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108th CONGRESS
1st Session
H. R. 2153
To review, reform, and terminate unnecessary and inequitable Federal
subsidies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2003
Mr. Gephardt (for himself, Mr. Meeks of New York, Mr. Rangel, Mr.
Markey, Mr. Sherman, Mr. Sanders, Mr. Brown of Ohio, Mr. Udall of
Colorado, Mr. Frost, Mr. Waxman, Mr. Filner, Mrs. Maloney, Mr. Hoeffel,
Mr. Israel, Mr. Scott of Virginia, Mr. Stupak, Ms. DeLauro, and Mr.
Kennedy of Rhode Island) introduced the following bill; which was
referred to the Committee on Government Reform, and in addition to the
Committees on Ways and Means, Rules, and the Budget, 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 review, reform, and terminate unnecessary and inequitable Federal
subsidies.
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 Subsidy Reform Commission
Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Federal subsidies, including tax advantages, which may
have been enacted with a valid purpose for specific industries
or industry segments can--
(A) fall subject to abuse, causing unanticipated
and unjustified windfalls to some industries and
industry segments; or
(B) become obsolete, anticompetitive, or no longer
in the public interest, making such subsidies
unnecessary or undesired;
(2) it is unfair to force the United States taxpayer to
support unnecessary subsidies, including tax advantages, that
do not provide a substantial public benefit or serve the public
interest;
(3) Congress and the President have been unable to evaluate
methodically those Federal subsidies that are unfair and
unnecessary and require reform or elimination; and
(4) a Commission to advise the President and Congress is
essential to a comprehensive review of such unfair corporate
subsidies and to the reform or elimination of such subsidies.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a fair and deliberative
process that will result in the timely identification, review, and
reform or elimination of unnecessary and inequitable subsidies,
including tax advantages, provided by the Federal Government to
entities or industries engaged in profitmaking enterprises.
SEC. 4. DEFINITION.
In this Act, the term ``inequitable Federal subsidy'' means a
payment, benefit, service, or tax advantage that--
(1) is provided by the Federal Government to any
corporation, partnership, joint venture, association, or
business trust, not to include--
(A) a 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
the Internal Revenue Code of 1986; or
(B) a State or local government or 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.);
(2) is provided without a reasonable expectation,
demonstrated with the use of reliable performance criteria,
that actions or activities undertaken or performed in return
for such payment, benefit, service, or tax advantage would
result in a return or benefit, quantifiable or nonquantifiable,
to the public at least as great as the payment, benefit,
service, or tax advantage;
(3) provides an unfair competitive advantage or financial
windfall; and
(4) shall not include a payment, benefit, service, or tax
advantage that--
(A) is awarded for the purposes of research and
development that--
(i) is in the broad public interest on the
basis of a peer reviewed or other open,
competitive, merit-based procedure;
(ii) is for a purpose consistent with the
mission of the agency;
(iii) supports competing technologies at
levels appropriate to their potential, as
determined by an appropriate priority setting
process; and
(iv) the private sector cannot reasonably
be expected to undertake without Federal
support at a level or in a timeframe consistent
with the payment, benefit, service, or tax
advantage's potential to provide broad economic
or other public benefit;
(B) primarily benefits public health, safety, the
environment, or education;
(C) is necessary to comply with international trade
or treaty obligations;
(D) 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
(E) is for the purpose of procurement of property
or services by the United States Government.
SEC. 5. THE COMMISSION.
(a) Establishment.--There is established an independent commission
to be known as the ``Corporate Subsidy Reform Commission'' (in this Act
referred to as the ``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
inequitable Federal subsidies;
(2) review inequitable Federal subsidies; and
(3) submit the report required under section 6(b) to the
President and 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 Commissioners shall be appointed for the
life of the Commission and shall be composed of nine members of
whom--
(A) 3 shall be appointed by the President of the
United States;
(B) 2 shall be appointed by the Speaker of the
House of Representatives;
(C) 1 shall be appointed by the minority leader of
the House of Representatives;
(D) 2 shall be appointed by the majority leader of
the Senate; and
(E) 1 shall be appointed by the minority leader of
the Senate.
(2) Consultation required.--The President, 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).
(3) Appointments.--During the period of January 1, 2004
through January 31, 2004, the President shall submit to the
Senate the names of 3 individuals for appointment to the
Commission.
(4) Failure to appoint.--If the President does not submit
to Congress the names of 3 individuals for appointment to the
Commission on or before the date specified in paragraph (3),
the process established under this Act shall be terminated.
(5) Chairman.--At the time the President nominates
individuals for appointment to the Commission the President
shall designate 1 such individual who shall serve as Chairman
of the Commission.
(6) 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.
(f) Terms.--Each member of the Commission including the Chairman
shall serve until the termination of the Commission.
(g) Meetings.--
(1) Initial meeting.--Not later than April 1, 2004, 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 Chairman
may close the meeting. All proceedings, information, and
deliberations of the Commission shall be available, upon
request, to the chairman and ranking member of the relevant
committees of Congress.
(h) Vacancies.--A vacancy on the Commission shall be filled in the
same manner as the original appointment.
(i) 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 Chairman, 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) Chairman.--Notwithstanding section 7 of the Federal
Advisory Committee Act (5 U.S.C. App.), the Chairman 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.
(j) Director of Staff.--
(1) Qualifications.--The Chairman 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 Chairman of the
Commission and the chairman and ranking member of the Committee
on Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of the
Representatives.
(k) 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 to personnel and detailees of the
Commission:
(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 subsidies 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 subsidies 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;
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