[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4254 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4254

       To establish a commission on corporate entitlement reform.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2005

Mr. Cooper (for himself, Mr. Costa, Mr. Emanuel, Mr. Ford, Mr. Scott of 
 Georgia, Mr. Ryan of Ohio, Mr. Davis of Tennessee, and Ms. Wasserman 
   Schultz) introduced the following bill; which was referred to the 
 Committee on Government Reform, and in addition to the Committees on 
Ways and Means 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 commission on corporate entitlement reform.

    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 Entitlement Reform Act of 
2005''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Federal financial support for industries and businesses 
        in the United States can serve a significant public purpose by 
        promoting job formation, providing small businesses with access 
        to capital, encouraging minority entrepreneurship, and 
        assisting American companies in competing in the global 
        marketplace.
            (2) Some Federal subsidies, however, either do not provide 
        or no longer provide a public benefit and instead have the 
        effect of providing certain companies or industries with 
        unjustified windfalls or an unfair competitive advantage.
            (3) Such unfair subsidies are a burden on American 
        taxpayers, and it is in the public interest to eliminate 
        corporate subsidies and entitlements that do not serve or no 
        longer serve a significant public interest.
            (4) The elimination or reduction of unnecessary subsidies 
        would also potentially save the Federal government billions of 
        taxpayer dollars per year by reducing inefficient spending and 
        waste.
            (5) A bipartisan commission is essential to conduct a 
        comprehensive review of corporate subsidies and entitlements 
        and to advise Congress on those subsidies and entitlements that 
        should be revised or terminated.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Commission.--The term ``Commission'' means the 
        Corporate Entitlement Reform Commission established pursuant to 
        section 4(a).
            (2) Corporate entitlement.--The term ``corporate 
        entitlement''--
                    (A) means any direct payment, service, tax 
                advantage, tax expenditure, or benefit made by the 
                Federal Government to an entity or industry engaged in 
                a profitmaking enterprise, if such payment, service, or 
                benefit 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;
                    (B) includes spending subsidies and free or below-
                market-rate services which are provided by the Federal 
                Government, or any Federal entity, Federal agency, 
                Government-sponsored enterprise, or Government 
                corporation, to or with respect to any corporation or 
                other profit-making enterprise;
                    (C) does not include any payment, service, tax 
                advantage, benefit, or protection provided directly or 
                indirectly by the Federal Government to--
                            (i) any Federal entity, Federal agency, 
                        Government-sponsored enterprise, or Government 
                        corporation (as defined in section 9101 of 
                        title 31, United States Code);
                            (ii) any State or local government, Indian 
                        Tribe or Alaska Native village, or regional or 
                        village corporation as defined in or 
                        established pursuant to the Alaska Native 
                        Claims Settlement Act (43 U.S.C. 1601 et seq.); 
                        or
                            (iii) any nonprofit organization described 
                        under section 501(c)(3) of the Internal Revenue 
                        Code of 1986 that is exempt from taxation under 
                        section 501(a) of such Code; and
                    (D) does not include any payment, service, tax 
                advantage, benefit or protection provided directly or 
                indirectly by the Federal Government that--
                            (i) is awarded for the purposes of research 
                        and development;
                            (ii) primarily benefits public health, 
                        safety, the environment, or education;
                            (iii) is necessary to comply with 
                        international trade or treaty obligations;
                            (iv) is certified by the United States 
                        Trade Representative as specifically intended 
                        and as substantially needed to protect the 
                        foreign trade interests of the United States; 
                        or
                            (v) is for the purpose of procurement of 
                        property or services by the United States 
                        Government.
            (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.

SEC. 4. THE COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the ``Corporate Entitlement Reform Commission''.
    (b) Duties.--The Commission shall--
            (1) examine the programs and tax laws of the Federal 
        Government and identify programs and tax laws that provide 
        corporate entitlements;
            (2) review corporate entitlements;
            (3) recommend $50,000,000,000 in Federal Government savings 
        for the period beginning on October 1, 2006, and ending on 
        September 30, 2016; and
            (4) transmit the report described in section 5(a) to the 
        Congress.
    (c) Limitations.--
            (1) Creation of new programs or taxes.--This Act is not 
        intended to result in the creation of new programs or taxes, 
        and the Commission established in this section shall limit its 
        activities to reviewing existing programs or tax laws with the 
        goal of ensuring fairness and equity in the operation and 
        application of such programs and laws.
            (2) Elimination of agencies and departments.--The 
        Commission shall limit its recommendations to the termination 
        or reform of payments, benefits, services, or tax advantages, 
        rather than the termination of Federal agencies or departments.
    (d) Advisory Committee.--The Commission shall be considered an 
advisory committee within the meaning of the Federal Advisory Committee 
Act (5 U.S.C. App.).
    (e) Appointment.--
            (1) Members.--The Commission shall be composed of 9 
        members, as follows:
                    (A) 1 member appointed jointly by the Speaker of 
                the House of Representatives and the majority leader of 
                the Senate.
                    (B) 2 members appointed by the Speaker of the House 
                of Representatives.
                    (C) 2 members appointed by the minority leader of 
                the House of Representatives.
                    (D) 2 members appointed by the majority leader of 
                the Senate.
                    (E) 2 members appointed by the minority leader of 
                the Senate.
            (2) Terms of appointment.--The members of the Commission 
        shall be appointed not more than 90 days after the date of the 
        enactment of this Act. The members of the Commission shall 
        serve for the life of the Commission.
            (3) Consultation required.--The Speaker of the House of 
        Representatives, the minority leader of the House of 
        Representatives, the majority leader of the Senate, and the 
        minority leader of the Senate shall consult among themselves 
        prior to the appointment of the members of the Commission in 
        order to achieve, to the maximum extent possible, fair and 
        equitable representation of various points of view with respect 
        to the matters to be studied by the Commission under subsection 
        (b).
            (4) Chair.--The member of the Commission appointed pursuant 
        to paragraph (1)(A) shall serve as Chair of the Commission.
            (5) Background.--The members shall represent a broad array 
        of expertise covering, to the extent practical, all subject 
        matter, programs, and tax laws the Commission is likely to 
        review.
            (6) Restrictions.--The following restrictions shall apply:
                    (A) No member of the Commission shall be a current 
                Member of Congress.
                    (B) No member of the Commission shall be on detail 
                from a Federal agency that deals directly or indirectly 
                with the Federal payments that the Commission intends 
                to review.
                    (C) The Chair of the Commission shall not have 
                served in any of the entities or industries that the 
                Commission intends to review during the 12 months 
                preceding the date of such appointment.
    (f) Meetings.--
            (1) Initial meeting.--Not later than 180 days after the 
        date of the enactment of this Act, the Commission shall conduct 
        its first meeting.
            (2) Open meetings.--Each meeting of the Commission shall be 
        open to the public. In cases where classified information, 
        trade secrets, or personnel matters are discussed, the Chair 
        may close the meeting. All proceedings, information, and 
        deliberations of the Commission shall be available, upon 
        request, to the chairs and ranking members of the relevant 
        committees of Congress.
    (g) Vacancies.--A vacancy on the Commission--
            (1) shall be filled in the same manner as the original 
        appointment not later than 30 days after the Commission is 
        given notice of the vacancy, and
            (2) shall not affect the power of the remaining members to 
        execute the duties of the Commission.
    (h) Pay and Travel Expenses.--
            (1) Pay.--Notwithstanding section 7 of the Federal Advisory 
        Committee Act (5 U.S.C. App.), each Commissioner, other than 
        the Chair, shall be paid at a rate equal to the daily 
        equivalent of the minimum annual rate of basic pay 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) Chair.--Notwithstanding section 7 of the Federal 
        Advisory Committee Act (5 U.S.C. App.), the Chair shall be paid 
        for each day referred to in paragraph (1) at a rate equal to 
        the daily payment 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.
            (3) Travel expenses.--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.
    (i) Director of Staff.--
            (1) Qualifications.--The Chair shall appoint a Director who 
        has not served in any of the entities or industries that the 
        Commission intends to review during the 12 months preceding the 
        date of such appointment.
            (2) Pay.--Notwithstanding section 7 of the Federal Advisory 
        Committee Act (5 U.S.C. App.), 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.
            (3) Reports.--On administrative and personnel matters, the 
        Director shall submit periodic reports to the Chair of the 
        Commission and the chairs and ranking members of the Committee 
        on Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Government Reform of the House of the 
        Representatives.
    (j) Staff.--
            (1) Additional personnel.--Subject to paragraphs (2) and 
        (4), the Director, with the approval of the Commission, may 
        appoint and fix the pay of additional personnel.
            (2) Appointments.--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.
            (3) Detailees.--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 accordance with an agreement entered 
        into with the Commission.
            (4) Restrictions on personnel and detailees.--The following 
        restrictions shall apply:
                    (A) Personnel.--Not more than one-third of the 
                personnel detailed to the Commission may be on detail 
                from Federal agencies that deal directly or indirectly 
                with the Federal payments the Commission intends to 
                review.
                    (B) Analysts.--Not more than one-fifth of the 
                professional analysts of the Commission may be persons 
                detailed from a Federal agency that deals directly or 
                indirectly with the Federal payments the Commission 
                intends to review.
                    (C) Lead analyst.--No person detailed from a 
                Federal agency to the Commission may be assigned as the 
                lead professional analyst with respect to an entity or 
                industry the Commission intends to review if the person 
                has been involved in regulatory or policymaking 
                decisions affecting any such entity or industry in the 
                12 months preceding such assignment.
                    (D) Detailee.--A person may not be detailed from a 
                Federal agency to the Commission if, within 12 months 
                before the detail is to begin, that person participated 
                personally and substantially in any matter within that 
                particular agency concerning the preparation of 
                recommendations under this Act.
                    (E) Federal officer or employee.--No member of a 
                Federal agency, and no officer or employee of a Federal 
                agency, may--
                            (i) prepare any report concerning the 
                        effectiveness, fitness, or efficiency of the 
                        performance on the staff of the Commission of 
                        any person detailed from a Federal agency to 
                        that staff;
                            (ii) review the preparation of such report; 
                        or
                            (iii) approve or disapprove such a report.
                    (F) Limitation on staff size.--
                            (i) Subject to clause (ii), there may not 
                        be more than 25 persons (including any 
                        detailees) on the staff at any time.
                            (ii) The Commission may increase personnel 
                        in excess of the limitation under clause (i) 
                        not less than 15 days after submitting 
                        notification of such increase to the Committee 
                        on Homeland Security and Governmental Affairs 
                        of the Senate and the Committee on Government 
                        Reform of the House of Representatives.
                    (G) Limitation on federal officer.--No member of a 
                Federal agency and no employee of a Federal agency may 
                serve as a Commissioner or receive additional 
                compensation by reason of being a member of the staff.
            (5) Assistance.--
                    (A) In general.--The Comptroller General of the 
                United States may provide assistance, including the 
                detailing of employees, to the Commission in accordance 
                with an agreement entered into with the Commission.
                    (B) Consultation.--The Commission and the 
                Comptroller General of the United States shall consult 
                with the Committee on Homeland Security and 
                Governmental Affairs of the Senate and the Committee on 
                Government Reform of the House of Representatives on 
                the agreement referred to under subparagraph (A) before 
                entering into such agreement.
    (k) 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.--The Commission may lease space and acquire 
        personal property to the extent that funds are available.
    (l) Funding.--
            (1) Commission.--There are authorized to be appropriated to 
        the Commission such funds as are necessary to carry out its 
        duties under this Act.
            (2) Comptroller general.--There are authorized to be 
        appropriated to the Comptroller General such funds as are 
        necessary to carry out its duties under subsection (j)(5) and 
        section 6(a)(2).
    (m) Termination.--The Commission shall terminate 90 days after the 
date the Commission submits its report under section 5(a)(1).

SEC. 5. REPORT; CONGRESSIONAL CONSIDERATION.

    (a) Report of Commission.--
            (1) Report to congress.--
                    (A) In general.--Not later than 1 year after the 
                date of the first meeting of the Commission, the 
                Commission shall transmit to the Congress a report 
                containing--
                            (i) the Commission's findings; and
                            (ii) recommendations agreed to by at least 
                        5 Commission members for the termination, 
                        reduction, or retention of each of the 
                        corporate entitlements reviewed by the 
                        Commission.
                    (B) Specifications.--Such findings and 
                recommendations shall specify--
                            (i) all actions, circumstances, and 
                        considerations relating to or bearing upon the 
                        recommendations; and
                            (ii) to the maximum extent practicable, the 
                        estimated effect of the recommendations upon 
                        the policies, laws, and programs directly or 
                        indirectly affected by the recommendations.
            (2) Review of preliminary report by comptroller general.--
                    (A) In general.--Not later than 120 days before the 
                transmission of the report under paragraph (1), the 
                Commission shall transmit the most recent version of 
                such report to Comptroller General.
                    (B) Analysis by comptroller general.--Not later 
                than 60 days after receiving the version of the report 
                referred to in subparagraph (A), the Comptroller 
                General shall transmit to the Commission a report 
                containing a detailed analysis of such version of the 
                report.
    (b) Recommendations.--
            (1) Transmission to congress.--The report described in 
        subsection (a) shall be transmitted to the Senate and the House 
        of Representatives on the same day, and shall be delivered to 
        the Secretary of the Senate if the Senate is not in session, 
        and to the Clerk of the House of Representatives if the House 
        is not in session.
            (2) Federal register.--Any recommendations and accompanying 
        information transmitted under subsection (a) shall be printed 
        in the first issue of the Federal Register after such 
        transmission.
    (c) Introduction.--
            (1) Date of introduction.--Not later than 75 days after the 
        report is transmitted to Congress pursuant to subsection (a), 
        the majority leader of the Senate or his designee, and the 
        Speaker of the House of Representatives, or his designee, shall 
        introduce a bill (or bills as provided under paragraph (2)) 
        that implements the recommendations included in such report.
            (2) Multiple bills.--The majority leader of the Senate, or 
        his designee, or the Speaker of the House of Representatives, 
        or his designee, shall introduce a bill or separate bills 
        ensuring that all such recommendations shall be implemented.
    (d) Committee Referral and Action.--
            (1) Consideration and report.--Any committee to which a 
        bill or bills introduced under subsection (c) is referred shall 
        report such bill not later than 120 calendar days after the 
        date of referral. No amendment during committee consideration 
        of a bill or bills introduced under subsection (c) shall be in 
        order unless that amendment is confined to terminating or 
        reforming a corporate entitlement. Any such reported bill shall 
        be referred to the Committee on Homeland Security and 
        Governmental Affairs of the Senate or the Committee on 
        Government Reform of the House of Representatives, as 
        applicable.
            (2) Discharge.--If a committee does not report a bill 
        within the 120-day period as provided under paragraph (1), such 
        bill shall be discharged from the committee and referred to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate or the Committee on Government Reform of the House of 
        Representatives, as applicable.
            (3) Report to floor; consolidation.--
                    (A) In general.--Not later than the first day the 
                Senate or the House of Representatives (as applicable) 
                is in session following 10 calendar days in session 
                after the end of the 120-day period described under 
                paragraphs (1) and (2), the Committee on Homeland 
                Security and Governmental Affairs of the Senate and the 
                Committee on Government Reform of the House of 
                Representatives, as applicable, shall--
                            (i) consolidate all bills referred under 
                        paragraphs (1) and (2) into a single bill 
                        (without substantive amendment) and report such 
                        bill to the Senate or the House of 
                        Representatives; or
                            (ii) if only 1 bill is referred under 
                        paragraph (1) or (2), report such bill (without 
                        amendment) to the Senate or House of 
                        Representatives.
                    (B) Legislative calendar.--The bill reported under 
                subparagraph (A) shall be placed on the legislative 
                calendar of the appropriate House.
    (e) Procedure in Senate After Report of Committee; Debate; 
Amendments.--
            (1) Debate on bill.--Debate in the Senate on a bill 
        reported by the Committee on Homeland Security and Governmental 
        Affairs under subsection (d)(3), and all amendments thereto and 
        debatable motions and appeals in connection therewith, shall be 
        limited to not more than 30 hours. The time shall be equally 
        divided between, and controlled by, the majority leader and 
        minority leader or their designees.
            (2) Debate on amendments.--Debate in the Senate on any 
        amendment to the bill shall be limited to 1 hour, to be equally 
        divided between, and controlled by, the mover and the manager 
        of the bill, and debate on any amendment to an amendment, 
        debatable motion, or appeal shall be limited to 30 minutes, to 
        be equally divided between, and controlled by, the mover and 
        the manager of the bill, except that in the event the manager 
        of the bill is in favor of any such amendment, motion, or 
        appeal, the time in opposition thereto shall be controlled by 
        the minority leader or his designee. No amendment shall be 
        agreed to unless three-fifths of the whole number of the Senate 
        votes in favor of such amendment.
            (3) Limit of debate.--
                    (A) A motion to further limit debate is not 
                debatable. A motion by the majority leader or his 
                designee to extend debate is not debatable. A motion to 
                recommit is not in order.
                    (B)(i) No amendment to the bill reported by the 
                Committee on Homeland Security and Governmental Affairs 
                under subsection (d)(3) shall be in order unless--
                            (I) that amendment is confined to 
                        terminating or reforming a corporate 
                        entitlement; and
                            (II) that amendment is germane to the bill 
                        reported by the Committee on Homeland Security 
                        and Governmental Affairs.
                    (ii) For the purposes of a bill described under 
                clause (i), the term ``germane'' means only amendments 
                which strike language from such bill, or restore 
                language in the bill or bills introduced under 
                subsection (c).
            (4) Conference reports.--
                    (A) Motion to proceed.--A motion to proceed to the 
                consideration of the conference report on a bill 
                subject to the procedures of this section and reported 
                to the Senate may be made even though a previous motion 
                to the same effect has been disagreed to.
                    (B) Time limitation.--The consideration in the 
                Senate of the conference report on the bill and any 
                amendments in disagreement thereto, including all 
                debatable motions and appeals in connection therewith, 
                shall be limited to 5 hours, to be equally divided 
                between, and controlled by, the majority leader and 
                minority leader or their designees. Debate on any 
                debatable motion, appeal related to the conference 
                report, or any amendment to an amendment in 
                disagreement, shall be limited to 30 minutes, to be 
                equally divided between, and controlled by, the mover 
                and the manager of the conference report (or a message 
                between Houses).
    (f) Procedure in House of Representatives After Report of the 
Committee; Debate.--
            (1) Motion to consider.--When the Committee on Government 
        Reform of the House of Representatives reports a bill under 
        subsection (d)(3) it is in order (at any time after the fifth 
        day (excluding Saturdays, Sundays, and legal holidays) 
        following the day on which any committee report filed on a bill 
        referred under subsection (d)(1) to the Committee on Government 
        Reform has been available to Members of the House) to move to 
        proceed to the consideration of the bill reported to the House 
        of Representatives. The motion is highly privileged and is not 
        debatable. An amendment to the motion is not in order, and it 
        is not in order to move to reconsider the vote by which the 
        motion is agreed to or disagreed to.
            (2) Debate.--General debate on the bill in the House of 
        Representatives shall be limited to not more than 10 hours, 
        which shall be divided equally between the majority and 
        minority parties. A motion further to limit debate is not 
        debatable. A motion to postpone debate is not in order, and it 
        is not in order to move to reconsider the vote by which the 
        bill is agreed to or disagreed to.
            (3) Terms of consideration.--Consideration of the bill by 
        the House of Representatives shall be in the Committee of the 
        Whole, and the bill shall be considered for amendment under the 
        5-minute rule in accordance with the applicable provisions of 
        rule XVIII of the Rules of the House of Representatives. No 
        amendment shall be agreed to unless three-fifths of the whole 
        number of the House of Representatives votes in favor of such 
        amendment. After the committee rises and reports the bill back 
        to the House, the previous question shall be considered as 
        ordered on the bill and any amendments thereto to final passage 
        without intervening motion.
            (4) Limit on debate.--Debate in the House of 
        Representatives on the conference report on a bill subject to 
        the procedures under this section and reported to the House of 
        Representatives shall be limited to not more than 5 hours, 
        which shall be divided equally between the majority and 
        minority parties. A motion further to limit debate is not 
        debatable. A motion to recommit the conference report is not in 
        order, and it is not in order to move to reconsider the vote by 
        which the conference report is agreed to or disagreed to. A 
        motion to postpone is not in order.
            (5) Appeals.--Appeals from decisions of the Chair relating 
        to the application of the Rules of the House of Representatives 
        to the procedure relating to the bill shall be decided without 
        debate.
    (d) 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 the House of Representatives, respectively, but applicable 
        only with respect to the procedure to be followed in that House 
        in the case of a bill under this section, 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 as 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.
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