I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Corporate Subsidy Re5 form Commission Act of 2003’’. 
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1 SEC. 2. FINDINGS. 

2 Congress finds that—

3 (1) Federal subsidies, including tax advantages, 

4 which may have been enacted with a valid purpose 

5 for specific industries or industry segments can—

6 (A) fall subject to abuse, causing unantici7 pated and unjustified windfalls to some indus8 tries and industry segments; or 

9 (B) become obsolete, anticompetitive, or no 

10 longer in the public interest, making such sub11 sidies unnecessary or undesired; 

12 (2) it is unfair to force the United States tax13 payer to support unnecessary subsidies, including 

14 tax advantages, that do not provide a substantial 

15 public benefit or serve the public interest; 

16 (3) Congress and the President have been un17 able to evaluate methodically those Federal subsidies 

18 that are unfair and unnecessary and require reform 

19 or elimination; and 

20 (4) a Commission to advise the President and 

21 Congress is essential to a comprehensive review of 

22 such unfair corporate subsidies and to the reform or 

23 elimination of such subsidies. 

24 SEC. 3. PURPOSE. 

25 The purpose of this Act is to establish a fair and de26 liberative process that will result in the timely identifica-
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1 tion, review, and reform or elimination of unnecessary and 

2 inequitable subsidies, including tax advantages, provided 

3 by the Federal Government to entities or industries en4 gaged in profitmaking enterprises. 

5 SEC. 4. DEFINITION. 

6 In this Act, the term ‘‘inequitable Federal subsidy’’ 

7 means a payment, benefit, service, or tax advantage 

8 that—

9 (1) is provided by the Federal Government to 

10 any corporation, partnership, joint venture, associa11 tion, or business trust, not to include—

12 (A) a nonprofit organization described 

13 under section 501(c)(3) of the Internal Revenue 

14 Code of 1986 that is exempt from taxation 

15 under section 501(a) of the Internal Revenue 

16 Code of 1986; or 

17 (B) a State or local government or Indian 

18 tribe or Alaska Native village or regional or vil19 lage corporation as defined in or established 

20 pursuant to the Alaska Native Claims Settle21 ment Act (43 U.S.C. 1601 et seq.); 

22 (2) is provided without a reasonable expecta23 tion, demonstrated with the use of reliable perform24 ance criteria, that actions or activities undertaken or 

25 performed in return for such payment, benefit, serv-
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1 ice, or tax advantage would result in a return or 

2 benefit, quantifiable or nonquantifiable, to the public 

3 at least as great as the payment, benefit, service, or 

4 tax advantage; 

5 (3) provides an unfair competitive advantage or 

6 financial windfall; and 

7 (4) shall not include a payment, benefit, service, 

8 or tax advantage that—

9 (A) is awarded for the purposes of re10 search and development that—

11 (i) is in the broad public interest on 

12 the basis of a peer reviewed or other open, 

13 competitive, merit-based procedure; 

14 (ii) is for a purpose consistent with 

15 the mission of the agency; 

16 (iii) supports competing technologies 

17 at levels appropriate to their potential, as 

18 determined by an appropriate priority set19 ting process; and 

20 (iv) the private sector cannot reason21 ably be expected to undertake without Fed22 eral support at a level or in a timeframe 

23 consistent with the payment, benefit, serv24 ice, or tax advantage’s potential to provide 

25 broad economic or other public benefit; 
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1 (B) primarily benefits public health, safety, 

2 the environment, or education; 

3 (C) is necessary to comply with inter4 national trade or treaty obligations; 

5 (D) is certified by the United States Trade 

6 Representative as specifically intended and as 

7 substantially needed to protect the foreign trade 

8 interests of the United States; or 

9 (E) is for the purpose of procurement of 

10 property or services by the United States Gov11 ernment. 

12 SEC. 5. THE COMMISSION. 

13 (a) ESTABLISHMENT.—There is established an inde14 pendent commission to be known as the ‘‘Corporate Sub15 sidy Reform Commission’’ (in this Act referred to as the 

16 ‘‘Commission’’). 

17 (b) DUTIES.—The Commission shall—

18 (1) examine the programs and tax laws of the 

19 Federal Government and identify programs and tax 

20 laws that provide inequitable Federal subsidies; 

21 (2) review inequitable Federal subsidies; and 

22 (3) submit the report required under section 

23 6(b) to the President and Congress. 

24 (c) LIMITATIONS.—
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1 (1) CREATION OF NEW PROGRAMS OR TAXES.—

2 This Act is not intended to result in the creation of 

3 new programs or taxes, and the Commission estab4 lished in this section shall limit its activities to re5 viewing existing programs or tax laws with the goal 

6 of ensuring fairness and equity in the operation and 

7 application of such programs and laws. 

8 (2) ELIMINATION OF AGENCIES AND DEPART9 MENTS.—The Commission shall limit its rec10 ommendations to the termination or reform of pay11 ments, benefits, services, or tax advantages, rather 

12 than the termination of Federal agencies or depart13 ments. 

14 (d) ADVISORY COMMITTEE.—The Commission shall 

15 be considered an advisory committee within the meaning 

16 of the Federal Advisory Committee Act (5 U.S.C. App.). 

17 (e) APPOINTMENT.—

18 (1) MEMBERS.—The Commissioners shall be 

19 appointed for the life of the Commission and shall 

20 be composed of nine members of whom—

21 (A) 3 shall be appointed by the President 

22 of the United States; 

23 (B) 2 shall be appointed by the Speaker of 

24 the House of Representatives; 
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1 (C) 1 shall be appointed by the minority 

2 leader of the House of Representatives; 

3 (D) 2 shall be appointed by the majority 

4 leader of the Senate; and 

5 (E) 1 shall be appointed by the minority 

6 leader of the Senate. 

7 (2) CONSULTATION REQUIRED.—The President, 

8 the Speaker of the House of Representatives, the mi9 nority leader of the House of Representatives, the 

10 majority leader of the Senate, and the minority lead11 er of the Senate shall consult among themselves 

12 prior to the appointment of the members of the 

13 Commission in order to achieve, to the maximum ex14 tent possible, fair and equitable representation of 

15 various points of view with respect to the matters to 

16 be studied by the Commission under subsection (b). 

17 (3) APPOINTMENTS.—During the period of 

18 January 1, 2004 through January 31, 2004, the 

19 President shall submit to the Senate the names of 

20 3 individuals for appointment to the Commission. 

21 (4) FAILURE TO APPOINT.—If the President 

22 does not submit to Congress the names of 3 individ23 uals for appointment to the Commission on or before 

24 the date specified in paragraph (3), the process es25 tablished under this Act shall be terminated. 
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1 (5) CHAIRMAN.—At the time the President 

2 nominates individuals for appointment to the Com3 mission the President shall designate 1 such indi4 vidual who shall serve as Chairman of the Commis5 sion. 

6 (6) BACKGROUND.—The members shall rep7 resent a broad array of expertise covering, to the ex8 tent practical, all subject matter, programs, and tax 

9 laws the Commission is likely to review. 

10 (f) TERMS.—Each member of the Commission in11 cluding the Chairman shall serve until the termination of 

12 the Commission. 

13 (g) MEETINGS.—

14 (1) INITIAL MEETING.—Not later than April 1, 

15 2004, the Commission shall conduct its first meet16 ing. 

17 (2) OPEN MEETINGS.—Each meeting of the 

18 Commission shall be open to the public. In cases 

19 where classified information, trade secrets, or per20 sonnel matters are discussed, the Chairman may 

21 close the meeting. All proceedings, information, and 

22 deliberations of the Commission shall be available, 

23 upon request, to the chairman and ranking member 

24 of the relevant committees of Congress. 
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1 (h) VACANCIES.—A vacancy on the Commission shall 

2 be filled in the same manner as the original appointment. 

3 (i) PAY AND TRAVEL EXPENSES.—

4 (1) PAY.—Notwithstanding section 7 of the 

5 Federal Advisory Committee Act (5 U.S.C. App.), 

6 each Commissioner, other than the Chairman, shall 

7 be paid at a rate equal to the daily equivalent of the 

8 minimum annual rate of basic pay for level IV of the 

9 Executive Schedule under section 5315 of title 5, 

10 United States Code, for each day (including travel 

11 time) during which the member is engaged in the ac12 tual performance of duties vested in the Commis13 sion. 

14 (2) CHAIRMAN.—Notwithstanding section 7 of 

15 the Federal Advisory Committee Act (5 U.S.C. 

16 App.), the Chairman shall be paid for each day re17 ferred to in paragraph (1) at a rate equal to the 

18 daily payment of the minimum annual rate of basic 

19 pay payable for level III of the Executive Schedule 

20 under section 5314 of title 5, United States Code. 

21 (3) TRAVEL EXPENSES.—Members shall receive 

22 travel expenses, including per diem in lieu of subsist23 ence, in accordance with sections 5702 and 5703 of 

24 title 5, United States Code. 

25 (j) DIRECTOR OF STAFF.—
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1 (1) QUALIFICATIONS.—The Chairman shall ap2 point a Director who has not served in any of the 

3 entities or industries that the Commission intends to 

4 review during the 12 months preceding the date of 

5 such appointment. 

6 (2) PAY.—Notwithstanding section 7 of the 

7 Federal Advisory Committee Act (5 U.S.C. App.), 

8 the Director shall be paid at the rate of basic pay 

9 payable for level IV of the Executive Schedule under 

10 section 5315 of title 5, United States Code. 

11 (3) REPORTS.—On administrative and per12 sonnel matters, the Director shall submit periodic 

13 reports to the Chairman of the Commission and the 

14 chairman and ranking member of the Committee on 

15 Governmental Affairs of the Senate and the Com16 mittee on Government Reform and Oversight of the 

17 House of the Representatives. 

18 (k) STAFF.—

19 (1) ADDITIONAL PERSONNEL.—Subject to para20 graphs (2) and (4), the Director, with the approval 

21 of the Commission, may appoint and fix the pay of 

22 additional personnel. 

23 (2) APPOINTMENTS.—The Director may make 

24 such appointments without regard to the provisions 

25 of title 5, United States Code, governing appoint-
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1 ments in the competitive service, and any personnel 

2 so appointed may be paid without regard to the pro3 visions of chapter 51 and subchapter III of chapter 

4 53 of that title relating to classification and General 

5 Schedule pay rates. 

6 (3) DETAILEES.—Upon the request of the Di7 rector, the head of any Federal department or agen8 cy may detail any of the personnel of that depart9 ment or agency to the Commission to assist the 

10 Commission in accordance with an agreement en11 tered into with the Commission. 

12 (4) RESTRICTIONS ON PERSONNEL AND

13 DETAILEES.—The following restrictions shall apply 

14 to personnel and detailees of the Commission: 

15 (A) PERSONNEL.—Not more than one16 third of the personnel detailed to the Commis17 sion may be on detail from Federal agencies 

18 that deal directly or indirectly with the Federal 

19 subsidies the Commission intends to review. 

20 (B) ANALYSTS.—Not more than one-fifth 

21 of the professional analysts of the Commission 

22 may be persons detailed from a Federal agency 

23 that deals directly or indirectly with the Federal 

24 subsidies the Commission intends to review. 
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1 (C) LEAD ANALYST.—No person detailed 

2 from a Federal agency to the Commission may 

3 be assigned as the lead professional analyst 

4 with respect to an entity or industry the Com5 mission intends to review if the person has been 

6 involved in regulatory or policymaking decisions 

7 affecting any such entity or industry in the 12 

8 months preceding such assignment. 

9 (D) DETAILEE.—A person may not be de10 tailed from a Federal agency to the Commission 

11 if, within 12 months before the detail is to 

12 begin, that person participated personally and 

13 substantially in any matter within that par14 ticular agency concerning the preparation of 

15 recommendations under this Act. 

16 (E) FEDERAL OFFICER OR EMPLOYEE.—

17 No member of a Federal agency, and no officer 

18 or employee of a Federal agency, may—

19 (i) prepare any report concerning the 

20 effectiveness, fitness, or efficiency of the 

21 performance on the staff of the Commis22 sion of any person detailed from a Federal 

23 agency to that staff; 

24 (ii) review the preparation of such re25 port; or 
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1 (iii) approve or disapprove such a re2 port. 

3 (F) LIMITATION ON STAFF SIZE.—(i) Sub4 ject to clause (ii), there may not be more than 

5 25 persons (including any detailees) on the 

6 staff at any time. 

7 (ii) The Commission may increase per8 sonnel in excess of the limitation under clause 

9 (i), 15 days after submitting notification of 

10 such increase to the Committee on Govern11 mental Affairs of the Senate and the Committee 

12 on Government Reform and Oversight of the 

13 House of Representatives. 

14 (G) LIMITATION ON FEDERAL OFFICER.—

15 No member of a Federal agency and no em16 ployee of a Federal agency may serve as a Com17 missioner or as a paid member of the staff. 

18 (5) ASSISTANCE.—

19 (A) IN GENERAL.—The Comptroller Gen20 eral of the United States may provide assist21 ance, including the detailing of employees, to 

22 the Commission in accordance with an agree23 ment entered into with the Commission. 

24 (B) CONSULTATION.—The Commission 

25 and the Comptroller General of the United 
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1 States shall consult with the Committee on 

2 Governmental Affairs of the Senate and the 

3 Committee on Government Reform and Over4 sight of the House of Representatives on the 

5 agreement referred to under subparagraph (A) 

6 before entering into such agreement. 

7 (l) OTHER AUTHORITY.—

8 (1) EXPERTS AND CONSULTANTS.—The Com9 mission may procure by contract, to the extent funds 

10 are available, the temporary or intermittent services 

11 of experts or consultants pursuant to section 3109 

12 of title 5, United States Code. 

13 (2) LEASING.—The Commission may lease 

14 space and acquire personal property to the extent 

15 that funds are available. 

16 (m) FUNDING.—

17 (1) COMMISSION.—There are authorized to be 

18 appropriated to the Commission such funds as are 

19 necessary to carry out its duties under this Act. 

20 (2) COMPTROLLER GENERAL.—There are au21 thorized to be appropriated to the Comptroller Gen22 eral of the United States such funds as are nec23 essary to carry out its duties under subsection (k)(5) 

24 and section 6(b)(5).
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1 (n) TERMINATION.—The Commission shall terminate 

2 on September 1, 2005. 

3 SEC. 6. PROCEDURE FOR MAKING RECOMMENDATIONS TO 

4 TERMINATE CORPORATE SUBSIDIES. 

5 (a) AGENCY PLAN.—

6 (1) IN GENERAL.—Not later than April 1, 

7 2004, or the date budget documents are submitted 

8 to Congress in 2004, whichever is earlier, in support 

9 of the budget of each Federal department or agency, 

10 the head of each department or agency shall include 

11 in such documents a list identifying all programs or 

12 tax laws within that department or agency that the 

13 head of the department or agency determines pro14 vide inequitable Federal subsidies. 

15 (2) CONTENTS.—Such a list shall include—

16 (A) a detailed description of each program 

17 or tax law in question; 

18 (B) a statement detailing the extent to 

19 which a payment, benefit, service, or tax advan20 tage meets the provisions of section 4; 

21 (C) a statement summarizing the legisla22 tive history and purpose of such payment, ben23 efit, service, or tax advantage, and the laws or 

24 policies directly or indirectly giving rise to the 

25 need for such programs or tax laws; and 
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1 (D) a recommendation to the Commission 

2 regarding actions to be taken under section 

3 5(b)(3). 

4 (3) INTERNATIONAL TRADE PROGRAMS.—As 

5 part of its agency plan submitted pursuant to this 

6 subsection, the United States Trade Representative 

7 shall survey all federally supported international 

8 trade programs in all Federal agencies and shall cer9 tify to the Commission which of those programs 

10 meet the requirements of section 4(4)(D). The 

11 Trade Representative shall provide the Commission 

12 a detailed statement of the reasons each program 

13 was or was not so certified as part of its agency 

14 plan. 

15 (b) REVIEW AND RECOMMENDATIONS BY THE COM16 MISSION.—

17 (1) REVIEW AND HEARINGS.—At any time after 

18 the submission of the budget documents to Con19 gress, the Commission shall conduct public hearings 

20 on the recommendations included in the lists re21 quired under subsection (a). All testimony before the 

22 Commission at a public hearing conducted under 

23 this paragraph shall be presented under oath. 

24 (2) REPORT OF COMMISSION.—
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1 (A) REPORT TO PRESIDENT.—Not later 

2 than November 30, 2004, the Commission shall 

3 submit a report to the President containing the 

4 Commission’s findings and recommendations 

5 for termination, modification, or retention of 

6 each of the inequitable Federal subsidies re7 viewed by the Commission. Such findings and 

8 recommendations shall specify—

9 (i) all actions, circumstances, and con10 siderations relating to or bearing upon the 

11 recommendations; and 

12 (ii) to the maximum extent prac13 ticable, the estimated effect of the rec14 ommendations upon the policies, laws and 

15 programs directly or indirectly affected by 

16 the recommendations. 

17 (B) CHANGES IN RECOMMENDATIONS.—

18 Subject to the deadline in subparagraph (A), in 

19 making its recommendations, the Commission 

20 may make changes in any of the recommenda21 tions made by a department or agency if the 

22 Commission determines that such department 

23 or agency deviated substantially from the provi24 sions of section 4. 
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1 (C) CHANGES.—In the case of a change in 

2 the recommendations made by a department or 

3 agency, the Commission may make the change 

4 only if the Commission—

5 (i) makes the determination required 

6 under subparagraph (B); and 

7 (ii) conducts a public hearing on the 

8 Commission’s proposed changes. 

9 (D) APPLICATION.—Subparagraph (C) 

10 shall apply to a change by the Commission in 

11 a department or agency recommendation that 

12 would—

13 (i) add or delete a payment, benefit, 

14 service, or tax advantage to the list rec15 ommended for termination; 

16 (ii) add or delete a payment, benefit, 

17 service, or tax advantage to the list rec18 ommended for modification; or 

19 (iii) increase or decrease the extent of 

20 a recommendation to modify a payment, 

21 benefit, service, or tax advantage included 

22 in a department’s or agency’s rec23 ommendation. 

24 (3) JUSTIFICATION.—The Commission shall ex25 plain and justify in the report submitted to the 
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1 President under paragraph (2) any recommendation 

2 made by the Commission that is different from a 

3 recommendation made by an agency under sub4 section (a). 

5 (4) REPORT TO CONGRESS.—After November 

6 30, 2004, or after the date the Commission submits 

7 recommendations to the President, the Commission 

8 shall, upon request, promptly provide to any Member 

9 of Congress the information used by the Commission 

10 in making its recommendations. 

11 (5) COMPTROLLER GENERAL.—The Comp12 troller General of the United States shall—

13 (A) assist the Commission, to the extent 

14 requested, in the Commission’s review and anal15 ysis of the list, statements, and recommenda16 tions made by departments and agencies under 

17 subsection (a); and 

18 (B) not later than 60 days after April 1, 

19 2004, or the public release of the President’s 

20 budget documents in 2004, whichever is earlier, 

21 submit to Congress and to the Commission a 

22 report containing a detailed analysis of the list, 

23 statements, and recommendations of each de24 partment or agency. 

25 (c) REVIEW BY THE PRESIDENT.—
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1 (1) IN GENERAL.—Not later than December 31, 

2 2004, the President shall submit a report to the 

3 Commission and to Congress containing the Presi4 dent’s approval or disapproval of the Commission’s 

5 recommendations submitted under subsection (b). 

6 (2) APPROVAL.—If the President approves all 

7 the recommendations of the Commission, the Presi8 dent shall submit a copy of such recommendations 

9 to Congress, together with a certification of such ap10 proval. 

11 (3) DISAPPROVAL.—If the President dis12 approves the recommendations of the Commission in 

13 whole or in part, the President shall submit to the 

14 Commission and Congress the reasons for that dis15 approval. Not later than February 1, 2005, the 

16 Commission shall submit to the President a revised 

17 list of recommendations. 

18 (4) REVISION.—If the President approves all of 

19 the revised recommendations of the Commission sub20 mitted to the President under paragraph (3), the 

21 President shall submit a copy of such revised rec22 ommendations to Congress, together with a certifi23 cation of such approval. 

24 (5) APPROVAL OF ENTIRE PACKAGE.—The 

25 President may only submit an approval certificate 
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1 that pertains to the entire package of recommenda2 tions submitted by the Commission under subsection 

3 (b)(2) or paragraph (3) of this subsection. 

4 (6) FAILURE TO SUBMIT.—If the President 

5 does not submit to Congress an approval and certifi6 cation described in paragraph (2) or (4) by Feb7 ruary 15, 2005, the process established under this 

8 Act shall be terminated. 

9 SEC. 7. CONGRESSIONAL CONSIDERATION. 

10 (a) SUBMISSION OF RECOMMENDATIONS OF THE

11 PRESIDENT.—If the President submits the Commission 

12 recommendations to Congress under section 6(c) (2) or 

13 (4), such recommendations shall be accompanied by infor14 mation specifying—

15 (1) the reasons and justifications for the rec16 ommendations; 

17 (2) to the maximum extent practicable, the esti18 mated fiscal, economic, and budgetary impact of ac19 cepting the recommendations; 

20 (3) the amount of the projected savings result21 ing from each recommendation; 

22 (4) all actions, circumstances, and consider23 ations relating to or bearing upon the recommenda24 tions and to the maximum extent practicable, the es25 timated effect of the recommendations upon the poli-
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1 cies, laws and programs directly or indirectly af2 fected by the recommendations; and 

3 (5) the specific changes in Federal statute nec4 essary to implement the recommendations. 

5 (b) SUBMISSION OF RECOMMENDATIONS TO THE

6 SENATE AND HOUSE OF REPRESENTATIVES.—

7 (1) SUBMISSION TO CONGRESS.—The rec8 ommendations submitted by the President to Con9 gress under subsection (a) shall be submitted to the 

10 Senate and the House of Representatives on the 

11 same day, and shall be delivered to the Secretary of 

12 the Senate if the Senate is not in session, and to the 

13 Clerk of the House of the Representatives if the 

14 House is not in session. 

15 (2) FEDERAL REGISTER.—Any recommenda16 tions and accompanying information submitted 

17 under subsection (a) shall be printed in the first 

18 issue of the Federal Register after such submission. 

19 (c) INTRODUCTION.—

20 (1) DATE OF INTRODUCTION.—The majority 

21 leader of the Senate or his designee, and the Speak22 er of the House of Representatives, or his designee, 

23 shall introduce a bill (or bills as provided under 

24 paragraph (2)) that implements the recommenda25 tions submitted by the President under subsection 
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1 (a), not later than the later of 14 calendar days in 

2 session after the date on which—

3 (A) the Senate or the House of Represent4 atives received the recommendations submitted 

5 by the President under subsection (a), if the 

6 Senate or the House of Representatives (as ap7 plicable) is in session on the date of such sub8 mission; or 

9 (B) the Senate or the House of Represent10 atives is first in session after such recommenda11 tions are submitted, if the Senate or the House 

12 of Representatives (as applicable) is not in ses13 sion on the date of such submission. 

14 (2) MULTIPLE BILLS.—The majority leader of 

15 the Senate, or his designee, or the Speaker of the 

16 House of Representatives, or his designee, shall in17 troduce a bill or separate bills ensuring that all such 

18 recommendations will be implemented. 

19 (d) COMMITTEE REFERRAL AND ACTION.—

20 (1) IN GENERAL.—

21 (A) CONSIDERATION AND REPORT.—Any 

22 committee to which a bill or bills introduced 

23 under subsection (c) is referred shall report 

24 such bill not later than 120 calendar days after 

25 the date of referral. No amendment during 
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1 committee consideration of a bill or bills intro2 duced under subsection (c) shall be in order un3 less that amendment is confined to terminating 

4 or reforming an inequitable Federal subsidy as 

5 defined in section 4 of this Act. Any such re6 ported bill shall be referred to the Committee 

7 on Governmental Affairs of the Senate or the 

8 Committee on Government Reform and Over9 sight of the House of Representatives, as appli10 cable. 

11 (B) COMMITTEES ON FINANCE AND WAYS

12 AND MEANS.—

13 (i) IN GENERAL.—Any bill referred to 

14 the Committee on Finance or the Com15 mittee on Ways and Means that contains 

16 revenue increases may be amended to in17 clude reductions in revenues in the form of 

18 tax cuts in an amount up to the amount 

19 of the revenue increases. 

20 (ii) SCORECARD.—If the bill referred 

21 to in clause (i) is enacted into law, any 

22 amount of revenue reductions not made by 

23 the bill as provided in clause (i) shall be 

24 credited to the pay-as-you-go scorecard 

25 under section 252 of the Balanced Budget
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1 and Emergency Deficit Control Act of 

2 1985 and may only be offset by legislation 

3 reducing revenues. 

4 (2) DISCHARGE.—If a committee does not re5 port a bill within the 120-day period as provided 

6 under paragraph (1), such bill shall be discharged 

7 from the committee and referred to the Committee 

8 on Governmental Affairs of the Senate or the Com9 mittee on Government Reform and Oversight of the 

10 House of Representatives, as applicable. 

11 (3) REPORT TO FLOOR; CONSOLIDATION.—

12 (A) IN GENERAL.—Not later than the first 

13 day the Senate or the House of Representatives 

14 (as applicable) is in session following 10 cal15 endar days in session after the end of the 120-

16 day period described under paragraphs (1) and 

17 (2), the Committee on Governmental Affairs of 

18 the Senate and the Committee on Government 

19 Reform and Oversight of the House of Rep20 resentatives, as applicable, shall—

21 (i) consolidate all bills referred under 

22 paragraphs (1) and (2) into a single bill 

23 (without substantive amendment) and re24 port such bill to the Senate or the House 

25 of Representatives; or 
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1 (ii) if only 1 bill is referred under 

2 paragraph (1) or (2), report such bill 

3 (without amendment) to the Senate or 

4 House of Representatives. 

5 (B) LEGISLATIVE CALENDAR.—The bill re6 ported under subparagraph (A) shall be placed 

7 on the legislative calendar of the appropriate 

8 House. 

9 (e) PROCEDURE IN SENATE AFTER REPORT OF COM10 MITTEE; DEBATE; AMENDMENTS.—

11 (1) DEBATE ON BILL.—Debate in the Senate 

12 on a bill reported by the Committee on Govern13 mental Affairs under subsection (d)(3), and all 

14 amendments thereto and debatable motions and ap15 peals in connection therewith, shall be limited to not 

16 more than 30 hours. The time shall be equally di17 vided between, and controlled by, the majority leader 

18 and minority leader or their designees. 

19 (2) DEBATE ON AMENDMENTS.—Debate in the 

20 Senate on any amendment to the bill shall be limited 

21 to 1 hour, to be equally divided between, and con22 trolled by, the mover and the manager of the bill, 

23 and debate on any amendment to an amendment, 

24 debatable motion, or appeal shall be limited to 30 

25 minutes, to be equally divided between, and con-
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1 trolled by, the mover and the manager of the bill, ex2 cept that in the event the manager of the bill is in 

3 favor of any such amendment, motion or appeal, the 

4 time in opposition thereto shall be controlled by the 

5 minority leader or his designee. 

6 (3) LIMIT OF DEBATE.—(A) A motion to fur7 ther limit debate is not debatable. A motion by the 

8 majority leader or his designee to extend debate is 

9 not debatable. A motion to recommit is not in order. 

10 (B)(i) No amendment to the bill reported by 

11 the Committee on Governmental Affairs under sub12 section (d)(3) shall be in order unless—

13 (I) that amendment is confined to termi14 nating or reforming an inequitable Federal sub15 sidy as defined by section 4 of this Act; and 

16 (II) that amendment is germane to the bill 

17 reported by the Committee on Governmental 

18 Affairs. 

19 (ii) For the purposes of a bill described under 

20 clause (i), the term ‘‘germane’’ means only amend21 ments which strike language from such bill, or re22 store language in the bill or bills introduced under 

23 subsection (c). 

24 (4) CONFERENCE REPORTS.—
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1 (A) MOTION TO PROCEED.—A motion to 

2 proceed to the consideration of the conference 

3 report on a bill subject to the procedures of this 

4 section and reported to the Senate may be 

5 made even though a previous motion to the 

6 same effect has been disagreed to. 

7 (B) TIME LIMITATION.—The consideration 

8 in the Senate of the conference report on the 

9 bill and any amendments in disagreement there10 to, including all debatable motions and appeals 

11 in connection therewith, shall be limited to 5 

12 hours, to be equally divided between, and con13 trolled by, the majority leader and minority 

14 leader or their designees. Debate on any debat15 able motion, appeal related to the conference re16 port, or any amendment to an amendment in 

17 disagreement, shall be limited to 30 minutes, to 

18 be equally divided between, and controlled by, 

19 the mover and the manager of the conference 

20 report (or a message between Houses). 

21 (f) PROCEDURE IN HOUSE OF REPRESENTATIVES

22 AFTER REPORT OF THE COMMITTEE; DEBATE.—

23 (1) MOTION TO CONSIDER.—When the Com24 mittee on Government Reform and Oversight of the 

25 House of Representatives reports a bill under sub-
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•HR 2153 IH 

1 section (d)(3) it is in order (at any time after the 

2 fifth day (excluding Saturdays, Sundays, and legal 

3 holidays) following the day on which any committee 

4 report filed on a bill referred under subsection (d)(1) 

5 to the Committee on Government Reform and Over6 sight has been available to Members of the House) 

7 to move to proceed to the consideration of the bill 

8 reported to the House of Representatives. The mo9 tion is highly privileged and is not debatable. An 

10 amendment to the motion is not in order, and it is 

11 not in order to move to reconsider the vote by which 

12 the motion is agreed to or disagreed to. 

13 (2) DEBATE.—General debate on the bill in the 

14 House of Representatives shall be limited to not 

15 more than 10 hours, which shall be divided equally 

16 between the majority and minority parties. A motion 

17 further to limit debate is not debatable. A motion to 

18 postpone debate is not in order, and it is not in 

19 order to move to reconsider the vote by which the 

20 bill is agreed to or disagreed to. 

21 (3) TERMS OF CONSIDERATION.—Consideration 

22 of the bill by the House of Representatives shall be 

23 in the Committee of the Whole, and the bill shall be 

24 considered for amendment under the 5-minute rule 

25 in accordance with the applicable provisions of rule 
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1 XVIII of the Rules of the House of Representatives. 

2 After the committee rises and reports the bill back 

3 to the House, the previous question shall be consid4 ered as ordered on the bill and any amendments 

5 thereto to final passage without intervening motion. 

6 (4) LIMIT ON DEBATE.—Debate in the House 

7 of Representatives on the conference report on a bill 

8 subject to the procedures under this section and re9 ported to the House of Representatives shall be lim10 ited to not more than 5 hours, which shall be divided 

11 equally between the majority and minority parties. A 

12 motion further to limit debate is not debatable. A 

13 motion to recommit the conference report is not in 

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

15 the vote by which the conference report is agreed to 

16 or disagreed to. A motion to postpone is not in 

17 order. 

18 (5) APPEALS.—Appeals from decisions of the 

19 Chair relating to the application of the Rules of the 

20 House of Representatives to the procedure relating 

21 to the bill shall be decided without debate. 

22 (g) RULES OF THE SENATE AND HOUSE OF REP23 RESENTATIVES.—This section is enacted by Congress—

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

25 the Senate and the House of Representatives, re-
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1 spectively, but applicable only with respect to the 

2 procedure to be followed in that House in the case 

3 of a bill under this section, and it supersedes other 

4 rules only to the extent that it is inconsistent with 

5 such rules; and 

6 (2) with full recognition of the constitutional 

7 right of either House to change the rules as far as 

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

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

10 the case of any other rule of that House.

Æ