Home > 105th Congressional Bills > H.R. 3083 (ih) To suspend temporarily the duty on Grilamid TR90. ...H.R. 3083 (ih) To suspend temporarily the duty on Grilamid TR90. ...
108th CONGRESS
1st Session
H. R. 3082
To review, reform, and terminate unnecessary and inequitable Federal
payments, benefits, services, and tax advantages.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 11, 2003
Mr. Hoeffel (for himself, Mr. Udall of New Mexico, and Mr. Brown of
Ohio) 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
payments, benefits, services, and tax advantages.
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 Welfare Reform Commission
Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the cost of corporate welfare is estimated to be
equivalent to nearly 2 weekly paychecks from every working man
and woman in the United States;
(2) various private organizations have estimated that the
annual cost of corporate welfare to the Federal Government is
between $60 and $125 billion, yet no comprehensive public
estimate of that cost is available;
(3) corporate welfare may discourage private sector
competition and may even have detrimental consequences to the
environment which outweigh the benefits to the corporate
welfare recipient;
(4) some corporate welfare benefits which were initially
provided for valid goals have, over the years, become redundant
or unnecessary;
(5) rather than diminishing, special interest tax
provisions which benefit small numbers of taxpayers are
increasing;
(6) corporate income tax revenues as a percentage of GDP
dropped from 1.6 percent in 1992 to 1.4 percent in 2002, while
revenues from individual income taxes increased over the same
period from 7.7 percent of GDP to 8.3 percent;
(7) there has been no congressionally-directed systematic
review of the multitude of corporate welfare benefits which
have been institutionalized in Federal tax provisions or
incorporated into other Federal programs; and
(8) an advisory commission is needed to recommend to the
Congress whether some corporate welfare provisions need to be
revised or terminated.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a congressional advisory
committee to identify and evaluate inequitable Federal payments.
SEC. 4. DEFINITION.
(a) In General.--For purposes of this Act, the term ``inequitable
Federal payment'' means a payment, benefit, service, or tax advantage
that--
(1) is provided by the Federal Government to any
corporation, partnership, joint venture, association, business
trust, or industry other than--
(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; and
(3) provides an unfair competitive advantage or financial
windfall.
(b) Exception.--Such term shall not include a payment, benefit,
service, or tax advantage that--
(1) is awarded for the purposes of research and development
that--
(A) is in the broad public interest on the basis of
a peer reviewed or other open, competitive, merit-based
procedure;
(B) is for a purpose consistent with the mission of
the agency;
(C) supports competing technologies at levels
appropriate to their potential, as determined by an
appropriate priority setting process; and
(D) 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;
(2) primarily benefits public health, safety, the
environment, or education;
(3) is necessary to comply with international trade or
treaty obligations; or
(4) is for the purpose of procurement of property or
services by the United States Government.
SEC. 5. COMMISSION.
(a) Establishment.--There is established an independent commission
to be known as the ``Corporate Welfare Reform Commission'' (hereafter
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 payments;
(2) review inequitable Federal payments; and
(3) submit the report required under section 6 to the
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 thereof.
(2) Elimination of agencies and departments.--The
Commission shall limit its recommendations to the termination
or reduction 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 5 members of
whom--
(A) one shall be appointed jointly by the Speaker
of the House of Representatives and the majority leader
of the Senate;
(B) one shall be appointed by the Speaker of the
House of Representatives;
(C) one shall be appointed by the minority leader
of the House of Representatives;
(D) one shall be appointed by the majority leader
of the Senate; and
(E) one shall be appointed by the minority leader
of the Senate.
Such appointments shall be made not later than 90 days after
the date of the enactment of this Act.
(2) Consultation required.--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) Chairman.--The Chairman of the Commission shall be the
member appointed as provided in paragraph (1)(A).
(4) 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 180 days after the
date of the enactment of this Act, the Commission shall conduct
its first meeting. The first nonadministrative business of the
Commission shall be to establish criteria for evaluating
whether a payment, benefit, service, or tax advantage is an
inequitable Federal payment for purposes of this Act.
(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--
(1) shall be filled in the same manner as the original
appointment not later than 30 days after the Commission is
given notice of the vacancy, and
(2) shall not affect the power of the remaining members to
execute the duties of the Commission.
(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 section 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.--No 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 payments the Commission intends to
review.
(B) Analysts.--No 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 payments 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 policy-making
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;
or
Other Popular 105th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |