| Home > 106th Congressional Bills > H.R. 2154 (ih) To suspend temporarily the duty on myristic acid (tetrabecanoic acid). [Introduced in House] ...
H.R. 2154 (ih) To suspend temporarily the duty on myristic acid (tetrabecanoic acid). [Introduced in House] ...
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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