[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3483 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3483

   To establish a Mandatory Spending Control Commission to determine 
     appropriate methods to limit the growth of mandatory spending.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 1993

Mr. Schaefer introduced the following bill; which was referred jointly 
          to the Committees on Government Operations and Rules

_______________________________________________________________________

                                 A BILL


 
   To establish a Mandatory Spending Control Commission to determine 
     appropriate methods to limit the growth of mandatory spending.

    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 ``Mandatory Spending Control Act of 
1993''.

SEC. 2. PURPOSE.

    The purpose of this Act is to determine appropriate methods for 
limiting the growth of mandatory spending, including decreased funding 
levels, growth limits, and improved cost efficiency.

SEC. 3. MANDATORY SPENDING CONTROL COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the ``Mandatory Spending Control Commission''.
    (b) Duties.--The Commission shall carry out the duties specified 
for it in this Act.
    (c) Appointment.--(1)(A) The Commission shall be composed of 9 
members appointed by the President, by and with the advice and consent 
of the Senate.
    (B) By January 1, 1995, the President shall submit to the Senate 
the nominations of those first appointed to the Commission.
    (2) In selecting individuals for nominations for appointments to 
the Commission, the President should consult with--
            (A) the Speaker of the House of Representatives concerning 
        the appointment of 2 members;
            (B) the majority leader of the Senate concerning the 
        appointment of 2 members;
            (C) the minority leader of the House of Representatives 
        concerning the appointment of 1 member; and
            (D) the minority leader of the Senate concerning the 
        appointment of 1 member.
    (3) At the time the President nominates individuals for appointment 
to the Commission, the President shall designate 1 such individual to 
serve as Chairman of the Commission.
    (4) A vacancy in the Commission shall be filled in the manner in 
which the original appointment was made.
    (d) Terms.--(1) Except as provided by paragraphs (2) and (3), 
members (including the member designated as chairman) shall be 
appointed for terms of 3 years.
    (2) Of the members first appointed--
            (A) 1 appointed in consultation with the Speaker, 1 
        appointed in consultation with the majority leader of the 
        Senate, and 1 appointed by the President shall be appointed for 
        terms of 1 year; and
            (B) 1 appointed in consultation with the minority leader of 
        the House of Representatives, 1 appointed in consultation with 
        the minority leader of the Senate, and 1 appointed by the 
        President shall be appointed for terms of 2 years.
    (3) Any member appointed to fill a vacancy occurring before the 
expiration of the term for which his predecessor was appointed shall be 
appointed only for the remainder of that term. A member may serve after 
the expiration of his term until his successor has taken office. No 
individual may serve on the Commission for more than 1 term.
    (e) Meetings.--(1) Each meeting of the Commission, other than 
meetings in which classified information is to be discussed, shall be 
open to the public.
    (2) All the proceedings, information, and deliberations of the 
Commission shall be open, upon request, to the chairman and ranking 
minority party member of the Committee on the Budget of each House of 
Congress.
    (f) Pay and Travel Expenses.--(1)(A) Each member, other than the 
Chairman, shall be paid at a rate equal to the daily equivalent of the 
minimum annual rate of basic pay payable for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for each 
day (including travel time) during which the member is engaged in the 
actual performance of duties vested in the Commission.
    (B) The Chairman shall be paid for each day referred to in 
subparagraph (A) at a rate equal to the daily equivalent of the minimum 
annual rate of basic pay payable for level III of the Executive 
Schedule under section 5314 of title 5, United States Code.
    (2) Members shall receive travel expenses, including per diem in 
lieu of subsistence, in accordance with sections 5702 and 5703 of title 
5, United States Code.
    (g) Director of Staff.--(1) The Commission shall, without regard to 
section 5311(b) of title 5, United States Code, appoint a Director who 
has not served as a Federal employee during the one-year period 
preceding the date of such appointment.
    (2) The Director shall be paid at the rate of basic pay payable for 
level IV of the Executive Schedule under section 5315 of title 5, 
United States Code.
    (h) Staff.--(1) Subject to paragraphs (2) and (3), the Director, 
with the approval of the Commission, may appoint and fix the pay of 
additional personnel.
    (2) The Director may make such appointments without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and any personnel so appointed may be paid 
without regard to the provisions of chapter 51 and subchapter III of 
chapter 53 of that title relating to classification and General 
Schedule pay rates, except that an individual so appointed may not 
receive pay in excess of the maximum annual rate of basic pay payable 
for a position above GS-15 of the General Schedule.
    (3) Not more than one-third of the personnel employed by or 
detailed to the Commission may be on detail from any Government agency 
or from the legislative branch.
    (4) Upon request of the Chairman, the head of any Federal 
department or agency may detail any of the personnel of that department 
or agency to the Commission to assist the Commission in carrying out 
its duties under this Act.
    (i) Consultants and Property.--(1) The Commission may procure by 
contract, to the extent funds are available, the temporary or 
intermittent services of experts or consultants pursuant to section 
3109 of title 5, United States Code.
    (2) The Commission may lease space and acquire personal property to 
the extent funds are available.
    (j) Funding.--There are authorized to be appropriated $3,000,000 to 
the Commission for fiscal year 1995 and for each subsequent fiscal year 
to carry out its duties under this Act. Upon confirmation of all 
Commissioners, each cabinet level department shall transfer from its 
administrative expenses account necessary funding to the Commission on 
a pro rata basis based on that department's funding percentage of the 
total executive branch budget.
    (k) Termination.--The Commission shall terminate on the thirtieth 
calendar day beginning after the President notifies the Commission, in 
writing, that the budget has been in balance (or in surplus) for two 
consecutive fiscal years, unless, as a part of that notificiation, the 
President states that for budgetary reasons he has determined that the 
Commission shall not so terminate.

SEC. 4. PROCEDURE FOR MAKING RECOMMENDATION FOR PROPOSED CUTS.

    (a) Review and Recommendations by the Commission.--(1) Before May 
15 of each calendar year, the Commission shall examine and review all 
mandatory spending programs, and conduct public hearings, to determine 
appropriate methods for limiting the growth of these programs to 103 
percent of aggregate spending for mandatory programs for the preceding 
fiscal year.
    (2) The Commission shall request recommendations for mandatory 
spending reductions from the heads of executive departments and 
agencies, chairmen of congressional committees, the Director of the 
Congressional Budget Office, the Director of the Office of Management 
and Budget, the Director of the General Accounting Office, and any 
other persons who may be of assistance. These heads shall also provide 
to the Commission information respecting programs within their 
jurisdiction. The Commission may also consider unsolicited comments.
    (3) Individuals named in paragraph (2) shall endeavor to promptly 
comply with requests made to them by the Commission under that 
paragraph.
    (b) The Commission shall, by May 15th, transmit to the President a 
report containing the Commission's findings and conclusions based on a 
review and analysis of the recommendations.
    (c) Review by the President.--The President shall, by June 1st, 
transmit to the Commission a report containing the President's comments 
and suggestions respecting the Commission's recommendations.
    (d) Final Recommendations.--After reviewing the comments and 
suggestions of the President, the Commission shall transmit, by June 
15th, a report of its final recommendations to the Congress and to the 
public. This report shall take into account any net reduction in 
spending for mandatory programs set forth in the concurrent resolution 
on the budget (as agreed to) for the fiscal year covered by the report. 
If that concurrent resolution is in compliance with the growth 
limitation provision for that fiscal year as set forth in subsection 
(a)(1), then the report of the Commission shall recommend no 
congressional action respecting that fiscal year.
    (e) Growth Limitation.--All reports described in this section shall 
be in full compliance with the growth limitation provision of 
subsection (a)(1).
    (f) Criteria for Recommendations.--All reports described in this 
section shall set forth the criteria upon which its recommendations are 
based.

SEC. 5. CONGRESSIONAL CONSIDERATION OF COMMISSION'S REPORT.

    (a) Definitions.--For purposes of this section--
            (1) the term ``implementing bill'' means only a bill which 
        is introduced as provided under subsection (b), and contains 
        the proposed legislative recommendations contained in the final 
        report submitted to the Congress under section 4(e) without 
        modification; and
            (2) the term ``session day'' means a day that either the 
        Senate or the House of Representatives is in session.
    (b) Introduction.--On the fifth calendar day beginning after the 
date on which a final report is submitted to the Congress under section 
4(e), an implementing bill shall be introduced--
            (1) in the Senate by the majority leader for himself and 
        the minority leader; and
            (2) in the House of Representatives by the majority leader 
        for himself and the minority leader.
    (c) Discharge.--If the committee to which an implementing bill is 
referred has not reported that bill within one month, that committee 
shall be immediately discharged from further consideration of such 
bill, and such bill shall be placed on the appropriate calendar of the 
House involved.
    (d) Consideration.--(1)(A) On or after the first day after the date 
on which the committee to which an implementing bill is referred has 
reported, or has been discharged (under subsection (c)) from further 
consideration of, such a bill, it is in order (even though a previous 
motion to the same effect has been disagreed to) for any member of the 
House of Representatives or the Senate, respectively, to move to 
proceed to the consideration of the bill (but only the day after the 
calendar day on which the member announces to the House concerned the 
member's intention to do so).
    (B) All points of order against an implementing bill (and against 
consideration of that bill) are waived except the point of order set 
forth in subsection (g).
    (C)(i) A motion to proceed to the consideration of an implementing 
bill is highly privileged in the House of Representatives and is 
privileged in the Senate and is not debatable.
    (ii) A motion described in clause (i) is not subject to amendment, 
to a motion to proceed to the consideration of other business, or to a 
motion to table.
    (iii) A motion to reconsider the vote by which a motion described 
in clause (i) is agreed to or not agreed to shall not be in order.
    (iv) If a motion described in clause (i) is agreed to, the House of 
Representatives or the Senate, as the case may be, shall immediately 
proceed to consideration of the bill without intervening motion, order, 
or other business, and the bill shall remain the unfinished business of 
the House of Representatives or the Senate, as the case may be, until 
disposed of.
    (2)(A) Debate on an implementing bill and on all debatable motions 
and appeals in connection therewith shall be limited to not more than 4 
hours in the House of Representatives and 10 hours in the Senate, which 
shall be divided equally between those favoring and those opposing the 
bill.
    (B) An amendment to an implementing bill is not in order. This 
provision is not subject to a motion to suspend, nor can a unanimous 
consent agreement wave this section.
    (C) A motion further to limit debate on an implementing bill is in 
order and not debatable.
    (D) A motion to postpone consideration of an implementing bill, a 
motion to proceed to the consideration of other business, a motion to 
table, or a motion to recommit the bill is not in order.
    (E) A motion to reconsider the vote by which an implementing bill 
is agreed to or not agreed to is not in order.
    (3) Immediately following the conclusion of the debate on an 
implementing bill and a single quorum call at the conclusion of the 
debate if requested in accordance with the rules of the House of 
Representatives or the Senate, as the case may be, the vote on final 
passage of the bill shall occur.
    (4) Appeals from the decisions of the Chair relating to the 
application of the rules of the House of Representatives or of the 
Senate, as the case may be, to the procedure relating to an 
implementing bill shall be decided without debate.
    (e) Consideration by Other House.--(1) If, before the passage by 
one House of an implementing bill that was introduced in that House, 
that House receives from the other House an implementing bill--
            (A) the bill of the other House shall not be referred to a 
        committee and may not be considered in the House that receives 
        it otherwise than on final passage under subparagraph (B)(ii); 
        and
            (B)(i) the procedure in the House that receives such a bill 
        with respect to such a bill that was introduced in that House 
        shall be the same as if no bill had been received from the 
        other House; but
            (ii) the vote on final passage shall be on the bill of the 
        other House.
    (2) Upon disposition of an implementing bill that is received by 
one House from the other House, it shall no longer be in order to 
consider such a bill that was introduced in the receiving House.
    (f) Date Certain.--If the Senate and the House of Representatives 
have not acted upon the implementing bill by July 20th, then on that 
day or the next day of session thereafter the bill shall be called up 
by the Presiding Officer of each House upon convening and a roll call 
vote shall be conducted on passage, but after that House of Congress 
has debated the bill pursuant to the provisions of subsections 
(d)(2)(A) and (C). If the bill passes one House, the bill shall be 
transmitted on the same legislative day to the other House and that 
House shall vote on passage of that bill on its next session day.
    (g) Point of Order.--It shall not be in order in the House of 
Representatives or the Senate to consider any implementing bill that is 
not in full compliance with the growth limitation provision of section 
4(a)(1) or that contains any provision that increases taxes.
    (h) Rules of the Senate and House of Representatives.--This section 
is enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and is deemed to be 
        part of the rules of each House, respectively, but applicable 
        only with respect to the procedure to be followed in that House 
        in the case of an implementing bill, and it supersedes other 
        rules only to the extent that it is inconsistent with such 
        rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as they relate to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 6. BUDGET OUTLAY REDUCTIONS PERMANENT.

    All obligational authority reduced pursuant to this Act shall be 
done in a manner that shall make such reductions permanent.

SEC. 7. ADDITIONAL ENFORCEMENT PROVISIONS.

    No reductions in direct spending pursuant to this Act shall be 
treated as a net deficit decrease for purposes of section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

SEC. 8. COMPLIANCE REPORT BY COMPTROLLER GENERAL.

    Within 15 days after the end of a session of Congress, the 
Comptroller General shall submit to the Congress and the President a 
report stating whether the requirements of this Act have been complied 
with and indicating the respects (if any) in which they have not.

SEC. 9. DEFINITIONS AND SCOREKEEPING.

    (a) Definition.--(1) As used in this Act, the term ``direct 
spending'' has the meaning given to that term by section 250(c) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.
    (2) As used in this Act, the term ``mandatory spending'' has the 
meaning given to ``direct spending'' by section 250(c) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, except that, for 
purposes of this Act only, it includes social security and excludes net 
interest and deposit insurance.
    (b) Scorekeeping.--The Congressional Budget Office shall prepare 
all necessary estimates to carry out this Act in conformance with its 
scorekeeping guidelines.

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