I
103D CONGRESS
2D SESSION
H. R. 4000
To provide a fair, nonpolitical process that will achieve $65,000,000,000
in budget outlay reductions each fiscal year until a balanced budget
is reached.
IN THE HOUSE OF REPRESENTATIVES
MARCH 10, 1994
Mr. MILLER of Florida (for himself, Mr. KASICH, and Mr. STERNS) intro-
duced the following bill; which was referred jointly to the Committees on
Government Operations and Rules
A BILL
To provide a fair, nonpolitical process that will achieve
$65,000,000,000 in budget outlay reductions each fiscal
year until a balanced budget is reached.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND PURPOSE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Spending Reduction Enforcement Act of 1994’’.
(b) PURPOSE.—The purpose of this Act is to provide
a fair, nonpolitical process that will achieve at least
$65,000,000,000 in budget outlay reductions each fiscal
year until a balanced budget is reached (but in the year
in which the balanced budget is reached, only the amount
necessary to achieve a balance).
SEC. 2. THE COMMISSION.
(a) ESTABLISHMENT.—There is established an inde-
pendent commission to be known as the ‘‘Spending Reduc-
tion Commission’’ (referred to as the ‘‘Commission’’).
(b) DUTIES.—The Commission shall propose cost
savings and changes in law to achieve at least
$65,000,000,000 of budget outlay reductions for the
budget year and each outyear until a balanced budget is
reached subject to the following guidelines. It should
attempt to:
(1) Eliminate redundant and outdated pro-
grams, as well as those whose missions can be effec-
tively accomplished by the private sector.
(2) Reduce those programs with excessive ad-
ministrative costs or can be consolidated with other
programs.
(3) Eliminate programs that provide subsidies
that benefit narrow special interest groups at the ex-
pense of the national interest.
(4) Reduce or eliminate those programs that
have low priority in meeting a national interest
criterion.
(c) APPOINTMENT.—(1)(A) The Commission shall be
composed of 7 members appointed by the President, by
and with the advice and consent of the Senate.
(B) The President shall transmit to the Senate the
nominations for appointment to the Commission by no
later than January 15th for each fiscal year.
(2) In selecting individuals for nominations for ap-
pointments to the Commission, the President shall se-
lect—
(A) 4 of the members from a list of 10 individ-
uals submitted by the Speaker of the House of Rep-
resentatives and the majority leader of the Senate;
and
(B) 3 of the members from a list of 10 individ-
uals submitted by the minority leader of the House
of Representatives and the minority leader of the
Senate.
(3) At the time the President nominates individuals
for appointment to the Commission, the President shall
designate one such individual who shall serve as Chairman
of the Commission.
(4) No current Member of Congress, employee of the
Executive branch, or current or former registered lobbyist
may serve on the Commission.
(d) TERMS.—(1) Except as provided in paragraph
(2), each member of the Commission shall serve until No-
vember 1st of the calendar year in which the member is
appointed.
(2) The Chairman of the Commission shall serve until
the confirmation of a successor.
(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 the ranking minority member of the
Budget and Appropriations Committees of each House.
(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, other than the Chairman, shall be paid at a rate
not to exceed 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 vested
in the Commission.
(B) The Chairman shall be paid for each day referred
to in subparagraph (A) at a rate not to exceed to the daily
equivalent of the minimum annual rate of basic pay pay-
able 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.
(h) 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 been em-
ployed by the Federal Government during the 1-year pe-
riod preceding the date of such appointment and who is
not a former Member of Congress or registered lobbyist.
(2) The Director shall be paid at a rate not to exceed
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 pay of additional personnel.
(2) The Director may take such appointments with-
out regard to the provisions of title 5, United States Code,
governing appointment 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, except that an individual so appointed may not
receive pay in excess of the annual rate of basic pay pay-
able for GS–18 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.
(4) 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.
(5) 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 with 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.
(k) FUNDING.—Each department and agency shall
transfer necessary funding to the Commission on a pro
rata basis based on that agency’s or departments funding
percentage of the total Executive budget.
(l) TERMINATION.—Each Commission shall termi-
nate on November 1st of the year in which the Commis-
sion is appointed.
SEC. 3. PROCEDURE FOR MAKING RECOMMENDATION FOR
PROPOSED CUTS.
(a) SELECTION CRITERIA.—(1) OMB shall, by no
later than January 1st of each year, publish in the Federal
Register and transmit to the Budget and Appropriations
committees of each House the criteria proposed to be used
by OMB in making budget outlay reduction recommenda-
tions required by section 2(b). OMB shall provide an op-
portunity for public comment on the proposed criteria for
a period of at least 10 days and shall include notice of
that opportunity in the publication required under the pre-
ceding sentence.
(2)(A) OMB shall, by no later than January 15th,
publish in the Federal Register and transmit to the con-
gressional budget and appropriations committees the final
criteria to be used in making recommendations for pro-
gram cuts. Except as provided in subparagraph (B), such
criteria shall be the final criteria to be used in making
such recommendations unless disapproved by a joint reso-
lution of Congress enacted on or before February 1st.
(B) OMB shall amend such criteria, but such amend-
ments may not become effective until they have been pub-
lished in the Federal Register, opened to public comment
for at least 10 days, and then transmitted to the Budget
and Appropriations committees of each House in final
form by no later than February 1st. Such amended cri-
teria shall be the final criteria to be used in making such
recommendations unless disapproved by a joint resolution
of Congress enacted on or before February 15th.
(b) OMB RECOMMENDATIONS.—(1) OMB may, by
no later than April 1st, publish in the Federal Register
and transmit to the congressional budget and appropria-
tions committees and to the Commission OMB’s rec-
ommendations for budget outlay reductions.
(2) OMB shall include, with the list of recommenda-
tions published and transmitted pursuant to paragraph
(1), a summary of the selection process that resulted in
the recommendation.
(3) In considering such outlay reductions, OMB shall
consider all programs without regard to whether such pro-
grams have previously been considered or proposed for
elimination.
(4) OMB shall make available to the Commission and
the Comptroller General of the United States all informa-
tion used by OMB in making its recommendations.
(c) REVIEW AND RECOMMENDATIONS BY THE COM-
MISSION.—(1) After receiving the recommendations from
OMB pursuant to subsection (b), the Commission shall
conduct public hearings on the recommendations.
(2) The Director of the Congressional Budget Office
shall notify the Commission on August 1st of any savings
that have been enacted into law for the upcoming fiscal
year. The year’s target for such fiscal year shall be re-
duced by the amount of such savings.
(3)(A) The Commission shall, by no later than Au-
gust 15th, transmit to the President a report containing
the Commission’s findings and conclusions based on a re-
view and analysis of the recommendations.
(B) In making its recommendations, the Commission
may make changes in any of the recommendations made
by OMB.
(4) The Commission shall explain and justify in its
report submitted to the President pursuant to paragraph
(2) any recommendation made by the Commission that is
different from the recommendations made by OMB pursu-
ant to subsection (b). The Commission shall transmit a
copy of such report to the Budget and Appropriations
committees of each House on the same date on which it
transmits its recommendations to the President under
paragraph (2).
(5) After August 15th, the Commission shall prompt-
ly provide, upon request, to any Member of Congress in-
formation used by the Commission in making its
recommendations.
(6) The Congressional Budget Office shall—
(A) assist the Commission, to the extent re-
quested, in the Commission’s review and analysis of
the recommendations made by OMB pursuant to
subsection (b); and
(B) by no later than June 1st, transmit to the
Congress and to the Commission a report containing
a detailed analysis of OMB’s recommendations and
selection process.
(d) REVIEW BY THE PRESIDENT.—(1) The President
shall, by no later than September 1st, transmit to the
Commission and to the Congress, a report containing the
President’s approval or disapproval of the Commission’s
recommendations.
(2) If the President approves all the recommenda-
tions of the Commission, the President shall transmit a
copy of such recommendations to the Congress, together
with a certification of such approval and legislative lan-
guage implementing such recommendations.
(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 that disapproval. The Commission shall then transmit
to the President, by no later than September 5th, a revised
list of recommendations.
(4) If the President approves all of the revised rec-
ommendations of the Commission transmitted to the
President under paragraph (3), the President shall trans-
mit a copy of such revised recommendation to the Con-
gress, together with a certification of such approval.
(5) If the President does not transmit to the Con-
gress an approval and certification described in paragraph
(2) or (4) by September 10th, the process by which budget
outlay reductions may occur under this Act with respect
to that year shall be terminated.
SEC. 4. BUDGET OUTLAY REDUCTIONS.
(a) IN GENERAL.—The President shall submit rec-
ommendations to Congress together with a joint resolution
containing legislative language implementing such rec-
ommendations not later than September 10th, as provided
in section 3.
(b) CONGRESSIONAL CONSIDERATION
OF PRESI-
DENT’S RECOMMENDATIONS.—
(1) TERMS OF THE RESOLUTION.—For the pur-
poses of subsection (a), the term ‘‘joint resolution’’
means a joint resolution that—
(A) is introduced within the 2-day period
beginning on the date on which the President
transmits a report to the Congress under sec-
tion 3(d);
(B) does not have a preamble;
(C) states after the resolving clause ‘‘That
Congress approves the recommendations of the
Spending Reduction Commission submitted by
the President on lll’’, the blank space
being filled in with the appropriate date and
contains the President’s legislative language de-
scribed in subsection (a); and
(D) is entitled a ‘‘Joint resolution approv-
ing the recommendations of the Spending
Reduction Commission.’’.
(2) REFERRAL.—(A) A resolution described in
paragraph (1) that is introduced in the House of
Representatives shall be referred to the Committee
on Government Operations of the House of
Representatives.
(B) A resolution described in paragraph (1)
that is introduced in the Senate shall be referred to
the Committee on Governmental Affairs of the
Senate.
(3) DISCHARGE.—If the committee to which a
resolution described in paragraph (1) is referred has
not reported the resolution (or an identical resolu-
tion) by the end of the 5-day period beginning on
the date on which the President transmits the report
to the Congress, such committee shall, at the end of
that period, be discharged from further consider-
ation of the resolution, and the resolution shall be
placed on the appropriate calendar of the House of
Representatives or the Senate, as the case may be.
(4) CONSIDERATION.—(A)(i) On or after the
first day after the date on which the committee to
which a joint resolution described in paragraph (1)
is referred has reported, or has been discharged
(under paragraph (3)) from further consideration of,
such a resolution, it is in order (even though a pre-
vious motion 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 resolution (but only on the date
after the calendar day on which the member an-
nounces to the House concerned the member’s inten-
tion to do so).
(ii) All points of order against a resolution de-
scribed in paragraph (1) (and against consideration
of the resolution) are waived.
(iii)(I) A motion to proceed to the consideration
of a joint resolution described in paragraph (1) is
highly privileged in the House of Representatives
and is privileged in the Senate and is not debatable.
(II) A motion described in subclause (I) is not
subject to amendment, to a motion to postpone con-
sideration of the resolution, or to a motion to pro-
ceed to the consideration of other business.
(III) A motion to reconsider the vote by which
a motion described in subclause (I) is agreed to or
not agreed to shall not be in order.
(IV) If a motion described in subclause (I) is
agreed to, the House of Representatives or the Sen-
ate, as the case may be, shall immediately proceed
to consideration of the joint resolution without inter-
vening motion, order, or other business, and the res-
olution shall remain the unfinished business of the
House of Representatives or the Senate, as the case
may be, until disposed of.
(B)(i) Debate on a joint resolution described in
paragraph (1) and on all debatable motions and ap-
peals in connection therewith shall be limited to not
more than 5 hours, which shall be divided equally
between those favoring and those opposing the
resolution.
(ii) An amendment to a joint resolution de-
scribed in paragraph (1) is not in order.
(iii) A motion further to limit debate on a joint
resolution described in paragraph (1) is in order and
not debatable.
(iv) A motion to postpone consideration of a
joint resolution described in paragraph (1), a motion
to proceed to the consideration of other business, or
a motion to recommit the resolution is not in order.
(v) A motion to reconsider the vote by which a
resolution described in paragraph (1) is agreed to or
not agreed to is not in order.
(C) Immediately following the conclusion of the
debate on a joint resolution described in paragraph
(1) 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 Senate, as the
case may be, the vote on final passage of the resolu-
tion shall occur.
(D) Appeals from the decisions of the Chair re-
lating to the application of the rules of the House
of Representatives or of the Senate, as the case may
be, to the procedure relating to a joint resolution de-
scribed in paragraph (1) shall be decided without
debate.
(5) CONSIDERATION BY OTHER HOUSE.—(A) If,
before the passage by one House of a joint resolu-
tion described in paragraph (1) that was introduced
in that House, that House receives from the other
House a joint resolution described in paragraph
(1)—
(i) the resolution of the other House shall
not be referred to a committee and may not be
considered in the House that receives it other-
wise than on final passage under clause (ii)(II);
and
(ii)(I) the procedure in the House that re-
ceives such a resolution with respect to such a
resolution that was introduced in that House
shall be the same as if no resolution had been
received from the other House; but
(II) the vote on final passage shall be on
the resolution of the other House.
(B) Upon disposition of a joint resolution de-
scribed in paragraph (1) that is received by one
House from the other House, it shall no longer be
in order to consider such a resolution that was intro-
duced in the receiving House.
(6) DATE
CERTAIN.—If the Senate and the
House of Representatives have not acted upon the
joint resolution by September 30th, then on that day
or the next day of session thereafter the joint resolu-
tion shall be called up by the Presiding Officer of
each House upon convening and a roll call vote shall
be conducted on passage. If the joint resolution
passes one House a vote on final passage shall be
immediately conducted in the other House.
(7) RULES OF THE SENATE AND HOUSE OF
REPRESENTATIVES.—This subsection is enacted by
Congress—
(A) as an exercise of the rulemaking power
of the Senate and House of Representatives, re-
spectively, and is deemed to be part of the rules
of each House, respectively, but applicable only
with respect to the procedure to be followed in
that House in the case of a joint resolution de-
scribed in paragraph (1), and it supersedes
other rules only to the extent that it is incon-
sistent with such rules; and
(B) with full recognition of the constitu-
tional right of either House to change the rules
(so far as they relate 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.
(b) PAYGO SCORECARD.—No reductions in direct
spending pursuant to this Act shall be treated as a net
deficit decrease for purposes of section 252 of the Bal-
anced Budget and Emergency Deficit Control Act of 1985.
(c) 
DISCRETIONARY
SPENDING
LIMITS.—When
OMB submits a sequestration report under section 254(g)
or (h) of the Balanced Budget and Emergency Deficit
Control Act of 1985, OMB shall include downward adjust-
ments to discretionary spending limits (in new budget au-
thority and outlays) for the budget year and each outyear
to take full account of all reductions in discretionary
spending pursuant to this Act for that fiscal year.
SEC. 7. DEFINITIONS.
As used in this Act, the terms ‘‘budget outlay’’, ‘‘out-
lay’’, ‘‘new budget authority’’, ‘‘direct spending’’, and
‘‘OMB’’ have the meanings given to such terms by section
250(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
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HR 4000 IH——2