[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2325 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2325

          To establish the Antitrust Modernization Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2001

     Mr. Sensenbrenner (for himself, Mr. Hyde, and Mr. Hutchinson) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
          To establish the Antitrust Modernization Commission.

    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 Modernization Commission 
Act of 2001''.

SEC. 2. ESTABLISHMENT.

    There is established the Antitrust Modernization Commission (in 
this Act referred to as the ``Commission'').

SEC. 3. DUTIES OF THE COMMISSION.

    The duties of the Commission are--
            (1) to investigate and to study issues and problems 
        relating to the modernization of the antitrust laws,
            (2) to solicit divergent views of all parties concerned 
        with the operation of the antitrust laws,
            (3) to evaluate the advisability of proposals and current 
        arrangements with respect to such issues and such problems, and
            (4) to prepare and to submit to the Congress and the 
        President a report in accordance with section 8.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 12 
members appointed as follows:
            (1) Four members, no more than 2 of whom shall be of the 
        same political party, shall be appointed by the President. One 
        of such members shall be designated by the President as 
        chairperson of the Commission.
            (2) Two members shall be appointed by the majority leader 
        of the Senate.
            (3) Two members shall be appointed by the minority leader 
        of the Senate.
            (4) Two members shall be appointed by the Speaker of the 
        House of Representatives.
            (5) Two members shall be appointed by the minority leader 
        of the House of Representatives.
    (b) Ineligibility for Appointment.--Members of Congress shall be 
ineligible for appointment to the Commission.
    (c) Term of Appointment.--
            (1) In general.--Subject to paragraph (2), members of the 
        Commission shall be appointed for the life of the Commission.
            (2) Early termination of appointment.--If a member of the 
        Commission who is appointed to the Commission as--
                    (A) an officer or employee of a government ceases 
                to be an officer or employee of such government; or
                    (B) an individual who is not an officer or employee 
                of a government becomes an officer or employee of a 
                government;
        then such member shall cease to be a member of the Commission 
        on the expiration of the 90-day period beginning on the date 
        such member ceases to be such officer or employee of such 
        government, or becomes an officer or employee of a government, 
        as the case may be.
    (d) Quorum.--Seven members of the Commission shall constitute a 
quorum, but a lesser number may conduct meetings.
    (e) Appointment Deadline.--Initial appointments under subsection 
(a) shall be made not later than 60 days after the date of enactment of 
this Act.
    (f) Meetings.--The Commission shall meet at the call of the 
chairperson. The first meeting of the Commission shall be held not 
later than 30 days after the date on which all members of the 
Commission are first appointed under subsection (a) or funds are 
appropriated to carry out this Act, whichever occurs later.
    (g) Vacancy.--A vacancy on the Commission shall be filled in the 
same manner as the initial appointment is made.
    (h) Consultation Before Appointment.--Before appointing members of 
the Commission, the President, the majority and minority leaders of the 
Senate, the Speaker of the House of Representatives, and the minority 
leader of the House of Representatives shall consult with each other to 
ensure fair and equitable representation of various points of view in 
the Commission.

SEC. 5. COMPENSATION OF THE COMMISSION.

    (a) Pay.--
            (1) Nongovernment employees.--Each member of the Commission 
        who is not otherwise employed by a government shall be entitled 
        to receive the daily equivalent of the annual rate of basic pay 
        payable for level IV of the Executive Schedule under section 
        5315 of title 5 United States Code, as in effect from time to 
        time, for each day (including travel time) during which such 
        member is engaged in the actual performance of duties of the 
        Commission.
            (2) Government employees.--A member of the Commission who 
        is an officer or employee of a government shall serve without 
        additional pay (or benefits in the nature of compensation) for 
        service as a member of the Commission.
    (b) Travel Expenses.--Members of the Commission shall receive 
travel expenses, including per diem in lieu of subsistence, in 
accordance with subchapter I of chapter 57 of title 5, United States 
Code.

SEC. 6. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Staff.--
            (1) Appointment.--The chairperson of the Commission may, 
        without regard to the provisions of chapter 51 of title 5 of 
        the United States Code (relating to appointments in the 
        competitive service), appoint and terminate an executive 
        director and such other staff as are necessary to enable the 
        Commission to perform its duties. The appointment of an 
        executive director shall be subject to approval by the 
        Commission.
            (2) Compensation.--The chairperson of the Commission may 
        fix the compensation of the executive director and other staff 
        without regard to the provisions of chapter 51 and subchapter 
        III of chapter 53 of title 5 of the United States Code 
        (relating to classification of positions and General Schedule 
        pay rates), except that the rate of pay for the executive 
        director and other staff may not exceed the rate of basic pay 
        payable for level V of the Executive Schedule under section 
        5315 of title 5 United States Code, as in effect from time to 
        time.
    (b) Experts and Consultants.--The Commission may procure temporary 
and intermittent services of experts and consultants in accordance with 
section 3109(b) of title 5, United States Code.

SEC. 7. POWERS OF THE COMMISSION.

    (a) Hearings and Meetings.--The Commission, or a member of the 
Commission if authorized by the Commission, may hold such hearings, sit 
and act at such time and places, take such testimony, and receive such 
evidence, as the Commission considers to be appropriate. The Commission 
or a member of the Commission may administer oaths or affirmations to 
witnesses appearing before the Commission or such member.
    (b) Official Data.--The Commission may obtain directly from any 
executive agency (as defined in section 105 of title 5 of the United 
States Code) or court information necessary to enable it to carry out 
its duties under this Act. On the request of the chairperson of the 
Commission, and consistent with any other law, the head of an executive 
agency or of a Federal court shall provide such information to the 
Commission.
    (c) Facilities and Support Services.--The Administrator of General 
Services shall provide to the Commission on a reimbursable basis such 
facilities and support services as the Commission may request. On 
request of the Commission, the head of an executive agency may make any 
of the facilities or services of such agency available to the 
Commission, on a reimbursable or nonreimbursable basis, to assist the 
Commission in carrying out its duties under this Act.
    (d) Expenditures and Contracts.--The Commission or, on 
authorization of the Commission, a member of the Commission may make 
expenditures and enter into contracts for the procurement of such 
supplies, services, and property as the Commission or such member 
considers to be appropriate for the purpose of carrying out the duties 
of the Commission. Such expenditures and contracts may be made only to 
such extent or in such amounts as are provided in advance in 
appropriation Acts.
    (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (f) Gifts, Bequests, and Devises.--The Commission may accept, use, 
and dispose of gifts, bequests, or devises of services or property, 
both real and personal, for the purpose of aiding or facilitating the 
work of the Commission. Gifts, bequests, or devises of money and 
proceeds from sales of other property received as gifts, bequests, or 
devises shall be deposited in the Treasury and shall be available for 
disbursement upon order of the Commission.

SEC. 8. REPORT.

    Not later than 3 years after the first meeting of the Commission, 
the Commission shall submit to the Congress and the President a report 
containing a detailed statement of the findings and conclusions of the 
Commission, together with recommendations for legislative or 
administrative action the Commission considers to be appropriate.

SEC. 9. TERMINATION OF COMMISSION.

    The Commission shall cease to exist 30 days after the date on which 
the report required by section 8 is submitted.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $4,000,000 to carry out this 
Act.
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