[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1235 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1235

 To establish a Corporate Welfare Reduction Commission, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 8, 1997

  Mr. Dickey introduced the following bill; which was referred to the 
 Committee on Government Reform and Oversight, 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 Welfare Reduction 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 Act may be cited as the ``Corporate Welfare Reduction Act''.

SEC. 2. CORPORATE WELFARE REDUCTION COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the ``Corporate Welfare Reduction Commission''.
    (b) Purpose.--The purpose of the Commission is to recommend 
reductions in corporate subsidies to reduce the Federal budget deficit 
in accordance with this Act.
    (c) Appointment.--
            (1) Number of members.--The Commission shall be composed of 
        7 members appointed by the President.
            (2) Time of appointments.--The President shall appoint the 
        members of the Commission not later than the first day of the 
        first session of the first Congress beginning after the date of 
        the enactment of this Act, or as soon thereafter as is 
        practicable.
            (3) Chairperson.--The Commission shall designate a 
        chairperson from among its members.
    (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.--The President shall fill any vacancy occurring in 
the Commission.
    (g) Pay and Travel Expenses.--
            (1) Pay.--Subject to paragraph (3), each member of the 
        Commission shall be paid at a rate not to exceed 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, for each day (including travel time) during which 
        the member is engaged in the actual performance of duties 
        vested in the Commission.
            (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 to carry out the functions 
        of the Commission.
            (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 
        the 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 functions under this Act.
    (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 functions under 
this Act. Such funds shall remain available until expended.
    (l) Termination.--The Commission shall terminate on December 31 of 
the year of the first session of the fourth Congress beginning after 
the date of the enactment of this Act.

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

    (a) Criteria.--
            (1) In general.--Not later than 6 months after the first 
        day of the first session of the first Congress beginning after 
        the date of the enactment of this Act, the Commission shall 
        publish in the Federal Register and transmit to the Congress a 
        preliminary draft of the criteria which the Commission proposes 
        should be used in making recommendations for reductions in 
        corporate subsidies under this Act. Before the publication 
        required by this paragraph, the Commission 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 Commission shall provide the public 
        with appropriate notice of such opportunity to comment and of 
        such hearing.
            (2) Factors considered.-- In developing the criteria, the 
        Commission 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; and
                    (C) the number, type, and size of businesses 
                affected by any such reduction.
            (3) Publication and transmission.--Not later than the last 
        day of the first session of the first Congress beginning after 
        the date of the enactment of this Act, the Commission shall 
        publish in the Federal Register and transmit to the Congress 
        the final criteria for making recommendations for reductions in 
        corporate subsidies under this Act.
            (4) Availability of information.--The Commission shall make 
        available to the Comptroller General of the United States all 
        information used by the Commission in formulating the criteria.
    (b) Review and Recommendations by the Commission.--
            (1) In general.--By not later than the last day of the 
        first session of each Congress occurring during the life of the 
        Commission, the Commission shall identify 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 the final criteria referred to in subsection (a).
            (2) Additional contents of report.--The Commission, with 
        each list of recommendations published and transmitted under 
        paragraph (1)--
                    (A) shall include--
                            (i) a summary of the selection process that 
                        resulted in the recommendations; and
                            (ii) with respect to each subsidy which the 
                        Commission recommends to be reduced or 
                        eliminated, an analysis of the savings that 
                        would result from such elimination or 
                        reduction; and
                    (B) may include legislative language which if 
                enacted would have the effect of carrying out the 
                corporate subsidy reductions which are recommended by 
                the Commission on such list.
            (3) 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 Commission 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.

SEC. 4. 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).
    (c) 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.
    (d) 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.
    (e) 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.
    (f) Legislative Jurisdiction and Powers.--
            (1) Preparation and introduction of legislative language to 
        implement commission recommendations.--By not later than 3 
        months after the beginning of the second session of each 
        Congress, until the Joint Committee terminates under subsection 
        (h), the Joint Committee shall prepare, and the chairperson 
        shall introduce, in the House in which the chairperson is a 
        Member, and the vice chairperson shall introduce, in the House 
        in which the vice chairperson is a Member, a bill which, if 
        enacted, would have the effect of carrying out the corporate 
        subsidy reductions which are recommended by the Commission in 
        the report submitted under section 3(b) in the preceding 
        session of that Congress. Each bill under this paragraph shall 
        be introduced on the same day.
            (2) Legislative jurisdiction.--Bills introduced under 
        paragraph (1) 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.
            (3) 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 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.
    (g) 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 
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.
    (h) Termination.--The Joint Committee shall terminate on December 
31 of the year of the second session of the fourth Congress beginning 
after the date of the enactment of this Act.

SEC. 5. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.

    (a) Amendments in Order.--It shall be in order for the Joint 
Committee to consider amendments to any bill which is referred to the 
Joint Committee.
    (b) Discharge of Corporate Subsidy Reduction Legislation.--If the 
Joint Committee has not reported a bill introduced under section 
4(f)(1) by the end of the 3-month 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.
    (c) 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 (b)) from further consideration 
        of, a bill introduced under section 4(f)(1), 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. 6. RULES OF THE SENATE AND HOUSE.

    Sections 4 and 5 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 4 and 5 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. 7. DEFINITIONS.

    For purposes of this Act:
            (1) Commission.--The term ``Commission'' means the 
        Corporate Welfare Reduction Commission.
            (2) Corporate subsidy.--The term ``corporate subsidy''--
                    (A) means any direct payment, service, or benefit 
                made by the Federal Government to an entity or industry 
                engaged in a profitmaking enterprise, if such payment, 
                service, or benefit--
                            (i) predominantly serves the pecuniary 
                        interests of the specific entity or industry 
                        rather than a clear and compelling public 
                        interest;
                            (ii) provides an unfair competitive 
                        advantage to one entity within an industry or 
                        market segment, or to one particular industry;
                            (iii) is provided without a reasonable 
                        expectation that actions or activities 
                        undertaken or performed in return for such 
                        payment, service, or benefit would result in a 
                        return or benefit to the public at least as 
                        great as the payment, service, or benefit; or
                            (iv) has the effect of creating any other 
                        inequitable Federal direct or indirect benefit;
                    (B) includes spending subsidies (including those 
                for inland waterway operators) and free or below-
                market-rate services which are provided by the Federal 
                Government to or with respect to any corporation or 
                other profit-making enterprise;
                    (C) 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), but does include any subsidy 
                within the meaning of subparagraph (A) or (B) provided 
                by any such Federal entity, Federal agency, government-
                sponsored enterprise, or Government corporation to an 
                entity or industry engaged in a profitmaking 
                enterprise; and
                    (D) does not include any tax benefit or advantage.
            (3) 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.
            (4) Joint committee.--The term ``Joint Committee'' means 
        the Joint Committee on Corporate Subsidy Reduction.
            (5) Subsidy reduction bill.--The term ``subsidy reduction 
        bill'' means a bill introduced under section 4(f)(1) which the 
        Joint Committee has reported or with respect to which the Joint 
        Committee has been discharged under section 5(b) from further 
        consideration.
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