[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3351 Introduced in House (IH)]

  2d Session
                                H. R. 3351

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 1996

 Mr. Foglietta (for himself, Mr. Bonior, Mr. Waxman, Ms. McKinney, Mr. 
Rahall, Mr. Kleczka, Mr. Watt of North Carolina, Mr. Minge, Mr. Moran, 
Mr. Lantos, Mr. Kennedy of Massachusetts, Mr. Coleman, Ms. Norton, Mr. 
 Barrett of Wisconsin, Mr. Evans, Ms. Rivers, Mr. Filner, Mr. Deutsch, 
 Mr. Serrano, Mr. Lipinski, and Mr. Hinchey) introduced the following 
  bill; which was referred to the Committee on Ways and Means, and in 
  addition to the Committee on 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 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 Welfare Reform Act''.

SEC. 2. CORPORATE INDEPENDENCE COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the ``Corporate Independence Commission'' to study 
reductions in corporate 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) Number of members.--The Commission shall be composed of 
        eight members appointed by the President.
            (2) Time of appointments.--The President shall appoint the 
        members of the Commission not later than 6 months after the 
        date of the enactment of this Act.
            (3) Consultation.--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) Chairman.--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) Pay.--
                    (A) In general.--Each member of the Commission, 
                other than the Chairman, shall be paid at a rate not to 
                exceed 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) Chairman.--The Chairman shall be paid for each 
                day referred to in subparagraph (A) at a rate not to 
exceed 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) Travel expenses.--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) In general.--The Commission shall appoint a Director.
            (2) Pay.--The Director shall be paid at a rate not to 
        exceed 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) In general.--Subject to paragraphs (2) and (3), the 
        Director, with the approval of the Commission, may appoint and 
        fix the pay of additional personnel.
            (2) Appointment and pay.--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) Detailing from federal departments and agencies.--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) Assistance from comptroller general.--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) Experts and consultants.--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) Leasing and personal property.--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 SUBSIDY 
              REDUCTIONS.

    (a) Criteria.--
            (1) In general.--Not later than 8 months after the date of 
        the enactment of this Act, the Chairman of the Commission 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 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) Factors considered.-- In developing the criteria, the 
        Chairman shall consider--
                    (A) the income categories of individuals affected 
                by any reduction in corporate 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) Publication and transmission.--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 subsidies under this Act.
            (4) Availability of information.--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) In general.--Once during the term of every Congress, 
        for the life of the Commission, the Commission shall identify 
        and review corporate subsidies and shall publish in the Federal 
        Register and transmit to the President and the Congress a 
        report containing a list of corporate 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) Date of submission.--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) Recommendations.--In each report required by paragraph 
        (1), the Commission shall recommend corporate subsidy 
        reductions sufficient to raise the appropriate amount of 
        revenue in each of the first 2 fiscal years (or 1 fiscal year, 
        in the case of the 4th such report) 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.............   $3,000,000,000 
  The 2d beginning after the 1st report..............   $3,000,000,000 
  The 1st beginning after the 2d report..............   $5,000,000,000 
  The 2d beginning after the 2d report...............   $5,000,000,000 
  The 1st beginning after the 3d report..............   $7,000,000,000 
  The 2d beginning after the 3d report...............  $12,000,000,000 
  The 1st beginning after the 4th report.............  $15,000,000,000.
            (4) Public hearings.--Before the transmission of any report 
        under paragraph (1), the Commission shall conduct public 
        hearings on the recommendations contained in such report.
            (5) Additional contents of report.--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 
                subsidy reductions which are recommended by the 
                Commission on such list.
            (6) Recommendations for alternative methods of funding.--
        The Commission may include, with such list, recommendations for 
        alternative methods for funding some or all of the corporate 
        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) Availability of information.--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) Notice of approval, disapproval, or partial approval.--
        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) Transmission if approval.--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) Transmission and revised list if disapproval.--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 subsidy reductions and 
        revised legislative language which if enacted would have the 
        effect of carrying out all corporate subsidy reductions which 
        are recommended by the Commission on such revised list.
            (4) Transmission after revised recommendations.--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 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 SUBSIDY REDUCTION.

    (a) Establishment.--There is established a Joint Committee on 
Corporate Subsidy Reduction.
    (b) Membership.--
            (1) In general.--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.
                    (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) Manner of appointments.--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 subsidies.
            (3) Time of appointments.--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) Chairman and Vice Chairman.--The Joint Committee shall elect a 
chairman and vice chairman from among its members at the beginning of 
each Congress in which the Joint Committee exists. The vice chairman 
shall be chosen from among the members of that House of Congress other 
than the House of Congress of which the chairman is a member. The vice 
chairman shall act in the place and stead of the chairman in the 
absence of the chairman.
    (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) Legislative jurisdiction.--Bills introduced under 
        section 4 and other bills and resolutions which if enacted 
        would accomplish the government-wide reduction or elimination 
        of corporate 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) Powers.--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 chairman or vice chairman) 
        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) House of Representatives 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 one-half of the expenses of the Joint Committee. Such payments 
shall be made on vouchers signed by the House of Representatives 
chairman or vice chairman 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 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) In general.--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, etc.--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) Vote.--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.--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 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) Chairman.--The term ``Chairman'' means the Chairman of 
        the Corporate Independence Commission.
            (2) Commission.--The term ``Commission'' means the 
        Corporate Independence Commission.
            (3) Corporate subsidy.--The term ``corporate subsidy''--
                    (A) includes spending subsidies (including those 
                for inland waterway operators), tax subsidies, free or 
                below-market-rate services, and trade protections, 
                which are provided by the Federal government to or with 
                respect to any corporation, and
                    (B) does not include any subsidy, service, or 
                protection 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) Government-sponsored enterprise.--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) Joint committee.--The term ``Joint Committee'' means 
        the Joint Committee on Corporate Subsidy Reduction.
            (6) Subsidy reduction bill.--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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