[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2755 Introduced in House (IH)]


104th CONGRESS
  1st Session
                                H. R. 2755

  To establish a Corporate and Farm Independence Commission, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 11, 1995

Mr. Foglietta (for himself, Mr. Schumer, Mr. McDermott, Mr. Owens, and 
 Mr. Dellums) introduced the following bill; which was referred to the 
   Committee on Ways and Means, and in addition to the Committees on 
 Agriculture, Transportation and Infrastructure, Resources, and Rules, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To establish a Corporate and Farm Independence Commission, 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 title may be cited as the ``Corporate and Farm Independence 
Act''.

SEC. 2. CORPORATE AND FARM INDEPENDENCE COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the ``Corporate and Farm Independence Commission'' to 
study reductions in corporate and farm subsidies to reduce the Federal 
budget deficit.
    (b) Duties.--The Commission shall carry out the duties specified 
for it in this Act.
    (c) Appointment.--(1) The Commission shall be composed of eight 
members appointed by the President.
    (2) The President shall appoint the members of the Commission not 
later than 6 months after the date of the enactment of this Act.
    (3) In selecting individuals for appointments to the Commission, 
the President shall consult with--
            (A) the Speaker of the House of Representatives concerning 
        the appointment of two members;
            (B) the majority leader of the Senate concerning the 
        appointment of two members;
            (C) the minority leader of the House of Representatives 
        concerning the appointment of one member; and
            (D) the minority leader of the Senate concerning the 
        appointment of one member.
    (4) At the time the President appoints members to the Commission, 
the President shall designate one such individual who shall serve as 
Chairman of the Commission.
    (d) Terms.--Each member of the Commission shall be appointed to 
serve for the life of the Commission.
    (e) Meetings.--Each meeting of the Commission, other than meetings 
in which classified information is to be discussed, shall be open to 
the public.
    (f) Vacancies.--A vacancy in the Commission shall be filled in the 
same manner as the original appointment.
    (g) Pay and Travel Expenses.--(1)(A) Each member of the Commission, 
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 of the Commission shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code.
    (3) Prohibition of Compensation of Federal Employees.--Members of 
the Commission who are full-time officers or employees of the United 
States, or Members of Congress, may not receive additional pay, 
allowances, or benefits by reason of their service on the Commission.
    (h) Director of Staff.--(1) The Commission shall appoint a 
Director.
    (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.
    (i) 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 annual rate of basic pay payable for level 
IV of the Executive Schedule under section 5315 of title 5, United 
States Code.
    (3) Upon request of the Director, 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.
    (4) The Comptroller General of the United States shall provide 
assistance, including the detailing of employees, to the Commission in 
accordance with an agreement entered into between the Comptroller 
General and the Commission.
    (j) Other Authority.--(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. To the extent practicable, the 
Commission shall use suitable real property available under the most 
recent inventory of real property assets published by the Resolution 
Trust Corporation under section 21A(b)(11)(F) of the Federal Home Loan 
Bank Act (12 U.S.C. 1441a(b)(11)(F)).
    (k) Funding.--There are authorized to be appropriated to the 
Commission such funds as are necessary to carry out its duties under 
this Act. Such funds shall remain available until expended.
    (l) Termination.--The Commission shall terminate not later than 
September 30, 2003.

SEC. 3. PROCEDURE FOR MAKING RECOMMENDATIONS FOR CORPORATE AND FARM 
              SUBSIDY REDUCTIONS.

    (a) Selection Criteria.--(1) Not later than 8 months after the date 
of the enactment of this Act, the Chairman shall publish in the Federal 
Register and transmit to the Congress a preliminary draft of the 
criteria which the Chairman proposes should be used in making 
recommendations for reductions in corporate or farm subsidies under 
this Act. Before the publication required by this paragraph, the 
Chairman shall provide an opportunity for public comment on the 
proposed criteria for a period of at least 30 days and shall hold a 
public hearing on the proposed criteria. The Chairman shall provide the 
public with appropriate notice of such opportunity to comment and of 
such hearing.
    (2) In developing the criteria, the Chairman shall consider--
            (A) the income categories of individuals affected by any 
        reduction in corporate or farm subsidies,
            (B) the number of individuals affected by any such 
        reduction,
            (C) the impact of any such reduction on various geographic 
        regions,
            (D) the number, type, and size of businesses affected by 
        any such reduction, and
            (E) the impact of any such reduction on job loss.
    (3) Not later than 10 months after the date of the enactment of 
this Act, the Chairman shall publish in the Federal Register and 
transmit to the Congress the final criteria to be used in making 
recommendations for reductions in corporate and farm subsidies under 
this Act.
    (4) The Chairman shall make available to the Commission and to the 
Comptroller General of the United States all information used by the 
Chairman in formulating the criteria.
    (b) Review and Recommendations by the Commission.--
            (1) Once during the term of every Congress, for the life of 
        the Commission, the Commission shall identify and review 
        corporate and farm subsidies and shall publish in the Federal 
        Register and transmit to the President and the Congress a 
        report containing a list of corporate and farm subsidy 
        reductions that the Commission recommends on the basis of--
                    (A) the final criteria referred to in subsection 
                (a), and
                    (B) a weighing of the cost of each subsidy 
                recommended to be reduced or eliminated against the 
                value of the subsidy in creating jobs.
            (2) The Commission shall submit the first report required 
        by paragraph (1) not later than 7 months after the date of the 
        publication required by subsection (a)(3).
            (3) In each report required by paragraph (1), the 
        Commission shall recommend corporate and farm subsidy 
        reductions sufficient to raise the appropriate amount of 
        revenue in each of the first 2 fiscal years beginning in 
        calendar years beginning after the date of the transmission of 
        such report under paragraph (1), as determined under the 
        following table:

If the calendar year is:
                                             The appropriate amount is:
  The 1st beginning after the 1st report............. $3,000,000       
  The 2d beginning after the 1st report.............. $3,000,000       
  The 1st beginning after the 2d report.............. $5,000,000       
  The 2d beginning after the 2d report............... $5,000,000       
  The 1st beginning after the 3d report.............. $7,000,000       
  The 2d beginning after the 3d report...............$12,000,000       
  The 1st beginning after the 4th report.............$15,000,000.      
            (4) Before the transmission of any report under paragraph 
        (1), the Commission shall conduct public hearings on the 
        recommendations contained in such report.
            (5) The Commission shall include, with each list of 
        recommendations published and transmitted under paragraph (1)--
                    (A) a summary of the selection process that 
                resulted in the recommendations,
                    (B) with respect to each subsidy which the 
                Commission recommends to be reduced or eliminated, an 
                analysis of the costs (including costs resulting from 
                job loss) and savings that would result from such 
                elimination or reduction, and
                    (C) legislative language which if enacted would 
                have the effect of carrying out all of the corporate 
                and farm subsidy reductions which are recommended by 
                the Commission on such list.
            (6) The Commission may include, with such list, 
        recommendations for alternative methods for funding some or all 
        of the corporate and farm subsidies contained on such list. The 
        recommended alternative methods for funding may include, but 
        need not be limited to, the imposition of user fees.
            (7) After transmitting a report under paragraph (1), the 
        Commission shall make available to the Congress and the 
        Comptroller General of the United States all information used 
        by the Commission in making the recommendations contained in 
        such report.
    (c) Assistance From Comptroller General.--The Comptroller General 
of the United States shall--
            (1) assist the Commission, to the extent requested by the 
        Commission, in the Commission's review and analysis of the 
        criteria transmitted by the Chairman under subsection (a); and
            (2) not later than 45 days after each transmission required 
        by subsection (b)(1), transmit to the Congress, to the 
        President, and to the Commission a report containing a detailed 
        analysis of the Commission's recommendations and selection 
        process.
    (d) Review by the President.--(1) Not later than 90 days after each 
transmission under subsection (c)(2), the President shall transmit to 
the Commission and to the Congress either a notice of the President's 
approval of all of the recommendations contained in the Commission's 
report or a notice of the President's disapproval or partial approval 
of such recommendations.
    (2) If the President approves all of the recommendations of the 
Commission, the President shall transmit to the Congress a copy of such 
recommendations, a certification of such approval, and a copy of the 
legislative language submitted by the Commission under subsection 
(b)(5).
    (3) If the President disapproves the recommendations of the 
Commission, in whole or in part, the President shall transmit to the 
Commission and the Congress the reasons for such disapproval. The 
Commission shall then transmit to the President, not later than 30 days 
after the transmission of such reasons, a revised list of 
recommendations for corporate and farm subsidy reductions and revised 
legislative language which if enacted would have the effect of carrying 
out all corporate and farm subsidy reductions which are recommended by 
the Commission on such revised list.
    (4) Not later than 30 days after the Commission transmits a revised 
list of recommendations and revised language under paragraph (3), the 
President shall transmit to the Congress--
            (A) a copy of such revised list of recommendations and such 
        revised language,
            (B) a report containing the President's approval, partial 
        approval, or disapproval of the recommendations on the revised 
        list, and
            (C) if the President approves all of the recommendations on 
        the revised list, a certification of such approval.

SEC. 4. INTRODUCTION OF DRAFT LEGISLATION FOR CORPORATE AND FARM 
              SUBSIDY REDUCTION.

    The legislative language transmitted to the Congress under section 
3(d) shall be introduced as a bill by the majority leader of the House 
of Representatives and the majority leader of the Senate.

SEC. 5. JOINT COMMITTEE ON CORPORATE AND FARM SUBSIDY REDUCTION.

    (a) Establishment.--There is established a Joint Committee on 
Corporate and Farm Subsidy Reduction.
    (b) Membership.--
            (1) The Joint Committee shall consist of 22 members as 
        follows:
                    (A) 11 members of the House of Representatives, to 
                be appointed by the majority leader of the House of 
                Representatives, 6 from the majority and 5 from the 
                minority party, and
                    (B) 11 members of the Senate, to be appointed by 
                the majority leader of the Senate, 6 from the majority 
                and 5 from the minority party.
            (2) In making appointments under paragraph (1), the 
        majority leader of the House of Representatives and the 
        majority leader of the Senate shall give due consideration to 
        providing appropriate representation on the Joint Committee to 
        committees of the House and Senate, respectively, which have 
        jurisdiction over matters relating to corporate and farm 
        subsidies.
            (3) The appointments referred to in paragraph (1) shall be 
        made not later than 30 days after the first transmission of 
        recommendations under section 3(b)(1).
    (b) Vacancies.--Vacancies in the membership of the Joint Committee 
shall not affect the power of the remaining members to execute the 
functions of the Joint Committee and shall be filled in the same manner 
as in the case of the original appointment.
    (c) Chairperson and Vice Chairperson.--The Joint Committee shall 
elect a chairperson and vice chairperson from among its members at the 
beginning of each Congress in which the Joint Committee exists. The 
vice chairperson shall be chosen from among the members of that House 
of Congress other than the House of Congress of which the chairperson 
is a member. The vice chairperson shall act in the place and stead of 
the chairperson in the absence of the chairperson.
    (d) Staff.--The Joint Committee is authorized to appoint and fix 
the compensation of such professional and clerical staff and such 
experts as it deems appropriate.
    (e) Legislative Jurisdiction and Powers.--
            (1) Bills introduced under section 4 and other bills and 
        resolutions which if enacted would accomplish the government-
        wide reduction or elimination of corporate and farm subsidies 
        shall be referred to the Joint Committee. The members of the 
        Joint Committee who are Members of the Senate shall from time 
        to time report to the Senate, and the members of the Joint 
        Committee who are Members of the House of Representatives shall 
        from time to time report to the House of Representatives, by 
        bill or otherwise, their recommendations with respect to 
        matters within the jurisdiction of their respective Houses 
        which are referred to the Joint Committee.
            (2) The Joint Committee, or any duly authorized 
        subcommittee thereof, is authorized to sit and act at such 
        places and times and to hold such hearings as it deems 
        appropriate. The Joint Committee, or any duly authorized 
        subcommittee thereof, is authorized to require by subpoena (to 
        be issued under the signature of the chairperson or vice 
        chairperson) or otherwise the attendance of such witnesses and 
        the production of such books, papers, and documents, to 
        administer such oaths and affirmations, to take such testimony, 
        to procure such printing and binding, and to make such 
        expenditures as it deems advisable.
    (f) Expenses.--Notwithstanding any law, rule, or other authority, 
there shall be paid out of the applicable accounts of the House of 
Representatives such sums as may be necessary for \1/2\ of the expenses 
of the Joint Committee. Such payments shall be made on vouchers signed 
by the House of Representatives chairperson or vice chairperson of the 
Joint Committee and approved in the manner directed by the Committee on 
House Oversight of the House of Representatives. Amounts made available 
under this paragraph shall be expended in accordance with regulations 
prescribed by the Committee on House Oversight of the House of 
Representatives.

SEC. 6. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.

    (a) Discharge of Corporate and Farm Subsidy Reduction 
Legislation.--If the Joint Committee has not reported a bill introduced 
under section 4 by the end of the 20-day period beginning on the date 
of such introduction, the Joint Committee shall be, at the end of such 
period, discharged from further consideration of such bill, and such 
bill shall be placed on the appropriate calendar of the House involved.
    (b) Consideration.--(1) On or after the third day after the date on 
which the Joint Committee has reported, or has been discharged (under 
subsection (a)) from further consideration of, a bill introduced under 
section 4, it is in order (even though a previous motion to the same 
effect has been disagreed to) for any Member of the respective House to 
move to proceed to the consideration of such bill (but only on the day 
after the calendar day on which such Member announces to the House 
concerned the Member's intention to do so). All points of order against 
the bill (and against consideration of the bill) are waived. The motion 
is highly privileged in the House of Representatives and is privileged 
in the Senate and is not debatable. The motion is not subject to 
amendment, or to a motion to postpone, or to a motion to proceed to the 
consideration of other business. A motion to reconsider the vote by 
which the motion is agreed to or disagreed to shall not be in order. If 
a motion to proceed to the consideration of the bill is agreed to, the 
respective House 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 respective House until 
disposed of.
    (2) Debate on the subsidy reduction bill, and on all debatable 
motions and appeals in connection therewith, shall be limited to not 
more than 2 hours, which shall be divided equally between those 
favoring and those opposing the bill. An amendment to the bill is not 
in order. A motion further to limit debate is in order and not 
debatable. A motion to postpone, or a motion to proceed to the 
consideration of other business, or a motion to recommit the bill is 
not in order. A motion to reconsider the vote by which the bill is 
agreed to or disagreed to is not in order.
    (3) Immediately following the conclusion of the debate on the 
subsidy reduction bill and a single quorum call at the conclusion of 
the debate (if requested in accordance with the rules of the 
appropriate House), 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 Senate or the House of Representatives, 
as the case may be, to the procedure relating to the subsidy reduction 
bill shall be decided without debate.

SEC. 7. AUTHORITY OF COMMISSION TO IMPLEMENT RECOMMENDATIONS UNLESS 
              CONGRESS ACTS.

    Notwithstanding any other provision of law, upon the expiration of 
the 45-day period beginning on the later of the date of the 
introduction of a bill under section 4 in the House and the date of 
such introduction in the Senate, the Commission shall have the 
authority to reduce or eliminate any corporate or farm subsidy 
identified under section 3(b) to the extent specified in the 
recommendations transmitted under section 3(d), unless--
            (1) a Joint Resolution disapproving of all of such 
        recommendations becomes law before the expiration of such 
        period, or
            (2) a bill introduced under section 4, a bill which the 
        Joint Committee reports under section 6(a), or a bill with 
        respect to which the Joint Committee has been discharged under 
        such section from further consideration, becomes law before the 
        expiration of such period.

SEC. 8. RULES OF THE SENATE AND HOUSE.--

    Sections 5 and 6 are enacted by the Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such 
        sections 5 and 6 are deemed a 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 the subsidy 
        reduction bill, and such sections supersede other rules only to 
        the extent that such sections are inconsistent with such rules; 
        and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating 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. 9. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Chairman'' means the Chairman of the 
        Corporate and Farm Independence Commission.
            (2) The term ``Commission'' means the Corporate and Farm 
        Independence Commission.
            (3) The terms ``corporate subsidy'' and ``farm subsidy''--
                    (A) include spending subsidies (including those for 
                agribusiness and inland waterway operators), tax 
                subsidies, free or below-market-rate services 
                (including grazing on public lands), and trade 
                protections, which are provided by the Federal 
                government to or with respect to any corporation or 
                farm, and
                    (B) do not include any subsidy, service, or 
                protection made or provided directly or indirectly by 
                the Federal government to any Federal entity, Federal 
                agency, government-sponsored enterprise, or Government 
                corporation (as defined in section 9101 of title 31, 
                United States Code).
            (4) The term ``government-sponsored enterprise'' means the 
        Federal National Mortgage Association, the Federal Home Loan 
        Mortgage Corporation, the Federal Home Loan Bank System, the 
        Farm Credit Banks, the Banks for Cooperatives, the Federal 
        Agricultural Mortgage Corporation, the Student Loan Marketing 
        Association, the College Construction Loan Insurance 
        Association, and any of their affiliated or member 
        institutions.
            (5) The term ``Joint Committee'' means the Joint Committee 
        on Corporate and Farm Subsidy Reduction.
            (6) The term ``subsidy reduction bill'' means a bill 
        introduced under section 4 which the Joint Committee has 
        reported or with respect to which the Joint Committee has been 
        discharged under section 6(a) from further consideration.
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HR 2755 IH----2