[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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