I

103D CONGRESS

1ST SESSION H. R. 3483

To establish a Mandatory Spending Control Commission to determine

appropriate methods to limit the growth of mandatory spending.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 9, 1993

Mr. SCHAEFER introduced the following bill; which was referred jointly to the

Committees on Government Operations and Rules

A BILL

To establish a Mandatory Spending Control Commission to

determine appropriate methods to limit the growth of

mandatory spending.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Mandatory Spending

5 Control Act of 1993’’.

6 SEC. 2. PURPOSE.

7 The purpose of this Act is to determine appropriate

8 methods for limiting the growth of mandatory spending,

9 including decreased funding levels, growth limits, and im10 proved cost efficiency.
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1 SEC. 3. MANDATORY SPENDING CONTROL COMMISSION.

2 (a) ESTABLISHMENT.—There is established an inde3 pendent commission to be known as the ‘‘Mandatory

4 Spending Control Commission’’.

5 (b) DUTIES.—The Commission shall carry out the

6 duties specified for it in this Act.

7 (c) APPOINTMENT.—(1)(A) The Commission shall be

8 composed of 9 members appointed by the President, by

9 and with the advice and consent of the Senate.

10 (B) By January 1, 1995, the President shall submit

11 to the Senate the nominations of those first appointed to

12 the Commission.

13 (2) In selecting individuals for nominations for ap14 pointments to the Commission, the President should con15 sult with—

16 (A) the Speaker of the House of Representa17 tives concerning the appointment of 2 members;

18 (B) the majority leader of the Senate concern19 ing the appointment of 2 members;

20 (C) the minority leader of the House of Rep21 resentatives concerning the appointment of 1 mem22 ber; and

23 (D) the minority leader of the Senate concern24 ing the appointment of 1 member.

25 (3) At the time the President nominates individuals

26 for appointment to the Commission, the President shall
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1 designate 1 such individual to serve as Chairman of the

2 Commission.

3 (4) A vacancy in the Commission shall be filled in

4 the manner in which the original appointment was made.

5 (d) TERMS.—(1) Except as provided by paragraphs

6 (2) and (3), members (including the member designated

7 as chairman) shall be appointed for terms of 3 years.

8 (2) Of the members first appointed—

9 (A) 1 appointed in consultation with the Speak10 er, 1 appointed in consultation with the majority

11 leader of the Senate, and 1 appointed by the Presi12 dent shall be appointed for terms of 1 year; and

13 (B) 1 appointed in consultation with the minor14 ity leader of the House of Representatives, 1 ap15 pointed in consultation with the minority leader of

16 the Senate, and 1 appointed by the President shall

17 be appointed for terms of 2 years.

18 (3) Any member appointed to fill a vacancy occurring

19 before the expiration of the term for which his predecessor

20 was appointed shall be appointed only for the remainder

21 of that term. A member may serve after the expiration

22 of his term until his successor has taken office. No individ23 ual may serve on the Commission for more than 1 term.
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1 (e) MEETINGS.—(1) Each meeting of the Commis2 sion, other than meetings in which classified information

3 is to be discussed, shall be open to the public.

4 (2) All the proceedings, information, and delibera5 tions of the Commission shall be open, upon request, to

6 the chairman and ranking minority party member of the

7 Committee on the Budget of each House of Congress.

8 (f) PAY AND TRAVEL EXPENSES.—(1)(A) Each

9 member, other than the Chairman, shall be paid at a rate

10 equal to the daily equivalent of the minimum annual rate

11 of basic pay payable for level IV of the Executive Schedule

12 under section 5315 of title 5, United States Code, for each

13 day (including travel time) during which the member is

14 engaged in the actual performance of duties vested in the

15 Commission.

16 (B) The Chairman shall be paid for each day referred

17 to in subparagraph (A) at a rate equal to the daily equiva18 lent of the minimum annual rate of basic pay payable for

19 level III of the Executive Schedule under section 5314 of

20 title 5, United States Code.

21 (2) Members shall receive travel expenses, including

22 per diem in lieu of subsistence, in accordance with sections

23 5702 and 5703 of title 5, United States Code.

24 (g) DIRECTOR OF STAFF.—(1) The Commission

25 shall, without regard to section 5311(b) of title 5, United
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1 States Code, appoint a Director who has not served as

2 a Federal employee during the one-year period preceding

3 the date of such appointment.

4 (2) The Director shall be paid at the rate of basic

5 pay payable for level IV of the Executive Schedule under

6 section 5315 of title 5, United States Code.

7 (h) STAFF.—(1) Subject to paragraphs (2) and (3),

8 the Director, with the approval of the Commission, may

9 appoint and fix the pay of additional personnel.

10 (2) The Director may make such appointments with11 out regard to the provisions of title 5, United States Code,

12 governing appointments in the competitive service, and

13 any personnel so appointed may be paid without regard

14 to the provisions of chapter 51 and subchapter III of chap15 ter 53 of that title relating to classification and General

16 Schedule pay rates, except that an individual so appointed

17 may not receive pay in excess of the maximum annual rate

18 of basic pay payable for a position above GS–15 of the

19 General Schedule.

20 (3) Not more than one-third of the personnel em21 ployed by or detailed to the Commission may be on detail

22 from any Government agency or from the legislative

23 branch.

24 (4) Upon request of the Chairman, the head of any

25 Federal department or agency may detail any of the per-
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1 sonnel of that department or agency to the Commission

2 to assist the Commission in carrying out its duties under

3 this Act.

4 (i) CONSULTANTS AND PROPERTY.—(1) The Com5 mission may procure by contract, to the extent funds are

6 available, the temporary or intermittent services of experts

7 or consultants pursuant to section 3109 of title 5, United

8 States Code.

9 (2) The Commission may lease space and acquire per10 sonal property to the extent funds are available.

11 (j) FUNDING.—There are authorized to be appro12 priated $3,000,000 to the Commission for fiscal year 1995

13 and for each subsequent fiscal year to carry out its duties

14 under this Act. Upon confirmation of all Commissioners,

15 each cabinet level department shall transfer from its ad16 ministrative expenses account necessary funding to the

17 Commission on a pro rata basis based on that depart18 ment’s funding percentage of the total executive branch

19 budget.

20 (k) TERMINATION.—The Commission shall terminate

21 on the thirtieth calendar day beginning after the President

22 notifies the Commission, in writing, that the budget has

23 been in balance (or in surplus) for two consecutive fiscal

24 years, unless, as a part of that notificiation, the President
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1 states that for budgetary reasons he has determined that

2 the Commission shall not so terminate.

3 SEC. 4. PROCEDURE FOR MAKING RECOMMENDATION FOR

4 PROPOSED CUTS.

5 (a) REVIEW AND RECOMMENDATIONS BY THE COM6 MISSION.—(1) Before May 15 of each calendar year, the

7 Commission shall examine and review all mandatory

8 spending programs, and conduct public hearings, to deter9 mine appropriate methods for limiting the growth of these

10 programs to 103 percent of aggregate spending for man11 datory programs for the preceding fiscal year.

12 (2) The Commission shall request recommendations

13 for mandatory spending reductions from the heads of exec14 utive departments and agencies, chairmen of congressional

15 committees, the Director of the Congressional Budget Of16 fice, the Director of the Office of Management and Budg17 et, the Director of the General Accounting Office, and any

18 other persons who may be of assistance. These heads shall

19 also provide to the Commission information respecting

20 programs within their jurisdiction. The Commission may

21 also consider unsolicited comments.

22 (3) Individuals named in paragraph (2) shall endeav23 or to promptly comply with requests made to them by the

24 Commission under that paragraph.
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1 (b) The Commission shall, by May 15th, transmit to

2 the President a report containing the Commission’s find3 ings and conclusions based on a review and analysis of

4 the recommendations.

5 (c) REVIEW BY THE PRESIDENT.—The President

6 shall, by June 1st, transmit to the Commission a report

7 containing the President’s comments and suggestions re8 specting the Commission’s recommendations.

9 (d) FINAL RECOMMENDATIONS.—After reviewing the

10 comments and suggestions of the President, the Commis11 sion shall transmit, by June 15th, a report of its final

12 recommendations to the Congress and to the public. This

13 report shall take into account any net reduction in spend14 ing for mandatory programs set forth in the concurrent

15 resolution on the budget (as agreed to) for the fiscal year

16 covered by the report. If that concurrent resolution is in

17 compliance with the growth limitation provision for that

18 fiscal year as set forth in subsection (a)(1), then the report

19 of the Commission shall recommend no congressional ac20 tion respecting that fiscal year.

21 (e) GROWTH LIMITATION.—All reports described in

22 this section shall be in full compliance with the growth

23 limitation provision of subsection (a)(1).
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1 (f) CRITERIA FOR RECOMMENDATIONS.—All reports

2 described in this section shall set forth the criteria upon

3 which its recommendations are based.

4 SEC. 5. CONGRESSIONAL CONSIDERATION OF COMMIS5 SION’S REPORT.

6 (a) DEFINITIONS.—For purposes of this section—

7 (1) the term ‘‘implementing bill’’ means only a

8 bill which is introduced as provided under subsection

9 (b), and contains the proposed legislative rec10 ommendations contained in the final report submit11 ted to the Congress under section 4(e) without modi12 fication; and

13 (2) the term ‘‘session day’’ means a day that ei14 ther the Senate or the House of Representatives is

15 in session.

16 (b) INTRODUCTION.—On the fifth calendar day be17 ginning after the date on which a final report is submitted

18 to the Congress under section 4(e), an implementing bill

19 shall be introduced—

20 (1) in the Senate by the majority leader for

21 himself and the minority leader; and

22 (2) in the House of Representatives by the ma23 jority leader for himself and the minority leader.

24 (c) DISCHARGE.—If the committee to which an im25 plementing bill is referred has not reported that bill within
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1 one month, that committee shall be immediately dis2 charged from further consideration of such bill, and such

3 bill shall be placed on the appropriate calendar of the

4 House involved.

5 (d) CONSIDERATION.—(1)(A) On or after the first

6 day after the date on which the committee to which an

7 implementing bill is referred has reported, or has been dis8 charged (under subsection (c)) from further consideration

9 of, such a bill, it is in order (even though a previous mo10 tion to the same effect has been disagreed to) for any

11 member of the House of Representatives or the Senate,

12 respectively, to move to proceed to the consideration of

13 the bill (but only the day after the calendar day on which

14 the member announces to the House concerned the mem15 ber’s intention to do so).

16 (B) All points of order against an implementing bill

17 (and against consideration of that bill) are waived except

18 the point of order set forth in subsection (g).

19 (C)(i) A motion to proceed to the consideration of an

20 implementing bill is highly privileged in the House of Rep21 resentatives and is privileged in the Senate and is not de22 batable.

23 (ii) A motion described in clause (i) is not subject

24 to amendment, to a motion to proceed to the consideration

25 of other business, or to a motion to table.
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1 (iii) A motion to reconsider the vote by which a mo2 tion described in clause (i) is agreed to or not agreed to

3 shall not be in order.

4 (iv) If a motion described in clause (i) is agreed to,

5 the House of Representatives or the Senate, as the case

6 may be, shall immediately proceed to consideration of the

7 bill without intervening motion, order, or other business,

8 and the bill shall remain the unfinished business of the

9 House of Representatives or the Senate, as the case may

10 be, until disposed of.

11 (2)(A) Debate on an implementing bill and on all de12 batable motions and appeals in connection therewith shall

13 be limited to not more than 4 hours in the House of Rep14 resentatives and 10 hours in the Senate, which shall be

15 divided equally between those favoring and those opposing

16 the bill.

17 (B) An amendment to an implementing bill is not in

18 order. This provision is not subject to a motion to suspend,

19 nor can a unanimous consent agreement wave this section.

20 (C) A motion further to limit debate on an imple21 menting bill is in order and not debatable.

22 (D) A motion to postpone consideration of an imple23 menting bill, a motion to proceed to the consideration of

24 other business, a motion to table, or a motion to recommit

25 the bill is not in order.
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1 (E) A motion to reconsider the vote by which an im2 plementing bill is agreed to or not agreed to is not in

3 order.

4 (3) Immediately following the conclusion of the de5 bate on an implementing bill and a single quorum call at

6 the conclusion of the debate if requested in accordance

7 with the rules of the House of Representatives or the Sen8 ate, as the case may be, the vote on final passage of the

9 bill shall occur.

10 (4) Appeals from the decisions of the Chair relating

11 to the application of the rules of the House of Representa12 tives or of the Senate, as the case may be, to the procedure

13 relating to an implementing bill shall be decided without

14 debate.

15 (e) CONSIDERATION BY OTHER HOUSE.—(1) If, be16 fore the passage by one House of an implementing bill

17 that was introduced in that House, that House receives

18 from the other House an implementing bill—

19 (A) the bill of the other House shall not be re20 ferred to a committee and may not be considered in

21 the House that receives it otherwise than on final

22 passage under subparagraph (B)(ii); and

23 (B)(i) the procedure in the House that receives

24 such a bill with respect to such a bill that was intro-
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1 duced in that House shall be the same as if no bill

2 had been received from the other House; but

3 (ii) the vote on final passage shall be on the bill

4 of the other House.

5 (2) Upon disposition of an implementing bill that is

6 received by one House from the other House, it shall no

7 longer be in order to consider such a bill that was intro8 duced in the receiving House.

9 (f) DATE CERTAIN.—If the Senate and the House of

10 Representatives have not acted upon the implementing bill

11 by July 20th, then on that day or the next day of session

12 thereafter the bill shall be called up by the Presiding Offi13 cer of each House upon convening and a roll call vote shall

14 be conducted on passage, but after that House of Congress

15 has debated the bill pursuant to the provisions of sub16 sections (d)(2)(A) and (C). If the bill passes one House,

17 the bill shall be transmitted on the same legislative day

18 to the other House and that House shall vote on passage

19 of that bill on its next session day.

20 (g) POINT OF ORDER.—It shall not be in order in

21 the House of Representatives or the Senate to consider

22 any implementing bill that is not in full compliance with

23 the growth limitation provision of section 4(a)(1) or that

24 contains any provision that increases taxes.
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1 (h) RULES OF THE SENATE AND HOUSE OF REP2 RESENTATIVES.—This section is enacted by Congress—

3 (1) as an exercise of the rulemaking power of

4 the Senate and House of Representatives, respec5 tively, and is deemed to be part of the rules of each

6 House, respectively, but applicable only with respect

7 to the procedure to be followed in that House in the

8 case of an implementing bill, and it supersedes other

9 rules only to the extent that it is inconsistent with

10 such rules; and

11 (2) with full recognition of the constitutional

12 right of either House to change the rules (so far as

13 they relate to the procedure of that House) at any

14 time, in the same manner, and to the same extent

15 as in the case of any other rule of that House.

16 SEC. 6. BUDGET OUTLAY REDUCTIONS PERMANENT.

17 All obligational authority reduced pursuant to this

18 Act shall be done in a manner that shall make such reduc19 tions permanent.

20 SEC. 7. ADDITIONAL ENFORCEMENT PROVISIONS.

21 No reductions in direct spending pursuant to this Act

22 shall be treated as a net deficit decrease for purposes of

23 section 252 of the Balanced Budget and Emergency Defi24 cit Control Act of 1985.
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1 SEC. 8. COMPLIANCE REPORT BY COMPTROLLER GEN2 ERAL.

3 Within 15 days after the end of a session of Congress,

4 the Comptroller General shall submit to the Congress and

5 the President a report stating whether the requirements

6 of this Act have been complied with and indicating the

7 respects (if any) in which they have not.

8 SEC. 9. DEFINITIONS AND SCOREKEEPING.

9 (a) DEFINITION.—(1) As used in this Act, the term

10 ‘‘direct spending’’ has the meaning given to that term by

11 section 250(c) of the Balanced Budget and Emergency

12 Deficit Control Act of 1985.

13 (2) As used in this Act, the term ‘‘mandatory spend14 ing’’ has the meaning given to ‘‘direct spending’’ by sec15 tion 250(c) of the Balanced Budget and Emergency Defi16 cit Control Act of 1985, except that, for purposes of this

17 Act only, it includes social security and excludes net inter18 est and deposit insurance.

19 (b) SCOREKEEPING.—The Congressional Budget Of20 fice shall prepare all necessary estimates to carry out this

21 Act in conformance with its scorekeeping guidelines.

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