text: 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.
target: Antitrust Modernization Commission Act of 2001 - Establishes the Antitrust Modernization Commission to study and report to Congress and the President on issues and problems relating to the modernization of the antitrust laws. Directs the Commission to: (1) solicit divergent views of all parties concerned with the operation of such laws; and (2) evaluate the advisability of proposals and current arrangements with respect to such issues and problems.
feat_title: To establish the Antitrust Modernization Commission.