[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4686 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4686

To establish the National Commission on Economic Concentration to study 
  the effects of economic concentration on competition, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 19, 2017

 Mr. Ellison (for himself, Ms. Jayapal, Mr. Pocan, and Mr. Cicilline) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To establish the National Commission on Economic Concentration to study 
  the effects of economic concentration on competition, and for other 
                               purposes.

    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 ``21st Century Competition Commission 
Act of 2017''.

SEC. 2. FINDINGS AND SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) There is substantial evidence showing that competition 
        has declined across the American political economy, resulting 
        in concentrated control and ownership across sectors.
            (2) This structural lack of competition is contributing to 
        a host of harms, including greater wealth inequality, less 
        innovation, less entrepreneurship, and less resiliency, with 
        outsized harmful effects on minority and rural populations.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) while it is clear that the monopoly problem in the 
        United States is threatening the economy and democracy of the 
        United States, additional information will help reveal the full 
        scope of the problem and help guide industry-specific policy 
        efforts;
            (2) insufficient and permissive enforcement by the 
        Department of Justice and the Federal Trade Commission 
        necessitates that Congress convene this information-gathering 
        exercise as a form of oversight; and
            (3) gathering and producing information will aid law 
        enforcement by the Department of Justice, the Federal Trade 
        Commission, and Attorneys General of the States, and litigation 
        efforts by private parties.

SEC. 3. COMMISSION ESTABLISHED.

    (a) Establishment.--There is established the National Commission on 
Economic Concentration (hereinafter referred to as the ``Commission'').
    (b) Duties.--
            (1) Study.--The Commission shall conduct a study of 
        economic concentration to determine the following:
                    (A) The extent of concentration in aggregate and in 
                specific markets in specific sectors.
                    (B) The extent of vertical integration in specific 
                sectors and the effects of increasing vertical 
                integration on commerce within such sectors.
                    (C) The extent to which changes in concentration 
                and integration correspond to changes in--
                            (i) profits;
                            (ii) innovation;
                            (iii) productivity;
                            (iv) new business formation;
                            (v) distribution of wealth and income;
                            (vi) wages;
                            (vii) employment;
                            (viii) prices; and
                            (ix) non-price terms and conditions that 
                        adversely affect suppliers or consumers, 
                        including reduced--
                                    (I) quality of products or 
                                services;
                                    (II) variety of products or 
                                services;
                                    (III) protection of privacy; and
                                    (IV) ability of the consumer to 
                                exercise legal rights, including the 
                                exercise of such rights through 
                                mandatory arbitration agreements.
                    (D) The effects concentration has on racial 
                minorities and rural communities, with respect to--
                            (i) credit and banking services;
                            (ii) food;
                            (iii) access to affordable healthcare and 
                        medicine;
                            (iv) fair and affordable housing;
                            (v) affordable access to internet; and
                            (vi) energy and utilities.
                    (E) With respect to entrepreneurs and independent 
                businesses, the obstacles to business formation and 
                expansion, including the effects of rising 
                concentration on the capability to enter markets and 
                compete.
                    (F) The effects of rising concentration on workers, 
                including employees and independent contractors, with 
                respect to--
                            (i) labor market competition;
                            (ii) labor mobility;
                            (iii) wage and benefit levels;
                            (iv) wage distribution;
                            (v) wage volatility; and
                            (vi) other material benefits.
                    (G) The effects of rising concentration on 
                suppliers, farmers, and other upstream market 
                participants, with respect to--
                            (i) competition in markets for their 
                        products and services;
                            (ii) income levels;
                            (iii) income distribution; and
                            (iv) income volatility.
                    (H) The effects of concentration on the resiliency 
                of industrial, financial, and technological systems.
                    (I) The extent of concentration within banking and 
                financial sectors and the effects of such concentration 
                on lending and new business formation.
                    (J) With respect to major technology platforms that 
                are dominant in a market sector--
                            (i) the extent of concentration of control 
                        of communication, commerce, and critical 
                        technology;
                            (ii) the extent to which data, critical 
                        technology, and other assets that are available 
                        only to major technology platforms are being 
                        used to undermine competition;
                            (iii) the effects of large-scale data 
                        acquisition on market stability;
                            (iv) the effects of such concentration on 
                        new business formation, investment flows, and 
                        distribution of revenue and profits among 
                        firms;
                            (v) the extent to which network effects 
                        allow major technology platforms to attain and 
                        maintain market power; and
                            (vi) in the online marketplace, the extent 
                        to which competitors are capable of usurping 
                        the dominance of major technology platforms.
                    (K) The extent of common ownership by institutional 
                investors and the effects of such common ownership.
                    (L) The extent of distribution of patent, 
                copyright, and trademark ownership across firms.
                    (M) The causes of concentration and factors that 
                exacerbate the adverse effects of such concentration.
                    (N) The relationship among concentration, vertical 
                integration, firm size, and corporate political 
                activities, including lobbying activities and donations 
                to campaigns and political campaign committees.
                    (O) The economic benefits and costs of the increase 
                of mergers and conglomerates.
                    (P) The extent of abuse of superior bargaining 
                power between buyers and sellers.
            (2) Report.--Not later than 3 years after the date of the 
        enactment of this Act, the Commission shall submit to Congress 
        a report describing the results of such study.
    (c) Membership.--
            (1) Composition of the commission.--The Commission shall be 
        composed of 15 members appointed as follows:
                    (A) The Speaker of the House of Representatives, 
                the minority leader of the House of Representatives, 
                the President pro tempore of the Senate, and the 
                minority leader of the Senate shall each appoint 1 
                member from among the House of Representatives and the 
                Senate.
                    (B) The Attorney General, the Chair of the Federal 
                Trade Commission, and the Chair of the Federal Reserve 
                Board shall each appoint 1 member.
                    (C) The Council of Economic Advisers shall appoint 
                by majority vote--
                            (i) 1 member with expertise in labor 
                        organization;
                            (ii) 1 member with expertise in labor 
                        policy;
                            (iii) 1 member who is an executive of a 
                        business with fewer than 500 employees;
                            (iv) 1 member who is an executive of a 
                        business with greater than 5,000 employees;
                            (v) 1 member from a consumer advocacy 
                        nongovernmental organization;
                            (vi) 1 member with expertise in industrial 
                        organization;
                            (vii) 1 member with expertise in finance; 
                        and
                            (viii) 1 member with expertise in 
                        investment.
            (2) Terms of office.--A member appointed under--
                    (A) paragraph (1)(A) may serve so long as such 
                member remains a Member of the House of Representatives 
                or the Senate, unless removed by the relevant 
                appointing authority;
                    (B) paragraph (1)(B) may serve for the life of the 
                Commission, unless removed by the relevant appointing 
                authority; and
                    (C) paragraph (1)(C) may serve for the life of the 
                Commission, unless removed by a majority vote of the 
                Council of Economic Advisors.
            (3) Chair and vice chair.--The chair and vice chair of the 
        Commission shall be elected by a majority vote of the members 
        of the Commission.
            (4) Vacancy.--A vacancy in the Commission shall not affect 
        the power of the remaining members to execute the functions of 
        the Commission and shall be filled in the same manner as the 
        original appointment is made.
            (5) Compensation.--
                    (A) Nongovernment members.--Except as provided in 
                subparagraph (C), members of the Commission shall be 
                entitled to a sum equivalent to the compensation paid 
                at level V of the Executive Schedule under section 5315 
                of title 5, United States Code.
                    (B) Travel and per diem.--While away from their 
                homes or regular places of business in the performance 
                of services for the Commission, members of the 
                Commission shall be allowed travel expenses, including 
                per diem in lieu of subsistence, in the same manner as 
                the expenses authorized by section 5703 of title 5, 
                United States Code, for persons in the Government 
                service employed intermittently.
                    (C) Prohibition of compensation of federal officers 
                or employees.--Members of the Commission who are full-
                time officers or employees of the United States or 
                Members of Congress may not receive additional pay, 
                allowances, or benefits in the nature of compensation 
                by reason of their service on the Commission.
    (d) Rules.--
            (1) Meetings.--The Commission shall meet at the call of the 
        chair or a majority of members of the Commission.
            (2) Quorum.--A majority of members of the Commission shall 
        constitute a quorum, and actions by the Commission shall be 
        determined by a majority vote of the members present.
            (3) Proxy voting.--If unable to attend a meeting of the 
        Commission, a member of the Commission appointed under 
        subsection (c)(1)(C) may authorize another member to act and 
        vote on behalf of the absent member.
            (4) Attendance.--Members appointed under subparagraph (A) 
        or (B) of subsection (c)(1) shall be removed from the 
        Commission and replaced by the relevant appointing authority if 
        they attend fewer than two-thirds of the meetings of the 
        Commission.
    (e) Administrative Provisions.--
            (1) Hearings.--The Commission may for the purposes of 
        carrying out this Act hold such hearings, sit and act at such 
        times and places, take such testimony, and receive such 
        evidence as the Commission deems advisable. The Commission may 
        administer oaths or affirmations to witnesses appearing before 
        it.
            (2) Subpoena power.--The Commission shall have power to 
        issue subpoenas requiring the attendance and testimony of 
        witnesses and the production of evidence that relates to any 
        matter which the Commission is authorized to study under 
        subsection (b).
            (3) Access to federal information.--The Commission may 
        secure directly from any executive department or agency of the 
        United States information reasonably necessary to enable it to 
        carry out this Act. Upon request of the chairman or vice 
        chairman of the Commission, and consistent with any other law, 
        the head of an executive department or agency shall furnish 
        such information to the Commission.
            (4) Agency.--When so authorized by the Commission, any 
        member, subcommittee, or agent of the Commission may take any 
        action which the Commission is authorized to take by this 
        section.
            (5) Staff.--
                    (A) Appointment.--The chair of the Commission may, 
                without regard to the provisions of chapter 41 of title 
                5, United States Code, appoint and terminate such staff 
                as are necessary to enable the Commission to perform 
                its duties.
                    (B) Compensation.--The chair of the Commission may 
                fix the compensation of the staff without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of title 5, United States Code, except that the rate 
                of pay for the 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.
                    (C) Experts and consultants.--The Commission may 
                procure temporary and intermittent services of experts 
                and consultants under section 3109(b) of title 5, 
                United States Code, but at rates for individuals not to 
                exceed the maximum rate of basic pay for GS-15 of the 
                General Schedule.
            (6) 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.
            (7) 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 this Act. Such expenditures and contracts may be 
        made only to the extent provided in advance in appropriation 
        Acts.
            (8) 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.
            (9) 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.
    (f) Termination.--The Commission shall terminate on the date that 
is 180 days after the date on which the Commission submits the report 
under subsection (a)(2).
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated a total amount of $50,000,000 for fiscal years 2019 
through 2021 to carry out this Act.
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