[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9138 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9138
To amend the Small Business Economic Policy Act of 1980 to examine how
the competitiveness of small businesses is affected by the enforcement
of Federal antitrust laws, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 4, 2022
Ms. Newman (for herself and Ms. Tenney) introduced the following bill;
which was referred to the Committee on Small Business
_______________________________________________________________________
A BILL
To amend the Small Business Economic Policy Act of 1980 to examine how
the competitiveness of small businesses is affected by the enforcement
of Federal antitrust laws, 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 ``Main Street Competes Act''.
SEC. 2. CONGRESSIONAL DECLARATION OF SMALL BUSINESS ECONOMIC POLICY.
Section 302(a) of the Small Business Economic Policy Act of 1980
(15 U.S.C. 631a(a)) is amended--
(1) by striking ``and provide'' and inserting ``provide'';
and
(2) by striking the period and inserting ``; and promote
competitive markets, consumer choice, and business ownership
through enforcement of Federal antitrust laws in the case of
anticompetitive conduct that harms small businesses and the
growth of small businesses.''.
SEC. 3. STATE OF SMALL BUSINESSES.
Section 303(a) of the Small Business Economic Policy Act of 1980
(15 U.S.C. 631b(a)) is amended--
(1) by striking ``not later than January 20 of each year'';
(2) by striking ``The President'' and inserting ``Not later
than January 20, 2023, and not later than January 20 of each
year thereafter, the President'';
(3) by amending paragraph (1) to read as follows:
``(1) present current and historical data on--
``(A) production, employment, investment,
population, job creation and retention, annual business
failures, annual business startups, and other economic
variables for small business in the economy as a whole
and for small business in each sector of the economy,
with, to the extent practicable, specific statistics
divided as to urban, suburban, and rural areas; and
``(B) the proportion small businesses comprise of
each sector of the economy;'';
(4) by striking paragraph (2);
(5) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively;
(6) in paragraph (3), as so redesignated, by striking
``and'' at the end;
(7) by redesignating paragraph (5) as paragraph (6); and
(8) by inserting after paragraph (3), as so redesignated,
the following new paragraphs:
``(4) examine--
``(A) how the enforcement of Federal antitrust laws
and the regulations and guidelines promulgated under
such laws affects the competitiveness of small
businesses;
``(B) problems attributable to the enforcement, or
lack of enforcement, of Federal antitrust laws; and
``(C) the extent to which the Federal antitrust
laws deter anticompetitive conduct that harms small
businesses including predatory pricing, anticompetitive
vertical and horizontal mergers, price discrimination,
and exclusionary conduct;
``(5) recommend legislative and administrative solutions to
problems identified under paragraph (4); and''.
SEC. 4. REPORT TO SMALL BUSINESS ADMINISTRATION.
Section 303 of the Small Business Economic Policy Act of 1980 (15
U.S.C. 631b) is amended by adding at the end the following new
subsections:
``(f) Not later than 180 days after the end of fiscal year 2023 and
each fiscal year thereafter, the head of each specified entity shall
provide a report to the Office of Advocacy of the Small Business
Administration on how enforcement by the specified entity of Federal
antitrust laws promoted competition during the fiscal year preceding
the report by deterring and remedying anticompetitive conduct that
threatens small businesses, including--
``(1) an analysis of how enforcement by the specified
entity of Federal antitrust laws promoted competition during
the preceding fiscal year by deterring and remedying
anticompetitive conduct that threatens small businesses;
``(2) the number of complaints of alleged antitrust
violations filed by small businesses with the specified entity
during the preceding fiscal year disaggregated by category of
the alleged antitrust violation, including type of offense and
the specific Federal antitrust laws allegedly violated;
``(3) the number of inquiries, investigations, and
enforcement actions undertaken by the specified entity in
response to complaints filed by small businesses with the
specified entity during the preceding fiscal year; and
``(4) the number of inquiries, investigations, and
enforcement actions undertaken by the specified entity during
the preceding fiscal year pursuant to an alleged antitrust
violation, opened for a reason other than described in
paragraph (3), to deter and remedy anticompetitive conduct that
threatens small businesses.
``(g) Not later than 60 days after receiving a report under
subsection (f) from the head of each specified entity with respect to a
fiscal year, the Chief Counsel for Advocacy of the Small Business
Administration shall--
``(1) based on each such report with respect to such fiscal
year, analyze the extent to which each specified entity
promoted competition by deterring and remedying anticompetitive
conduct described in subsection (f)(1) during such fiscal year;
and
``(2) submit to the Administrator of the Small Business
Administration--
``(A) each such report with respect to such fiscal
year; and
``(B) a report on the findings of the analysis
conducted under paragraph (1) based on the reports
submitted under subsection (f) for such fiscal year.
``(h) Not later than 30 days after receiving each report required
under subsection (g) with respect to a fiscal year, the Administrator
of the Small Business Administration shall submit to the President and
Congress, and make available on the public website of the Small
Business Administration, such reports.''.
SEC. 5. DEFINITIONS AND REPORTING REQUIREMENTS.
The Small Business Economic Policy Act of 1980 (Public Law 96-302;
94 Stat. 848; 15 U.S.C. 631a et seq.) is amended by adding at the end
the following new sections:
``SEC. 304. DEFINITIONS.
``In this title:
``(1) Antitrust violation.--The term `antitrust violation'
means any violation of Federal antitrust laws.
``(2) Federal antitrust laws.--The term `Federal antitrust
laws' has the meaning given the term `antitrust laws' in
subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)), except that such term shall also include 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.
``(3) Specified entity.--The term `specified entity'
means--
``(A) the Department of Justice; and
``(B) the Federal Trade Commission.
``SEC. 305. REPORTING REQUIREMENTS.
``Section 3003(a)(1) of the Federal Reports Elimination and Sunset
Act of 1995 (31 U.S.C. 1113 note) does not apply with respect to
section 303 of this Act.''.
SEC. 6. PRIMARY FUNCTIONS OF THE OFFICE OF ADVOCACY.
Section 202 of the Act entitled ``To amend the Small Business Act
and Small Business Investment Act of 1958 to provide additional
assistance under such Acts, to create a pollution control financing
program for small businesses, and for other purposes'' (Public Law 94-
305; 15 U.S.C. 634b) is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(13) evaluate the efforts of the Antitrust Division of
the Department of Justice and the Federal Trade Commission to
protect small businesses from conduct that impairs
competition.''.
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