I
104TH CONGRESS
1ST SESSION
H. R. 2755
To establish a Corporate and Farm Independence Commission, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 11, 1995
Mr. FOGLIETTA (for himself, Mr. SCHUMER, Mr. MCDERMOTT, Mr. OWENS,
and Mr. DELLUMS) introduced the following bill; which was referred to
the Committee on Ways and Means, and in addition to the Committees
on Agriculture, Transportation and Infrastructure, Resources, 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 Corporate and Farm Independence
Commission, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This title may be cited as the ‘‘Corporate and Farm
Independence Act’’.
SEC. 2. CORPORATE AND FARM INDEPENDENCE COMMIS-
SION.
(a) ESTABLISHMENT.—There is established an inde-
pendent commission to be known as the ‘‘Corporate and
Farm Independence Commission’’ to study reductions in
corporate and farm subsidies to reduce the Federal budget
deficit.
(b) DUTIES.—The Commission shall carry out the
duties specified for it in this Act.
(c) APPOINTMENT.—(1) The Commission shall be
composed of eight members appointed by the President.
(2) The President shall appoint the members of the
Commission not later than 6 months after the date of the
enactment of this Act.
(3) In selecting individuals for appointments to the
Commission, the President shall consult with—
(A) the Speaker of the House of Representa-
tives concerning the appointment of two members;
(B) the majority leader of the Senate concern-
ing the appointment of two members;
(C) the minority leader of the House of Rep-
resentatives concerning the appointment of one
member; and
(D) the minority leader of the Senate concern-
ing the appointment of one member.
(4) At the time the President appoints members to
the Commission, the President shall designate one such
individual who shall serve as Chairman of the Commission.
(d) TERMS.—Each member of the Commission shall
be appointed to serve for the life of the Commission.
(e) MEETINGS.—Each meeting of the Commission,
other than meetings in which classified information is to
be discussed, shall be open to the public.
(f) VACANCIES.—A vacancy in the Commission shall
be filled in the same manner as the original appointment.
(g) PAY
AND TRAVEL EXPENSES.—(1)(A) Each
member of the Commission, other than the Chairman,
shall be paid at a rate equal to the daily equivalent of
the minimum annual rate of basic pay payable for level
IV of the Executive Schedule under section 5315 of title
5, United States Code, for each day (including travel time)
during which the member is engaged in the actual per-
formance of duties vested in the Commission.
(B) The Chairman shall be paid for each day referred
to in subparagraph (A) at a rate equal to the daily equiva-
lent of the minimum annual rate of basic pay payable for
level III of the Executive Schedule under section 5314 of
title 5, United States Code.
(2) Members of the Commission shall receive travel
expenses, including per diem in lieu of subsistence, in ac-
cordance 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 Mem-
bers of Congress, may not receive additional pay, allow-
ances, or benefits by reason of their service on the Com-
mission.
(h) DIRECTOR OF STAFF.—(1) The Commission shall
appoint a Director.
(2) 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.
(i) STAFF.—(1) Subject to paragraphs (2) and (3),
the Director, with the approval of the Commission, may
appoint and fix the pay of additional personnel.
(2) The Director may make such appointments with-
out 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 chap-
ter 53 of that title (relating to classification and General
Schedule pay rates), except that an individual so ap-
pointed 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) Upon request of the Director, the head of any
Federal department or agency may detail any of the per-
sonnel of that department or agency to the Commission
to assist the Commission in carrying out its duties under
this Act.
(4) The Comptroller General of the United States
shall provide assistance, including the detailing of employ-
ees, to the Commission in accordance with an agreement
entered into between the Comptroller General and the
Commission.
(j) OTHER AUTHORITY.—(1) The Commission may
procure by contract, to the extent funds are available, the
temporary or intermittent services of experts or consult-
ants pursuant to section 3109 of title 5, United States
Code.
(2) The Commission may lease space and acquire per-
sonal 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 Cor-
poration 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 appro-
priated to the Commission such funds as are necessary
to carry out its duties under this Act. Such funds shall
remain available until expended.
(l) TERMINATION.—The Commission shall terminate
not later than September 30, 2003.
SEC. 3. PROCEDURE FOR MAKING RECOMMENDATIONS
FOR CORPORATE AND FARM SUBSIDY RE-
DUCTIONS.
(a) SELECTION CRITERIA.—(1) Not later than 8
months after the date of the enactment of this Act, the
Chairman shall publish in the Federal Register and trans-
mit to the Congress a preliminary draft of the criteria
which the Chairman proposes should be used in making
recommendations for reductions in corporate or farm sub-
sidies under this Act. Before the publication required by
this paragraph, the Chairman shall provide an opportunity
for public comment on the proposed criteria for a period
of at least 30 days and shall hold a public hearing on the
proposed criteria. The Chairman shall provide the public
with appropriate notice of such opportunity to comment
and of such hearing.
(2) In developing the criteria, the Chairman shall
consider—
(A) the income categories of individuals affected
by any reduction in corporate or farm subsidies,
(B) the number of individuals affected by any
such reduction,
(C) the impact of any such reduction on various
geographic regions,
(D) the number, type, and size of businesses af-
fected by any such reduction, and
(E) the impact of any such reduction on job
loss.
(3) Not later than 10 months after the date of the
enactment of this Act, the Chairman shall publish in the
Federal Register and transmit to the Congress the final
criteria to be used in making recommendations for reduc-
tions in corporate and farm subsidies under this Act.
(4) The Chairman shall make available to the Com-
mission and to the Comptroller General of the United
States all information used by the Chairman in formulat-
ing the criteria.
(b) REVIEW AND RECOMMENDATIONS BY THE COM-
MISSION.—
(1) Once during the term of every Congress, for
the life of the Commission, the Commission shall
identify and review corporate and farm subsidies and
shall publish in the Federal Register and transmit to
the President and the Congress a report containing
a list of corporate and farm subsidy reductions that
the Commission recommends on the basis of—
(A) the final criteria referred to in sub-
section (a), and
(B) a weighing of the cost of each subsidy
recommended to be reduced or eliminated
against the value of the subsidy in creating
jobs.
(2) The Commission shall submit the first re-
port required by paragraph (1) not later than 7
months after the date of the publication required by
subsection (a)(3).
(3) In each report required by paragraph (1),
the Commission shall recommend corporate and
farm subsidy reductions sufficient to raise the ap-
propriate amount of revenue in each of the first 2
fiscal years beginning in calendar years beginning
after the date of the transmission of such report
under paragraph (1), as determined under the fol-
lowing table:
If the calendar year is:
The appropriate amount is:
The 1st beginning after the 1st report .................................$3,000,000
The 2d beginning after the 1st report ..................................$3,000,000
The 1st beginning after the 2d report ..................................$5,000,000
The 2d beginning after the 2d report ...................................$5,000,000
The 1st beginning after the 3d report ..................................$7,000,000
The 2d beginning after the 3d report ...................................$12,000,000
The 1st beginning after the 4th report ................................$15,000,000.
(4) Before the transmission of any report under
paragraph (1), the Commission shall conduct public
hearings on the recommendations contained in such
report.
(5) The Commission shall include, with each list
of recommendations published and transmitted
under paragraph (1)—
(A) a summary of the selection process
that resulted in the recommendations,
(B) with respect to each subsidy which the
Commission recommends to be reduced or
eliminated, an analysis of the costs (including
costs resulting from job loss) and savings that
would result from such elimination or reduction,
and
(C) legislative language which if enacted
would have the effect of carrying out all of the
corporate and farm subsidy reductions which
are recommended by the Commission on such
list.
(6) The Commission may include, with such
list, recommendations for alternative methods for
funding some or all of the corporate and farm sub-
sidies contained on such list. The recommended al-
port or a notice of the President’s disapproval or partial
approval of such recommendations.
(2) If the President approves all of the recommenda-
tions of the Commission, the President shall transmit to
the Congress a copy of such recommendations, a certifi-
cation of such approval, and a copy of the legislative lan-
guage submitted by the Commission under subsection
(b)(5).
(3) If the President disapproves the recommendations
of the Commission, in whole or in part, the President shall
transmit to the Commission and the Congress the reasons
for such disapproval. The Commission shall then transmit
to the President, not later than 30 days after the trans-
mission of such reasons, a revised list of recommendations
for corporate and farm subsidy reductions and revised leg-
islative language which if enacted would have the effect
of carrying out all corporate and farm subsidy reductions
which are recommended by the Commission on such re-
vised list.
(4) Not later than 30 days after the Commission
transmits a revised list of recommendations and revised
language under paragraph (3), the President shall trans-
mit to the Congress—
(A) a copy of such revised list of recommenda-
tions and such revised language,
(B) a report containing the President’s ap-
proval, partial approval, or disapproval of the rec-
ommendations on the revised list, and
(C) if the President approves all of the rec-
ommendations on the revised list, a certification of
such approval.
SEC. 4. INTRODUCTION OF DRAFT LEGISLATION FOR COR-
PORATE AND FARM SUBSIDY REDUCTION.
The legislative language transmitted to the Congress
under section 3(d) shall be introduced as a bill by the ma-
jority leader of the House of Representatives and the ma-
jority leader of the Senate.
SEC. 5. JOINT COMMITTEE ON CORPORATE AND FARM SUB-
SIDY REDUCTION.
(a) ESTABLISHMENT.—There is established a Joint
Committee on Corporate and Farm Subsidy Reduction.
(b) MEMBERSHIP.—
(1) The Joint Committee shall consist of 22
members as follows:
(A) 11 members of the House of Rep-
resentatives, to be appointed by the majority
leader of the House of Representatives, 6 from
the majority and 5 from the minority party,
and
(B) 11 members of the Senate, to be ap-
pointed by the majority leader of the Senate, 6
from the majority and 5 from the minority
party.
(2) In making appointments under paragraph
(1), the majority leader of the House of Representa-
tives and the majority leader of the Senate shall give
due consideration to providing appropriate represen-
tation on the Joint Committee to committees of the
House and Senate, respectively, which have jurisdic-
tion over matters relating to corporate and farm
subsidies.
(3) The appointments referred to in paragraph
(1) shall be made not later than 30 days after the
first transmission of recommendations under section
3(b)(1).
(b) VACANCIES.—Vacancies in the membership of the
Joint Committee shall not affect the power of the remain-
ing members to execute the functions of the Joint Com-
mittee and shall be filled in the same manner as in the
case of the original appointment.
(c) CHAIRPERSON AND VICE CHAIRPERSON.—The
Joint Committee shall elect a chairperson and vice chair-
person 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 chair-
person shall act in the place and stead of the chairperson
in the absence of the chairperson.
(d) STAFF.—The Joint Committee is authorized to
appoint and fix the compensation of such professional and
clerical staff and such experts as it deems appropriate.
(e) LEGISLATIVE JURISDICTION AND POWERS.—
(1) Bills introduced under section 4 and other
bills and resolutions which if enacted would accom-
plish the government-wide reduction or elimination
of corporate and farm subsidies shall be referred to
the Joint Committee. The members of the Joint
Committee who are Members of the Senate shall
from time to time report to the Senate, and the
members of the Joint Committee who are Members
of the House of Representatives shall from time to
time report to the House of Representatives, by bill
or otherwise, their recommendations with respect to
matters within the jurisdiction of their respective
Houses which are referred to the Joint Committee.
(2) The Joint Committee, or any duly author-
ized subcommittee thereof, is authorized to sit and
act at such places and times and to hold such hear-
ings as it deems appropriate. The Joint Committee,
or any duly authorized subcommittee thereof, is au-
thorized 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 docu-
ments, to administer such oaths and affirmations, to
take such testimony, to procure such printing and
binding, and to make such expenditures as it deems
advisable.
(f) 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 1⁄2 of the expenses of the Joint Com-
mittee. Such payments shall be made on vouchers signed
by the House of Representatives chairperson or vice chair-
person of the Joint Committee and approved in the man-
ner directed by the Committee on House Oversight of the
House of Representatives. Amounts made available under
this paragraph shall be expended in accordance with regu-
lations prescribed by the Committee on House Oversight
of the House of Representatives.
SEC. 6. CONGRESSIONAL CONSIDERATION OF COMMISSION
REPORT.
(a) DISCHARGE OF CORPORATE AND FARM SUBSIDY
REDUCTION LEGISLATION.—If the Joint Committee has
not reported a bill introduced under section 4 by the end
of the 20-day period beginning on the date of such intro-
duction, the Joint Committee shall be, at the end of such
period, discharged from further consideration of such bill,
and such bill shall be placed on the appropriate calendar
of the House involved.
(b) CONSIDERATION.—(1) On or after the third day
after the date on which the Joint Committee has reported,
or has been discharged (under subsection (a)) from fur-
ther consideration of, a bill introduced under section 4,
it is in order (even though a previous motion to the same
effect has been disagreed to) for any Member of the re-
spective 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 imme-
diately proceed to consideration of the bill without inter-
vening motion, order, or other business, and the bill shall
remain the unfinished business of the respective House
until disposed of.
(2) 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 mo-
tion further to limit debate is in order and not debatable.
A motion to postpone, or a motion to proceed to the con-
sideration 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) Immediately following the conclusion of the de-
bate on the subsidy reduction bill and a single quorum
call at the conclusion of the debate (if requested in accord-
ance with the rules of the appropriate House), the vote
on final passage of the bill shall occur.
(4) 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 with-
out debate.
SEC. 7. AUTHORITY OF COMMISSION TO IMPLEMENT REC-
OMMENDATIONS UNLESS CONGRESS ACTS.
Notwithstanding any other provision of law, upon the
expiration of the 45-day period beginning on the later of
the date of the introduction of a bill under section 4 in
the House and the date of such introduction in the Senate,
the Commission shall have the authority to reduce or
eliminate any corporate or farm subsidy identified under
section 3(b) to the extent specified in the recommenda-
tions transmitted under section 3(d), unless—
(1) a Joint Resolution disapproving of all of
such recommendations becomes law before the expi-
ration of such period, or
(2) a bill introduced under section 4, a bill
which the Joint Committee reports under section
6(a), or a bill with respect to which the Joint Com-
mittee has been discharged under such section from
further consideration, becomes law before the expira-
tion of such period.
SEC. 8. RULES OF THE SENATE AND HOUSE.—
Sections 5 and 6 are enacted by the Congress—
(1) as an exercise of the rulemaking power of
the Senate and House of Representatives, respec-
tively, and as such sections 5 and 6 are deemed a
part of the rules of each House, respectively, but ap-
plicable only with respect to the procedure to be fol-
lowed in that House in the case of the subsidy re-
duction bill, and such sections supersede other rules
only to the extent that such sections are inconsistent
with such rules; and
(2) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in
the case of any other rule of that House.
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Chairman’’ means the Chairman
of the Corporate and Farm Independence Commis-
sion.
(2) The term ‘‘Commission’’ means the Cor-
porate and Farm Independence Commission.
(3) The terms ‘‘corporate subsidy’’ and ‘‘farm
subsidy’’—
(A) include spending subsidies (including
those for agribusiness and inland waterway op-
erators), tax subsidies, free or below-market-
rate services (including grazing on public
lands), and trade protections, which are pro-
vided by the Federal government to or with re-
spect to any corporation or farm, and
(B) do not include any subsidy, service, or
protection made or provided directly or indi-
rectly by the Federal government to any Fed-
eral entity, Federal agency, government-spon-
sored enterprise, or Government corporation (as
defined in section 9101 of title 31, United
States Code).
(4) The term ‘‘government-sponsored enter-
prise’’ means the Federal National Mortgage Asso-
ciation, the Federal Home Loan Mortgage Corpora-
tion, the Federal Home Loan Bank System, the
Farm Credit Banks, the Banks for Cooperatives, the
Federal Agricultural Mortgage Corporation, the Stu-
dent Loan Marketing Association, the College Con-
struction Loan Insurance Association, and any of
their affiliated or member institutions.
(5) The term ‘‘Joint Committee’’ means the
Joint Committee on Corporate and Farm Subsidy
Reduction.
(6) The term ‘‘subsidy reduction bill’’ means a
bill introduced under section 4 which the Joint Com-
mittee has reported or with respect to which the
Joint Committee has been discharged under section
6(a) from further consideration.
Æ
HR 2755 IH——2