[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5424 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5424

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

                           September 13, 2023

  Ms. Scholten (for herself, Mr. Luetkemeyer, Ms. Velazquez, 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 at the end 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.

    (a) In General.--Section 303 of the Small Business Economic Policy 
Act of 1980 (15 U.S.C. 631b) is amended to read as follows:

``SEC. 303. REPORT ON THE STATE OF SMALL BUSINESS CONCERNS.

    ``(a) Specified Entity Report.--Not later than 180 days after the 
end of fiscal year 2023 and each fiscal year thereafter, the head of 
each specified entity shall submit to the Chief Counsel for Advocacy of 
the Office of Advocacy of the Small Business Administration a report 
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 harms small businesses and the 
        growth of small businesses;
            ``(2) the number of complaints of alleged antitrust 
        violations filed by small businesses with the specified entity 
        during such fiscal year, disaggregated by category of the 
        alleged antitrust violation, 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 such fiscal year; and
            ``(4) the number of inquiries, investigations, and 
        enforcement actions undertaken by the specified entity during 
        such 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 harms small 
        businesses and the growth of small businesses.
    ``(b) Office of Advocacy Report.--Not later than 180 days after 
receipt of the report required by subsection (a), the Chief Counsel for 
Advocacy shall submit to the Committee on Small Business of the House 
of Representatives and the Committee on Small Business and 
Entrepreneurship of Senate a report that includes--
            ``(1) a summary of the report submitted under subsection 
        (a);
            ``(2) an analysis of the data in such report, disaggregated 
        by industry category;
            ``(3) an evaluation of the issues identified in such report 
        relating to--
                    ``(A) anticompetitive conduct that harmed small 
                businesses and the growth of small businesses; and
                    ``(B) administrative actions that promoted 
                competition and growth of small businesses;
            ``(4) as appropriate, recommendations for administrative 
        actions that could--
                    ``(A) promote competition;
                    ``(B) deter anticompetitive conduct that harmed 
                small business and the growth of small businesses; and
                    ``(C) remedy such anticompetitive conduct; and
            ``(5) as appropriate, recommendations for legislative 
        actions that could--
                    ``(A) promote competition;
                    ``(B) deter anticompetitive conduct that harmed 
                small business and the growth of small businesses; and
                    ``(C) remedy such anticompetitive conduct.''.
    (b) Definitions.--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 section:

``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) Small business.--The term `small business' has the 
        meaning given `small business concern' under section 3 of the 
        Small Business Act (15 U.S.C. 632).
            ``(4) Specified entity.--The term `specified entity' 
        means--
                    ``(A) the Department of Justice; and
                    ``(B) the Federal Trade Commission.''.
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