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.
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 Act may be cited as the ‘‘Mandatory Spending
Control Act of 1993’’.
SEC. 2. PURPOSE.
The purpose of this Act is to determine appropriate
methods for limiting the growth of mandatory spending,
including decreased funding levels, growth limits, and im-
proved cost efficiency.
SEC. 3. MANDATORY SPENDING CONTROL COMMISSION.
(a) ESTABLISHMENT.—There is established an inde-
pendent commission to be known as the ‘‘Mandatory
Spending Control Commission’’.
(b) DUTIES.—The Commission shall carry out the
duties specified for it in this Act.
(c) APPOINTMENT.—(1)(A) The Commission shall be
composed of 9 members appointed by the President, by
and with the advice and consent of the Senate.
(B) By January 1, 1995, the President shall submit
to the Senate the nominations of those first appointed to
the Commission.
(2) In selecting individuals for nominations for ap-
pointments to the Commission, the President should con-
sult with—
(A) the Speaker of the House of Representa-
tives concerning the appointment of 2 members;
(B) the majority leader of the Senate concern-
ing the appointment of 2 members;
(C) the minority leader of the House of Rep-
resentatives concerning the appointment of 1 mem-
ber; and
(D) the minority leader of the Senate concern-
ing the appointment of 1 member.
(3) At the time the President nominates individuals
for appointment to the Commission, the President shall
designate 1 such individual to serve as Chairman of the
Commission.
(4) A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(d) TERMS.—(1) Except as provided by paragraphs
(2) and (3), members (including the member designated
as chairman) shall be appointed for terms of 3 years.
(2) Of the members first appointed—
(A) 1 appointed in consultation with the Speak-
er, 1 appointed in consultation with the majority
leader of the Senate, and 1 appointed by the Presi-
dent shall be appointed for terms of 1 year; and
(B) 1 appointed in consultation with the minor-
ity leader of the House of Representatives, 1 ap-
pointed in consultation with the minority leader of
the Senate, and 1 appointed by the President shall
be appointed for terms of 2 years.
(3) Any member appointed to fill a vacancy occurring
before the expiration of the term for which his predecessor
was appointed shall be appointed only for the remainder
of that term. A member may serve after the expiration
of his term until his successor has taken office. No individ-
ual may serve on the Commission for more than 1 term.
(e) MEETINGS.—(1) Each meeting of the Commis-
sion, other than meetings in which classified information
is to be discussed, shall be open to the public.
(2) All the proceedings, information, and delibera-
tions of the Commission shall be open, upon request, to
the chairman and ranking minority party member of the
Committee on the Budget of each House of Congress.
(f) PAY
AND TRAVEL EXPENSES.—(1)(A) Each
member, 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 performance 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 shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(g) DIRECTOR
OF STAFF.—(1) The Commission
shall, without regard to section 5311(b) of title 5, United
States Code, appoint a Director who has not served as
a Federal employee during the one-year period preceding
the date of such appointment.
(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.
(h) 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 appointed
may not receive pay in excess of the maximum annual rate
of basic pay payable for a position above GS–15 of the
General Schedule.
(3) Not more than one-third of the personnel em-
ployed by or detailed to the Commission may be on detail
from any Government agency or from the legislative
branch.
(4) Upon request of the Chairman, 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.
(i) CONSULTANTS AND PROPERTY.—(1) The Com-
mission 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) The Commission may lease space and acquire per-
sonal property to the extent funds are available.
(j) FUNDING.—There are authorized to be appro-
priated $3,000,000 to the Commission for fiscal year 1995
and for each subsequent fiscal year to carry out its duties
under this Act. Upon confirmation of all Commissioners,
each cabinet level department shall transfer from its ad-
ministrative expenses account necessary funding to the
Commission on a pro rata basis based on that depart-
ment’s funding percentage of the total executive branch
budget.
(k) TERMINATION.—The Commission shall terminate
on the thirtieth calendar day beginning after the President
notifies the Commission, in writing, that the budget has
been in balance (or in surplus) for two consecutive fiscal
years, unless, as a part of that notificiation, the President
states that for budgetary reasons he has determined that
the Commission shall not so terminate.
SEC. 4. PROCEDURE FOR MAKING RECOMMENDATION FOR
PROPOSED CUTS.
(a) REVIEW AND RECOMMENDATIONS BY THE COM-
MISSION.—(1) Before May 15 of each calendar year, the
Commission shall examine and review all mandatory
spending programs, and conduct public hearings, to deter-
mine appropriate methods for limiting the growth of these
programs to 103 percent of aggregate spending for man-
datory programs for the preceding fiscal year.
(2) The Commission shall request recommendations
for mandatory spending reductions from the heads of exec-
utive departments and agencies, chairmen of congressional
committees, the Director of the Congressional Budget Of-
fice, the Director of the Office of Management and Budg-
et, the Director of the General Accounting Office, and any
other persons who may be of assistance. These heads shall
also provide to the Commission information respecting
programs within their jurisdiction. The Commission may
also consider unsolicited comments.
(3) Individuals named in paragraph (2) shall endeav-
or to promptly comply with requests made to them by the
Commission under that paragraph.
(b) The Commission shall, by May 15th, transmit to
the President a report containing the Commission’s find-
ings and conclusions based on a review and analysis of
the recommendations.
(c) REVIEW
BY
THE PRESIDENT.—The President
shall, by June 1st, transmit to the Commission a report
containing the President’s comments and suggestions re-
specting the Commission’s recommendations.
(d) FINAL RECOMMENDATIONS.—After reviewing the
comments and suggestions of the President, the Commis-
sion shall transmit, by June 15th, a report of its final
recommendations to the Congress and to the public. This
report shall take into account any net reduction in spend-
ing for mandatory programs set forth in the concurrent
resolution on the budget (as agreed to) for the fiscal year
covered by the report. If that concurrent resolution is in
compliance with the growth limitation provision for that
fiscal year as set forth in subsection (a)(1), then the report
of the Commission shall recommend no congressional ac-
tion respecting that fiscal year.
(e) GROWTH LIMITATION.—All reports described in
this section shall be in full compliance with the growth
limitation provision of subsection (a)(1).
(f) CRITERIA FOR RECOMMENDATIONS.—All reports
described in this section shall set forth the criteria upon
which its recommendations are based.
SEC. 5. CONGRESSIONAL CONSIDERATION OF COMMIS-
SION’S REPORT.
(a) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘implementing bill’’ means only a
bill which is introduced as provided under subsection
(b), and contains the proposed legislative rec-
ommendations contained in the final report submit-
ted to the Congress under section 4(e) without modi-
fication; and
(2) the term ‘‘session day’’ means a day that ei-
ther the Senate or the House of Representatives is
in session.
(b) INTRODUCTION.—On the fifth calendar day be-
ginning after the date on which a final report is submitted
to the Congress under section 4(e), an implementing bill
shall be introduced—
(1) in the Senate by the majority leader for
himself and the minority leader; and
(2) in the House of Representatives by the ma-
jority leader for himself and the minority leader.
(c) DISCHARGE.—If the committee to which an im-
plementing bill is referred has not reported that bill within
one month, that committee shall be immediately dis-
charged from further consideration of such bill, and such
bill shall be placed on the appropriate calendar of the
House involved.
(d) CONSIDERATION.—(1)(A) On or after the first
day after the date on which the committee to which an
implementing bill is referred has reported, or has been dis-
charged (under subsection (c)) from further consideration
of, such a bill, it is in order (even though a previous mo-
tion to the same effect has been disagreed to) for any
member of the House of Representatives or the Senate,
respectively, to move to proceed to the consideration of
the bill (but only the day after the calendar day on which
the member announces to the House concerned the mem-
ber’s intention to do so).
(B) All points of order against an implementing bill
(and against consideration of that bill) are waived except
the point of order set forth in subsection (g).
(C)(i) A motion to proceed to the consideration of an
implementing bill is highly privileged in the House of Rep-
resentatives and is privileged in the Senate and is not de-
batable.
(ii) A motion described in clause (i) is not subject
to amendment, to a motion to proceed to the consideration
of other business, or to a motion to table.
(iii) A motion to reconsider the vote by which a mo-
tion described in clause (i) is agreed to or not agreed to
shall not be in order.
(iv) If a motion described in clause (i) is agreed to,
the House of Representatives or the Senate, as the case
may be, shall immediately proceed to consideration of the
bill without intervening motion, order, or other business,
and the bill shall remain the unfinished business of the
House of Representatives or the Senate, as the case may
be, until disposed of.
(2)(A) Debate on an implementing bill and on all de-
batable motions and appeals in connection therewith shall
be limited to not more than 4 hours in the House of Rep-
resentatives and 10 hours in the Senate, which shall be
divided equally between those favoring and those opposing
the bill.
(B) An amendment to an implementing bill is not in
order. This provision is not subject to a motion to suspend,
nor can a unanimous consent agreement wave this section.
(C) A motion further to limit debate on an imple-
menting bill is in order and not debatable.
(D) A motion to postpone consideration of an imple-
menting bill, a motion to proceed to the consideration of
other business, a motion to table, or a motion to recommit
the bill is not in order.
(E) A motion to reconsider the vote by which an im-
plementing bill is agreed to or not agreed to is not in
order.
(3) Immediately following the conclusion of the de-
bate on an implementing bill and a single quorum call at
the conclusion of the debate if requested in accordance
with the rules of the House of Representatives or the Sen-
ate, as the case may be, 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 House of Representa-
tives or of the Senate, as the case may be, to the procedure
relating to an implementing bill shall be decided without
debate.
(e) CONSIDERATION BY OTHER HOUSE.—(1) If, be-
fore the passage by one House of an implementing bill
that was introduced in that House, that House receives
from the other House an implementing bill—
(A) the bill of the other House shall not be re-
ferred to a committee and may not be considered in
the House that receives it otherwise than on final
passage under subparagraph (B)(ii); and
(B)(i) the procedure in the House that receives
such a bill with respect to such a bill that was intro-
duced in that House shall be the same as if no bill
had been received from the other House; but
(ii) the vote on final passage shall be on the bill
of the other House.
(2) Upon disposition of an implementing bill that is
received by one House from the other House, it shall no
longer be in order to consider such a bill that was intro-
duced in the receiving House.
(f) DATE CERTAIN.—If the Senate and the House of
Representatives have not acted upon the implementing bill
by July 20th, then on that day or the next day of session
thereafter the bill shall be called up by the Presiding Offi-
cer of each House upon convening and a roll call vote shall
be conducted on passage, but after that House of Congress
has debated the bill pursuant to the provisions of sub-
sections (d)(2)(A) and (C). If the bill passes one House,
the bill shall be transmitted on the same legislative day
to the other House and that House shall vote on passage
of that bill on its next session day.
(g) POINT OF ORDER.—It shall not be in order in
the House of Representatives or the Senate to consider
any implementing bill that is not in full compliance with
the growth limitation provision of section 4(a)(1) or that
contains any provision that increases taxes.