United States. Congress. Senate. Committee on Gove.

S. 1376, the Corporate Subsidy Review, Reform, and Termination Act of 1995 : hearing before the Committee on Governmental Affairs, United States Senate, One Hundred Fourth Congress, second session, on S. 1376, to terminate unnecessary and inequitable federal corporate subsidies, March 5, 1996 online

. (page 9 of 10)
Online LibraryUnited States. Congress. Senate. Committee on GoveS. 1376, the Corporate Subsidy Review, Reform, and Termination Act of 1995 : hearing before the Committee on Governmental Affairs, United States Senate, One Hundred Fourth Congress, second session, on S. 1376, to terminate unnecessary and inequitable federal corporate subsidies, March 5, 1996 → online text (page 9 of 10)
Font size
QR-code for this ebook


23 policies the Commission intends to review.

24 (C) No person detailed from a Federal

25 agency to the Commission may be assigned as

S 1376 IS



61



9

1 the lead professional analyst with respect to an

2 entity the Commission intends to review if the

3 person has been involved in regTilatoiy or pol-

4 icy-making decisions affecting such an entity in

5 the 12 months preceding this assignment.

6 (D) A person may not be detailed from a

7 Federal agency to the Commission if, within 12

8 months before the detail is to begin, that person

9 participated personally and substantially in any

10 matter within that particular agency concerning

11 the preparation of recommendations under this

12 Act.

13 (E) No member of a Federal agency, and

14 no officer or employee of a Federal agency,

1 5 may —

16 (i) prepare any report concerning the

17 effectiveness, fitness, or efficiency of the

18 performance on the staff of the Commis-

19 sion of any person detailed from a Federal

20 agency to that staff;

21 (ii) re\iew the preparation of succ r*-

22 port; or

23 (iii) approve or disapprove such a re-

24 port.



S 1376 IS-



62

10

1 (F) There ma,y not be more than 25 per-

2 sons on the staff at any one time.

3 (G) No member of a Federal aofency and

4 no employee of a Federal agency may serv-e as

5 a Commissioner or as a paid member of the

6 staff.

7 (5) Assistance. — The Comptroller General of

8 the United States shall provide assistance, including

9 the detailing of employees, to the Commission in ac-

10 cordanee with an agreement entered into with the

11 Commission.

12 (j) Other Authority. —

13 (1) Experts and consultants. — The Com-

14 mission may procure by contract, to the extent funds

15 are available, the temporaiy or intermittent services

16 of experts or consultants pursuant to section 3109

17 of title 5, United States Code.

18 (2) Leasing. — The Commission may lease

19 space and acquire personal property to the extent

20 that funds are available.

21 (k) Funding. —

22 (1) In general. — There are authorized to be

23 appropriated to the Commission such funds as are

24 necessary to carry out its duties under this part.

25 Such funds shall remain available until expended.

S 1376 IS



63

11

1 (2) Appropriation. —

2 (A) Funding requirement. — Such funds

3 as are deemed necessary to support the oper-

4 ation of the Commission shall be appropriated

5 in the Legislative Branch Appropriations Act.

6 (B) Failure to appropriate. — If no

7 funds are appropriated to the Commission by

8 the end of the second session of the 104th Con-

9 gi'ess, the Secretaiy of the Treasurj^ may trans-

10 fer, during calendar year 1997, to the Commis-

11 sion funds from the general fund. Such funds

12 shall remain available until expended. Funds

13 not expended shall be returned to the Treasury

14 upon termination of the Commission.

15 (1) Termination. — The Commission shall terminate

16 on December 31, 1997.

17 (m) Prohibition Against Restricting Commu-

18 NICATIONS. — Section 1034 of title 10, and section 7211

19 of title 5, United States Code, shall apply \\ith respect

20 to communications with the Commission.

21 SEC. 2003. PROCEDURE FOR MAKING RECOMMENDATIONS

22 TO TERMINATE CORPORATE SUBSIDIES.

23 (a) Agenci" Plan. —

24 (1) In general. — No later than the date budg-

25 et documents are submitted to Congress in January

S 1376 IS



64

12

1 1997 in support of the budgets of each Federal

2 agency or department, the head of each agency or

3 department shall include a list identifying all pro-

4 grams or policies that in their own view satisfy the

5 conditions stated in Section 2002(b) (1) and (2).

6 (2) Contents. — Such a list shall include —

7 (A) a detailed description of each program

8 or policy in question;

9 (B) a statement detailing the magnitude of

10 the consistency of the program or policy with

11 section 2002(b)(1) and (2); and

12 (C) a recommendation to the Commission

13 regarding actions to be taken under section

14 2002(b)(3).

15 Such list shall also be submitted to the Commission

16 upon the confirmation of the Chairman.

17 (b) Review and Recommendations by the Com-

18 MISSION. —

19 (1) Re\^ew and HEARINGS. — ^After receiving

20 the recommendations from the agency pursuant to

21 subsection (a), the Commission shall conduct public

22 hearings on the recommendations. All testimony be-

23 fore the Commission at a public hearing conducted

24 under this paragraph shall be presented under oath.

25 (2) Report of commission. —

S 1376 IS



65

13

1 (A) Report to president. — The Com-

2 mission shall, by no later than July 1, 1997,

3 transmit to the President a report containing

4 the Commission's findings and recommenda-

5 tions for termination, modification, or retention

6 of progi'ams and policies reviewed by the com-

7 mission.

8 (B) Changes in recommendations. —

9 Subject to subparagi'aph (A), in making its rec-

10 ommendations, the Commission maj'^ make

11 changes in any of the recommendations made

12 by an agency if the Commission determines that

13 the agency deviated substantially from the cri-

14 teria in section 2002(b) (1) and (2).

15 (C) Changes. — In the case of a change in

16 the recommendations made by the agencies, the

17 Commission may make the change only if the

18 Commission —

19 (i) makes the determination required

20 by subparagraph (B); and

21 (ii) conducts public hearings on the

22 proposed changes.

23 (D) Application. — Subparagraph (C)

24 shall apply to a change by the Commission in

25 an agency's recommendation that would —

S 1376 IS



66



14
! (i) add or delete a program or policy

to the list recommended for termination;

3 (ii) add or delete a progi'am or policy

4 to the list recommended for modification;

5 or

6 (iii) increase or decrease the extent of
? a recommendation to modify a program in-
cluded in an agency's recommendation.

(3) Justification. — The Commission shall ex-
10 plain and justify in its report submitted to the Presi-

\ ant pursuant to paragi-aph (2) any recommendation

12 I lade by the Commission that is different from a

13 r '•ommendation made by an agency pursuant to

14 - section (a).

15 (4) Report to congress. — After July 1,
\(j 1997, when the Commission transmits recommenda-
' to the President the Commission shall prompt-

18 ly pr /ide, upon request, to any Member of Congress

19 infor ition used by the Commission in making its

20 reeo«iinendations.

2\ '^- "Comptroller general. — The Comptrol-

22 ior L-t'iJc . of the United States shall —

23 (A) assist the Commission, to the extent
'\.v 3Sted, in the Commission's review and anal-



._!l6 IS



67

15

1 ysis of the recommendations made by agencies

2 pursuant to section 2003(a); and

3 (B) by no later than April 15, 1997, trans-

4 mit to the Congress and to the Commission a

5 report containing a detailed analysis of the

6 agencies' recommendations.

7 (c) Review by the President. —

8 (1) In general. — The President shall, not

9 later than July 15, 1997 transmit to the Commis-

10 sion and to the Congress a report containing the

1 1 President's approval or disapproval of the Commis-

12 sion's recommendations submitted under subsection

13 (b).

14 (2) Approval. — If the President approves all

15 the recommendations of the Commission, the Presi-

16 dent shall transmit a copy of such recommendations

17 to the Congress, together with a certification of such

18 approval.

19 (3) Disapproval. — If the President dis-

20 approves the recommendations of the Commission in

21 whole or in part, the President shall transmit to the

22 Commission and the Congress the reasons for that

23 disapproval. The Commission shall then transmit to

24 the President, not later than August 15, 1997, a re-

25 vised list of recommendations.

S 1376 IS



68

16

1 (4) Revision. — If the President approves all of

2 the revised recommendations of the Commission

3 transmitted to the President under paragi'aph (3),

4 the President shall transmit a copj^ of such revised

5 recommendations to the Congress, together Avith a

6 certification of such approval.

7 (5) Approval of entire pacivage. — The

8 President may only submit an approval certificate

9 that pertains to the entire package of recommenda-

10 tions submitted by the Commission, pursuant to

11 paragraph (b)(2) or (c)(3).

12 (6) Failure to transmit. — If the President

13 does not transmit to the Congress an approval and

14 certification described in paragi'aph (2) or (4) by

15 September 1, 1997, the process established under

16 this Act shall be terminated.

17 SEC. 2004. CONGRESSIONAL CONSIDERATION.

18 (a) Presidential Special Message. — After receiv-

19 ing the recommendations of the Commission, if the Presi-

20 dent chooses to fonvard them to the Congi-ess consistent

21 with the guidelines stated in section 2003(c), such rec-

22 ommendations shall be forwarded in legislative form for

23 congressional action, with information specifying —

24 (1) the reasons and justifications for the rec-

25 ommendations;

S 1376 IS



69

17

1 (2) to the maximum extent practicable, the esti-

2 mated fiscal, economic, and budgetary impact of ac-

3 cepting the recommendations;

4 (3) the amount of projected savings resulting

5 from each recommendation; and

6 (4) all actions, circumstances, and consider-

7 ations relating to or bearing upon the recommenda-

8 tions and to the maximum extent practicable, the es-

9 timated effect of the recommendations upon the poli-

10 cies and progi'ams for which they are recommended.

11 (b) Transmission of Recommendations to

12 House and Senate. —

13 (1) Submission to congress. — The rec-

14 ommendations submitted by the President to the

15 Congress under this Act shall be submitted to the

16 House of Representatives and the Senate on the

17 same day, and shall be delivered to the Clerk of the

18 House of Representatives if the House is not in ses-

19 sion, and the Secretary of the Senate if the Senate

20 is not in session. The recommendations shall be de-

21 livered in legislative form and shall be printed as a

22 document in each House.

23 (2) Federal register. — Any recommenda-

24 tions transmitted under this Act shall be printed in



S 1376 IS



70

18

1 the first issue of the Federal Register after such

2 transmittal. '

3 (e) Referral to Committee. —

4 (1) In general. — The recommendations shall

5 be referred to the appropriate committees of the

6 House of Representatives and the Senate.

7 - (2) Discharge. — If, after 20 days, any com-

8 mittees to which the recommendations have been re-

9 ferred have not reported a bill to the appropriate

10 house ^\^th recommendations, those committees Avill

11 be automatically discharged, and the sections of the

12 bill which were referred to those committees in the

13 form submitted by the President, ^vill be placed on

14 the legislative calender of the appropriate House.

15 (d) Procedure in House of Representatrtes

16 After Report of Committee; Debate. —

17 (1) Motion to consider. — ^When the relevant

1 8 committees of the House of Representatives have re-

19 ported a bill under this title, it is in order at any

20 time after the fifth day (excluding Saturdays, Sun-

21 days, and legal holidays) following the day on which

22 the reports upon such legislation by the relevant

23 committees have been available to Members of the

24 House to move to proceed to the consideration of the

25 legislation. The motion is highly privileged and is

S 1376 IS



71

19

1 not debatable. An amendment to the motion is no

2 in order, and it is not in order to move to reconsider

3 the vole by which the motion is agreed to '>r '^"

4 ag^-eed to.

5 (2) Debate. — General debate on a bill in l:

6 House of Representatives shall be limited to ■:

7 more than 10 hours, which shall be di\dded equa'- '

8 between the majority and minority parties. A motion

9 further to limit debate is not debatable. A morion
10 postpone debate is not in order. A motion to recorn-
I'l mit the bill is not in order, and it is not in order

12 to move to reconsider the vote by which the bill is

13 agreed to or disagreed to.

14 (3) Terms of consideration. — Considerati>;

15 of a bill by the House of Representatives shall 'oe

16 the Committee of the Whole, and the legislbiio.

17 shall be considered for amendment under the f;-'

18 minute rale in accordance with the applicable p!'>

19 sions of ruk; XXIII of the Rules of the Housf

20 Representatives. After the committee rises and -

21 ports the bill back to the House, the previous <]';.■

22 tion shall be considered as ordered on the bill a-'

23 any amendments thereto to final passage wth'out

24 tervening motion.



S 1376 IS



72

20

1 (4) Limit on debate. — Debate in the House

2 of Representatives on the conference report on a bill

3 shall be limited to not more than 5 hours, which

4 shall be divided equally between the majority and

5 minority parties. A motion fin'ther to limit debate is

6 not debatable. A motion to recommit the conference

7 report is not in order, and it is not in order to move

8 to reconsider the vote by which the conference report

9 is ag:i'eed to or disa^-eed to. A motion to postpone

10 is not in order.

11 (5) Appeals. — Appeals from decisions of the

12 Chair relating to the application of the Rules of the

13 House of Representatives to the procedure relating

14 to a bill shall be decided wthout debate.

15 (e) Procedure in Senate After Report of Com-

16 mittee; Debate; Ajviendments. —

17 (1) Debate on bill. — Debate in the Senate

18 on a bill under this title, and all amendments there-

19 to and debatable motions and appeals in connection

20 there^vith, shall be limited to not more than 20

21 hours. The time shall be equally divided between,

22 and controlled by, the majority leader and the mi-

23 nority leader or their designees.

24 (2) Debate on amendments. — Debate in the

25 Senate on any amendment to a bill shall be limited

S 1376 IS



73

21

1 to 1 hour, to be equally divided between, and con-

2 trolled by, the mover and the manager of the bill,

3 and debate on any amendment to an amendment,

4 debatable motion, or appeal shall be limited to 30

5 minutes, to be equality divided between, and con-

6 trolled by, the mover and the manager of the bill, ex-

7 cept that in the event the manager of the concurrent

8 resolution is in favor of any such amendment, mo-

9 tion, or appeal, the time in opposition thereto shall

10 be controlled by the minority leader or his designee.

11 (3) Limit op' debate. — ^A motion to further

12 limit debate is not debatable. A motion to recommit

13 is not in order. A motion to postpone debate is not

14 in order.

15 (4) Action on conference reports in the

16 SENATE. —

17 (A) Motion to proceed. — A motion to

18 proceed to the consideration of the conference

19 report on a bill may be made even though a

20 previous motion to the same effect has been dis-

21 agi-eed to.

22 (B) Time limitation. — During the con-

23 sideration in the Senate of the conference re-

24 port (or a message between Houses) on a bill,

25 and all amendments in disagreement, and all

S 1376 IS



74



22

1 amendments thereto, and debatable motions

2 and appeals in connection therewith, debate

3 shall be limited to 5 hours, to be equally divided

4 between, and controlled by, the majority leader

5 and minority leader or their designees. Debate

6 on any debatable motion or appeal related to

7 the conference report (or a message between

8 Houses) shall be limited to 30 minutes, to be

9 equally divided between, and controlled by, the

10 mover and the manager of the conference re-

11 port (or a message between Houses).

12 (C) Defeat of report. — Should the con-

13 ference report be defeated, debate on any re-

14 quest for a new conference and the appointment

15 of conferees shall be limited to 1 hour, to be

16 equally di^^ded between, and controlled by, the

17 manager of the conference report and the mi-

18 nority leader or his designee, and should any

19 motion be made to instmct the conferees before

20 the conferees are named, debate on such motion

21 shall be limited to one-half hour, to be equally

22 divided between, and controlled by, the mover

23 and the manager of the conference report. De-

24 bate on any amendment to any such instruc-

25 tions shall be limited to 20 minutes, to be

S 1376 IS



75

23

1 equalh^ divided between and controlled by the

2 mover and the manager of the conference re-

3 port. In all cases when the manager of the con-

4 ference report is in favor of any motion, appeal,

5 or amendment, the time in opposition shall be

6 under the control of the minority leader or his

7 designee.

8 (D) Ajviendments in disagreement. — In

9 any case in which there are amendments in dis-

10 agreement, time on each amendment shall be

1 1 limited to 30 minutes, to be equally divided be-

12 tween, and controlled by, the manager of the

13 conference report and the minority leader or his

14 designee.

15 (f) Rules of the Senate and House. — This sec-

16 tion is enacted by Congi-ess —

17 (1) as an exercise of the rulemaking power of

18 the Senate and House of Representatives, respec-

19 tively, and as such it is deemed a part of the iTiles

20 of each House, respectively, but applicable only with

21 respect to the procedure to be followed in that

22 House in the case of a resolution described in sub-

23 section (a), and it supersedes other rales only to the

24 extent that it is inconsistent ^\^th such niles; and



S 1376 IS



m

M

1 (2) with full recognition of the constitutional

2 right of either House to change the iiiles so far as

3 relating to the procedure of that House at any time,

4 in the same manner, and to the same extent as in

5 the case of any other mle of that House.

Q



S 1376 IS



77



104th Congress
ist Session



SENATE RECORD VOTE ANALYSIS
Vote No. 511



October 26, 1995, 10:36 p.m.
Page S-15828 Temp. Record



BALANCED BUDGET RECONCILIATION/Additional Savings

SUBJECT: Balanced Budget Reconciliation Act of 1995 . . . S. 1357. McCain motion to waive section 305(b)(2) of the

Budget Act for the consideration of the McCain amendment No. 2971.

ACTION: MOTION REJECTED, 25-74

SYNOPSIS: As reported, S. 1357, the Balanced Budget Reconciliation Act of 1995, will result in a balanced budget in seven
years, as scored by the Congressional Budget Office (CBO). The bill will also provide a $245 billion middle-class
tax cut. $141.4 billion of which will be to provide a $500 per child lax credit.

The McCain amendment would provide for the following (for $60 billion in savings over 7 years):

• the elimination of the Market Promotion Program;

• the termination of the ."Advanced Light- Water Reactor Program;

• a requirement that a contractor who purchases timber on Federal land must pay a fair pro rata share for the construction and
maintenance of any road necessary to get to that timber;

• the termination of the United States Travel and Tourism Administration;

• a requirement for the Defense Department to seek recoupment from any overseas military equipment sales ofany nonrecurrmg
costs it incurred for research development, and production of that military equipment;

• the elimination of authority and funding to conduct highway demonstration projects,

• a prohibition on direct and guaranteed electric and telephone loans by the Rural Utilities Service absent a substantial need;

• limitations on the Export-Import Bank;

• a ban on the National Aeronautics and Space Administration conducting research and development activities related to the
performance of aircraft, unless those activities were paid for by the private sector;

• the allocation by competitive bidding of electromagnetic spectrum (with exceptions);

• the prohibition of procurement of additional B-2 bomber aircraft; and

• the termination ofany fossil fuels program research and development project that did not have at least 75 percent of Its costs
paid for by a non-Federal source by 1 year after the date of enactment of this Act.

(See other side)





RFPUBLICANS




DEMOCRATS


NOT VOTING


Voting Yea


VoHng Nay


Voting Yea


Voting Nay




(IS or 28%)


(38 c


)r 72%)


(10 or 22%)


(36 or


78%)


Republicans (0) Demt


Abraham


.Ashcroft


KcmpUiome


Biden


Akaka


Hefiin




Brown


Bennett


Kyi


Bradley


Baucus


Hollings




Coals


Bond


Lon


Feingold


Bingaman


Inouye




Cohen


Bums


Lugar


Kennedy


Boxer


Johnston




Dole


Campbell


Mack


Kerry


Breaux


Kerrey




Faircloth


Chafce


McConneli


Kohl


Bryan


Leahy




Gramm


Cochran


Murkowski


Lautenberg


Bumpers


Levin




GraiTis


Cr,. erdell


NicUes


Movnihan


Byrd


Lieberman




Grassley


Craig


Pressler


Pelf


Conrad


Mik-ulski




Gregg


D"AmaIo


Santorum


Robb


Daschle


Moseley-Braun




Hutchison


DeWine


Shelby




Dodd


Murrav




Jeffords


Domenici


Simpson




Dorgan


Nunn'




McCain


Frist


Smith




Exon


Pryor




Rolh


Gorton


Snowe




Feinstein


Reid




Thompson


Hatch


Specter




Ford


Rockefeller






Hatfield


Stevens




Glenn


Sarbanes






Helms


Thomas




Graham


Simon






Inhofe


Thurmond




Harkin


Wellslone






Kassebaum


Warner











Compiled and wriRen by the staff of the Republican Policy Committee — Don Nickles, Chairman



BOSTON PUBLIC LIBRARY



78 III

3 9999 05984 390 2

VOTE NO. 51 1 OCTOBER 26, 1995

Debate on first-degree amendments to reconciliation bills is limited to 2 hours each. By unanimous consent, debate on the McCain
amendment was further limited. Following debate. Senator Exon raised the point of order that the amendment violated section
305(b)(2) of the Budget Act for adding non-germane matter. Senator McCain then moved to waive that section for the consideration
of the amendment. Generally, those favoring the motion to waive favored the amendment; those opposing the motion to waive
opposed the amendment.

NOTE; A three-fifths majority (60) vote of the Senate is required to waive section 305(b)(2). Following the vote, the point of
order was upheld and the amendment thus fell.

Those favoring the motion to waive contended;

The libertarian CATO mstirute and the liberal Progressive Policy Institute joined forces to identify egregious forms of corporate
welfare in the Federal budget. They came up with a series of expenditures, which, if eliminated, would save over $60 billion over
the next 7 years. We have taken their list and presented it as the McCain amendment. Senators are familiar with the corporate welfare
items that would be stricken by the McCain amendment. Many of them, such as the Market Promotion Program, have been debated
and voted on many times in the past. Previous auempts to eliminate them h::ve failed, but we hope to do better this time because of
the context of this debate. The bill before us will bring America's budget back into balance by restraining entitlement programs.
With the massive and painful changes that are being made, we think it will be more difficult for Senators to vote in favor of the
spending that would be stricken by the McCain amendment. We are also made more hopeful by the fact that in the highly polarized
debate that has emerged on this bill we have been able to attract strong bipartisan cosponsorship of this amendment. We hope that
a majority of our colleagues, even if they support one or rwo of the items that would be stricken by this amendment, will look at
the larger picUire of $60 billion m additional savings, and will thus join us in voting to waive the Budget Act.

While favoring the amendment, some Senators expressed the following reservations;

We will vote m favor of the motion to waive with extreme reluctance. Some of the programs in here, such as the program to
make rural utility rates affordable, should not be subjected to cuts. To save money, though, we will vote in favor of the amendment.

Those opposing the motion to waive contended;


1 2 3 4 5 6 7 9

Online LibraryUnited States. Congress. Senate. Committee on GoveS. 1376, the Corporate Subsidy Review, Reform, and Termination Act of 1995 : hearing before the Committee on Governmental Affairs, United States Senate, One Hundred Fourth Congress, second session, on S. 1376, to terminate unnecessary and inequitable federal corporate subsidies, March 5, 1996 → online text (page 9 of 10)