[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 515 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 515
To establish a commission on corporate entitlement reform.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 17, 2007
Mr. Cooper introduced the following bill; which was referred to the
Committee on Oversight and 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
2007''.
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, 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, 2007, and ending on
September 30, 2017; 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 Oversight and 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 Oversight
and 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
Oversight and 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
Oversight and 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 Oversight and 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 Oversight and 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 Oversight
and 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
Oversight and 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.
(g) 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.
<all>