a noti- SA 6600. Mr. KAINE (for himself and
(2) for all actions for which the Federal Mr. YOUNG) submitted an amendment
Trade Commission took a vote, the percent- fication under section 7A of the Clayton Act
(15 U.S.C. 18a) that received a subsidy from a intended to be proposed to amendment
age of such actions that were decided on a 3
to 2 vote. foreign entity of concern shall include in SA 6552 proposed by Mr. LEAHY to the
(c) SUMMARY.—The Federal Trade Commis- such notification content regarding such bill H.R. 2617, to amend section 1115 of
sion and the Department of Justice shall subsidy. title 31, United States Code, to amend
make the report required under subsection (c) AUTHORITY OF ANTITRUST REGU- the description of how performance
LATORS.—The Federal Trade Commission,
(a) available to the Committees on the Judi- goals are achieved, and for other pur-
with the concurrence of the Assistant Attor-
ciary of the House of Representatives and of poses; which was ordered to lie on the
ney General in charge of the Antitrust Divi-
the Senate, and shall, for fiscal years 2023 table; as follows:
sion of the Department of Justice, and in
through 2027, no later than July 1, present a
consultation with the Chairperson of the On page 410, after line 25, add the fol-
summary of the joint annual report for the
Committee on Foreign Investment in the lowing:
preceding fiscal year, including the informa-
United States, the Secretary of Commerce, SEC. 8145. REPEAL OF AUTHORIZATIONS FOR USE
tion required in subsections (a) and (b) of OF MILITARY FORCE AGAINST IRAQ.
the Chair of the United States International
this section, to the Committees on the Judi- (a) FINDINGS.—Congress makes the fol-
Trade Commission, the United States Trade
ciary of the House of Representatives and of Representative, and the heads of other ap- lowing findings:
the Senate. propriate agencies, and by rule in accordance (1) The Authorization for Use of Military
TITLE II—DISCLOSURE OF SUBSIDIES BY with section 553 of title 5, United States Force Against Iraq Resolution (Public Law
FOREIGN ADVERSARIES Code, shall require that the notification re- 102–1; 105 Stat. 3; 50 U.S.C. 1541 note), enacted
SEC. 201. FINDINGS AND PURPOSE. quired under subsection (b) be in such form on January 14, 1991 (in this preamble ‘‘the
(a) FINDINGS.—Congress finds the fol- and contain such documentary material and 1991 AUMF’’), and the Authorization for Use
lowing: information relevant to a proposed acquisi- of Military Force Against Iraq Resolution of
(1) Foreign subsidies, which can take the tion as is necessary and appropriate to en- 2002 (Public Law 107–243; 116 Stat. 1498; 50
form of direct subsidies, grants, loans (in- able the Federal Trade Commission and the U.S.C. 1541 note), enacted on October 16, 2002
cluding below-market loans), loan guaran- Assistant Attorney General in charge of the (in this preamble ‘‘the 2002 AUMF’’), cur-
tees, tax concessions, preferential govern- Antitrust Division of the Department of Jus- rently remain valid law.
ment procurement policies, or government tice to determine whether such acquisition (2) Recent presidential administrations
ownership or control, can distort the com- may, if consummated, violate the antitrust have maintained that the 2002 AUMF only
petitive process by enabling the subsidized laws. serves to ‘‘reinforce’’ any legal authority to
firm to submit a bid higher than other firms (d) EFFECTIVE DATE.—Subsection (b) shall combat ISIS provided by the Authorization
in the market, or otherwise change the in- take effect on the date on which the rule de- for Use of Military Force (Public Law 107–40;
centives of the firm in ways that undermine scribed in subsection (c) takes effect. 115 Stat. 224; 50 U.S.C. 1541), enacted Sep-
competition following an acquisition. TITLE III—VENUE FOR STATE ANTITRUST tember 18, 2001, and is not independently re-
(2) Foreign subsidies are particularly prob- ENFORCEMENT quired to authorize any such activities.
lematic when granted by countries or enti- SEC. 301. VENUE FOR STATE ANTITRUST EN- (3) Repealing the 1991 AUMF and the 2002
ties that constitute a strategic or economic FORCEMENT. AUMF would therefore not affect ongoing
threat to United States interests. Section 1407 of title 28, United States Code, United States military operations.
(3) The Made in China 2025 plan, states that is amended— (4) Since 2014, United States military
the Chinese Communist Party will ‘‘support (1) in subsection (g) by inserting ‘‘or a forces have operated in Iraq at the request of
enterprises to carry out mergers and acquisi- State’’ after ‘‘United States’’ and striking ‘‘; the Government of Iraq for the sole purpose
tions (M&A), equity investment, and venture but shall not include section 4A of the Act of of supporting its efforts to combat ISIS, con-
capital overseas’’. October 15, 1914, as added July 7, 1955 (69 sistent with the Strategic Framework Agree-
(4) The 2020 report to Congress from the bi- Stat. 282; 15 U.S.C. 15a)’’; and ment that Iraq and the United States signed
partisan U.S.-China Economic and Security (2) by striking subsection (h). on November 17, 2008.
Review Commission concluded that the Chi- (5) During a press briefing on December 24,
nese Government subsidizes companies with SA 6598. Mrs. CAPITO submitted an 2020, Commander of the United States Cen-
a goal of their expanding into the United amendment intended to be proposed by tral Command, General Frank McKenzie, re-
States and other countries, finding that her to the bill H.R. 2617, to amend sec- iterated that United States forces are in Iraq
‘‘[t]his process assists Chinese national tion 1115 of title 31, United States ‘‘at their invitation’’.
champions in surpassing and supplanting Code, to amend the description of how (6) Secretary of State Antony J. Blinken
global market leaders’’. The report warns and Prime Minister Mustafa Al-Kadhimi of
that the risk is particularly acute when it
performance goals are achieved, and Iraq discussed ‘‘the Iraqi government’s re-
comes to emerging technologies, where for other purposes; which was ordered sponsibility and commitment to protect U.S.
China seeks to ‘‘surpass and displace the to lie on the table; as follows: and Coalition personnel in Iraq at the gov-
United States altogether [and that] [f]ailure At the end, add the following: ernment’s invitation to fight ISIS’’ in a Feb-
to appreciate the gravity of this challenge DIVISION KK—REPORTING OF THIRD ruary 16, 2021, phone call.
and defend U.S. competitiveness would be PARTY NETWORK TRANSACTIONS (7) Secretary of Defense Lloyd J. Austin III
dlhill on DSK120RN23PROD with SENATE
dire . . . [and] risks setting back U.S. eco- SEC. 1. DELAY IN MODIFICATION OF EXCEPTIONS stated on February 19, 2021, that he ‘‘wel-
nomic and technological progress for dec- FOR REPORTING OF THIRD PARTY comed that expanded NATO mission in Iraq
ades’’. NETWORK TRANSACTIONS. that responds to the desires and aspirations
(5) In remarks before the Hudson Institute Section 9674(c)(1) of the American Rescue of the Iraqi government’’.
on December 8, 2020, FTC Commissioner Plan of 2021 is amended by striking ‘‘Decem- (8) In a February 23, 2021, call with Prime
Noah Phillips stated, ‘‘[O]ne area where anti- ber 31, 2021’’ and inserting ‘‘December 31, Minister Mustafa Al-Kadhimi of Iraq, Presi-
trust needs to reckon with the strategic in- 2022’’. dent Joseph R. Biden affirmed United States
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