I 
110TH CONGRESS 
1ST SESSION 
H. R. 905 
To increase accountability and equity in the Federal budget. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2007 
Mr. UDALL of Colorado introduced the following bill; which was referred to 
the Committee on Oversight and Government Reform, and in addition to 
the Committees on Ways and Means, and Rules, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To increase accountability and equity in the Federal budget. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Commission on Unfair 
Tax Breaks and Subsidies (or ‘CUTS’) Act of 2007’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to establish a congressional 
advisory commission to identify and evaluate inequitable 
Federal subsidies. 
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SEC. 3. DEFINITIONS. 
(a) IN GENERAL.—For purposes of this Act, the term 
‘‘inequitable Federal subsidy’’ means a payment, benefit, 
service, or tax advantage that— 
(1) is provided by the Government to any cor-
poration, 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 vil-
lage corporation as defined in or established 
pursuant to the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.); 
(2) is provided without a reasonable expecta-
tion, demonstrated with the use of reliable perform-
ance criteria, that actions or activities undertaken or 
performed in return for such payment, benefit, serv-
ice, 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 
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(3) provides an unfair competitive advantage or 
financial windfall. 
(b) EXCEPTION.—Such term shall not include a pay-
ment, 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, competi-
tive, merit-based procedure; 
(B) is for a purpose consistent with the 
mission of the agency; 
(C) supports competing technologies at lev-
els 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 po-
tential to provide broad economic or other pub-
lic benefit; 
(2) PRIMARILY BENEFITS OR PROMOTES.— 
(A) public health, safety, or the environ-
ment, 
(B) development or use of energy from re-
newable sources; 
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(C) 
more 
efficient 
generation, 
trans-
mission, or use of energy; 
(D) national security, including homeland 
security; or 
(E) education; 
(3) is necessary to comply with international 
trade or treaty obligations; or 
(4) is for the purpose of procurement of prop-
erty or services by the United States Government. 
SEC. 4. COMMISSION. 
(a) ESTABLISHMENT.—There is established an inde-
pendent commission to be known as the ‘‘Commission on 
Unfair Tax Breaks and Subsidies’’ (hereafter in this Act 
referred to as the ‘‘Commission’’). 
(b) DUTIES.—The Commission shall— 
(1) examine the programs and tax laws of the 
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 
206 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 estab-
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lished in this section shall limit its activities to re-
viewing programs or tax laws as of the date of en-
actment of this Act with the goal of ensuring fair-
ness and equity in the operation and application 
thereof. 
(2) ELIMINATION OF AGENCIES AND DEPART-
MENTS.—The Commission shall limit its rec-
ommendations to the termination or reduction of 
payments, benefits, services, or tax advantages, rath-
er than the termination of Federal agencies or de-
partments. 
(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; 
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(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 appoint-
ment 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 Commis-
sion shall be the member appointed as provided in 
paragraph (1)(A). 
(4) BACKGROUND.—The members shall rep-
resent a broad array of expertise covering, to the ex-
tent practical, all subject matter, programs, and tax 
laws the Commission is likely to review. 
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(f) TERMS.—Each member of the Commission in-
cluding 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 pay-
ment, benefit, service, or tax advantage is an inequi-
table Federal subsidy 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 per-
sonnel 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. 
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(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 ac-
tual performance of duties vested in the Commis-
sion. 
(2) CHAIRMAN.—Notwithstanding section 7 of 
the Federal Advisory Committee Act (5 U.S.C. 
App.), the chairman shall be paid for each day re-
ferred 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 subsist-
ence, in accordance with section 5702 and 5703 of 
title 5, United States Code. 
(j) DIRECTOR OF STAFF.— 
(1) QUALIFICATIONS.—The chairman shall ap-
point a Director who has not served in any of the 
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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 per-
sonnel 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 Com-
mittee on Government Reform of the House of the 
Representatives. 
(k) STAFF.— 
(1) ADDITIONAL PERSONNEL.—Subject to para-
graphs (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 appoint-
ments in the competitive service, and any personnel 
so appointed may be paid without regard to the pro-
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with respect to an entity or industry the Com-
mission intends to review if the person has been 
involved in regulatory or policy-making deci-
sions affecting any such entity or industry in 
the 12 months preceding such assignment. 
(D) DETAILEE.—A person may not be de-
tailed 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 par-
ticular 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 Commis-
sion of any person detailed from a Federal 
agency to that staff; 
(ii) review the preparation of such re-
port; or 
(iii) approve or disapprove such a re-
port. 
(F) LIMITATION ON STAFF SIZE.— 
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(i) Subject to clause (ii), there may 
not be more than 50 persons (including 
any detailees) on the staff at any time. 
(ii) The Commission may increase 
personnel in excess of the limitation under 
clause (i), 15 days after submitting notifi-
cation of such increase to the Committee 
on Governmental Affairs of the Senate and 
the Committee on Government Reform of 
the House of Representatives. 
(G) LIMITATION ON FEDERAL OFFICER.— 
No member of a Federal agency and no em-
ployee of a Federal agency may serve as a Com-
missioner or receive additional compensation by 
reason of being a member of the staff. 
(5) ASSISTANCE.— 
(A) IN GENERAL.—The Comptroller Gen-
eral of the United States may provide assist-
ance, including the detailing of employees, to 
the Commission in accordance with an agree-
ment entered into with the Commission. 
(B) 
CONSULTATION.—The 
Commission 
and the Comptroller General of the United 
States shall consult with the Committee on 
Governmental Affairs of the Senate and the 
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Committee on Oversight and Government Re-
form of the House of Representatives on the 
agreement referred to under subparagraph (A) 
before entering into such agreement. 
(l) OTHER AUTHORITY.— 
(1) EXPERTS AND CONSULTANTS.—The Com-
mission may procure by contract, to the extent funds 
are available, the temporary or intermittent services 
of experts or consultants pursuant to section 3109 
of title 5, United States Code. 
(2) LEASING.—The Commission may lease 
space and acquire personal property to the extent 
that funds are available. 
(m) FUNDING.— 
(1) COMMISSION.—There are authorized to be 
appropriated to the Commission such funds as are 
necessary to carry out its duties under this Act. 
(2) COMPTROLLER GENERAL.—There are au-
thorized to be appropriated to the Comptroller Gen-
eral of the United States such funds as are nec-
essary to carry out its duties under subsection 
(k)(5). 
(n) TERMINATION.—The Commission shall terminate 
on the 90th day after the date that the Commission sub-
mits its report under section 205(a)(1). 
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SEC. 5. REPORT; CONGRESSIONAL CONSIDERATION. 
(a) REPORT OF COMMISSION.— 
(1) REPORT TO CONGRESS.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of the first meeting of the Com-
mission, the Commission shall submit to each 
House of Congress a report containing— 
(i) the Commission’s findings, and 
(ii) any recommendations agreed to by 
at least 4 Commission members for the 
termination, reduction, or revision of any 
of the inequitable Federal subsidies re-
viewed by the Commission. 
(B) SPECIFICATIONS.—Such findings and 
recommendations shall specify— 
(i) all actions, circumstances, and con-
siderations relating to or bearing upon the 
recommendations; and 
(ii) to the maximum extent prac-
ticable, the estimated effect of the rec-
ommendations upon the policies, laws and 
programs directly or indirectly affected by 
the recommendations. 
(2) REVIEW
OF
PRELIMINARY
REPORT
BY 
COMPTROLLER GENERAL.— 
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(A) IN
GENERAL.—Not later than 120 
days before the submission of the report under 
paragraph (1), the Commission shall submit the 
most recent version of such report to Comp-
troller General of the United States. 
(B) ANALYSIS
BY
COMPTROLLER
GEN-
ERAL.—Not later than 60 days after receiving 
the version of the report referred to in subpara-
graph (A), the Comptroller General of the 
United States shall submit to the Commission 
a report containing a detailed analysis of such 
version of the report. 
(b) SUBMISSION
OF RECOMMENDATIONS
TO
THE 
SENATE AND HOUSE OF REPRESENTATIVES.— 
(1) SUBMISSION
TO
CONGRESS.—The rec-
ommendations submitted to the Congress under sub-
section (a) shall be submitted to the Senate and the 
House of Representatives on the same day, and shall 
be delivered to the Secretary of the Senate if the 
Senate is not in session, and to the Clerk of the 
House of Representatives if the House is not in ses-
sion. 
(2) PUBLICATION.—Any recommendations and 
accompanying information submitted under sub-
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section (a) shall be published and made available to 
the public by the Commission. 
(c) INTRODUCTION.—Not later than 30 days after 
the date the report under subsection (a) is submitted to 
the Congress, the majority leaders of the Senate and the 
House of Representatives or their respective designees, 
shall introduce a bill to implement the recommendations 
submitted under subsection (a). 
(d) COMMITTEE REFERRAL AND ACTION.— 
(1) IN GENERAL.— 
(A) IN
GENERAL.—Any committee to 
which a bill or bills introduced under subsection 
(c) is referred shall report such bill no later 
than 20 days after the date of referral. No 
amendment during committee consideration of 
a bill or bills introduced under subsection (c) 
shall be in order unless that amendment is con-
fined to terminating, or reducing an inequitable 
Federal subsidy as defined in section 4 of this 
Act. Any such reported bill shall be referred to 
the Committee on Rules and Administration of 
the Senate and the Committee on Rules of the 
House of Representatives, as applicable. 
(B) TAX BILLS.—Any bill referred to the 
Committee on Finance of the Senate or the 
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Committee on Ways and Means of the House of 
Representatives that contains revenue increases 
may be amended to include reductions in reve-
nues in the form of tax cuts in an amount up 
to the amount of the revenue increases, but no 
amendment shall be in order that would result 
in a limited tax benefit as defined in subpara-
graph (C) of this paragraph. 
(C) LIMITED TAX BENEFIT.—For purposes 
of this paragraph, the term ‘‘limited tax ben-
efit’’ means— 
(i) any revenue-losing provision which 
provides a Federal tax deduction, credit, 
exclusion, or preference to 100 or fewer 
beneficiaries under the Internal Revenue 
Code of 1986 in any fiscal year for which 
the provision is in effect; and 
(ii) any Federal tax provision which 
provides temporary or permanent transi-
tional relief for 10 or fewer beneficiaries in 
any fiscal year from a change to the Inter-
nal Revenue Code of 1986. 
(D) EXCEPTIONS.—A provision shall not 
be treated as a limited tax benefit if the effect 
of that provision is that— 
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(i) all persons in the same industry or 
engaged in the same type of activity re-
ceive the same treatment; 
(ii) all persons owning the same type 
of property, or issuing the same type of in-
vestment, receive the same treatment; or 
(iii) any difference in the treatment of 
persons is based solely on— 
(I) in the case of businesses and 
associations, the size or form of the 
business or association involved; 
(II) in the case of individuals, 
general demographic conditions, such 
as income, marital status, number of 
dependents, or tax return filing sta-
tus; 
(III) the amount involved; or 
(IV) a generally-available election 
under the Internal Revenue Code of 
1986. 
(E) FURTHER EXCEPTIONS.—A provision 
shall not be treated as a limited tax benefit if— 
(i) it provides for the retention of 
prior law with respect to all binding con-
tracts or other legally enforceable obliga-
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tions in existence on a date contempora-
neous with congressional action specifying 
such date; or 
(ii) it is a technical correction to pre-
viously enacted legislation that is estimated 
to have no revenue effect. 
(F) TREATMENT.—For purposes of this 
paragraph— 
(i) all businesses and associations 
which are related within the meaning of 
sections 707(b) and 
(ii) all qualified plans of an employer 
shall be treated as a single beneficiary; 
(iii) all holders of the same bond issue 
shall be treated as a single beneficiary; and 
(iv) if a corporation, partnership, as-
sociation, trust or estate is the beneficiary 
of a provision, the shareholders of the cor-
poration, the partners of the partnership, 
the members of the association, or the 
beneficiaries of the trust or estate shall not 
also be treated as beneficiaries of such pro-
vision. 
(G) REVENUE-LOSING
PROVISION.—For 
purposes of this paragraph, the term ‘‘revenue- 
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losing provision’’ means any provision which re-
sults in a reduction in Federal tax revenues for 
any one of the two following periods— 
(i) the first fiscal year for which the 
provision is effective; or 
(ii) the period of the 5 fiscal years be-
ginning with the first fiscal year for which 
the provision is effective. 
(H) The terms used in this paragraph 
shall have the same meaning as those terms 
have generally in the Internal Revenue Code of 
1986, unless otherwise expressly provided. 
(2) DISCHARGE.—If a committee does not re-
port a bill within the 120-day period as provided 
under paragraph (1), such bill shall be discharged 
from the committee and referred to the Committee 
on Rules and Administration of the Senate or the 
Committee on Rules of the House of Representa-
tives, as applicable. 
(3) REPORT TO FLOOR; CONSOLIDATION.— 
(A) IN GENERAL.—No later than the first 
day the Senate or the House of Representatives 
(as applicable) is in session following 10 cal-
endar days in session after the end of the pe-
riod described under paragraphs (1) and (2), 
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the Committee on Rules and Administration of 
the Senate and the Committee on Rules of the 
House of Representatives, as applicable, shall— 
(i) consolidate all bills referred under 
paragraphs (1) and (2) into a single bill 
(without substantive amendment) and re-
port such bill to the Senate or the House 
of Representatives; or 
(ii) if only 1 bill is referred under 
paragraph (1) or (2), report such bill 
(without amendment) to the Senate or 
House of Representatives. 
(B) LEGISLATIVE CALENDAR.—The bill re-
ported under subparagraph (A) shall be placed 
on the legislative calendar of the appropriate 
House. 
(e) PROCEDURE IN SENATE AFTER REPORT OF COM-
MITTEE; DEBATE; AMENDMENTS.— 
(1) DEBATE ON BILL.—Debate in the Senate 
on a bill reported under subsection (d)(3), and all 
amendments thereto and debatable motions and ap-
peals in connection therewith, shall be limited to not 
more than 30 hours. The time shall be equally di-
vided between, and controlled by, the majority leader 
and minority leader or their designees. 
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(2) DEBATE ON AMENDMENTS.—Debate in the 
Senate on any amendment to the bill shall be limited 
to 1 hour, to be equally divided between, and con-
trolled by, the mover and the manager of the bill, 
and debate on any amendment to an amendment, 
debatable motion, or appeal shall be limited to 30 
minutes, to be equally divided between, and con-
trolled by, the mover and the manager of the bill, ex-
cept that in the event the manager of the bill is in 
favor of any such amendment, motion or appeal, the 
time in opposition thereto shall be controlled by the 
minority leader or his designee. 
(3) LIMIT OF DEBATE.— 
(A) A motion to further limit debate is not 
debatable. A motion by the majority leader or 
his designee to extend debate is not debatable. 
A motion to recommit is not in order. 
(B) No amendment to the bill reported 
under subsection (d)(3) shall be in order un-
less— 
(i) that amendment is confined to ter-
minating or reducing an inequitable Fed-
eral payment as defined by section 4 of 
this Act; 
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(ii) that amendment is germane to the 
bill reported by the Committee on Govern-
mental Affairs; and 
(iii) for the purposes of such bill, 
‘‘germane’’ means only amendments which 
strike language from such bill, or restore 
language in the bill or bills introduced 
under subsection (c). 
(4) CONFERENCE REPORTS.— 
(A) MOTION TO PROCEED.—A motion to 
proceed to the consideration of the conference 
report on a bill subject to the procedures of this 
section and reported to the Senate may be 
made even though a previous motion to the 
same effect has been disagreed to. 
(B) TIME LIMITATION.—The consideration 
in the Senate of the conference report on the 
bill and any amendments in disagreement there-
to, including all debatable motions and appeals 
in connection therewith, shall be limited to 5 
hours, to be equally divided between, and con-
trolled by, the majority leader and minority 
leader or their designees. Debate on any debat-
able motion, appeal related to the conference re-
port, or any amendment to an amendment in 
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disagreement, shall be limited to 30 minutes, to 
be equally divided between, and controlled by, 
the mover and the manager of the conference 
report (or a message between Houses). 
(f) PROCEDURE IN HOUSE OF REPRESENTATIVES 
AFTER REPORT OF THE COMMITTEE; DEBATE.— 
(1) MOTION TO CONSIDER.—When the Com-
mittee on Rules of the House of Representatives re-
ports a bill under subsection (d)(3) it is in order (at 
any time after the fifth day (excluding Saturdays, 
Sundays, and legal holidays) following the day on 
which any committee report filed on a bill referred 
under subsection (d)(1) to the Committee on Rules 
has been available to Members of the House) to 
move to proceed to the consideration of the bill re-
ported to the House of Representatives. The motion 
is highly privileged and is not debatable. An amend-
ment to the motion is not in order, and it is not in 
order to move to reconsider the vote by which the 
motion is agreed to or disagreed to. 
(2) DEBATE.—General debate on the bill in the 
House of Representatives shall be limited to not 
more than 10 hours, which shall be divided equally 
between the majority and minority parties. A motion 
further to limit debate is not debatable. A motion to 
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postpone debate is not in order, and it is not in 
order to move to reconsider the vote by which the 
bill is agreed to or disagreed to. 
(3) TERMS OF CONSIDERATION.—Consideration 
of the bill by the House of Representatives shall be 
in the Committee of the Whole, and the bill shall be 
considered for amendment under the 5-minute rule 
in accordance with the applicable provisions of rule 
XXIII of the Rules of the House of Representatives 
for the 110th Congress. After the committee rises 
and reports the bill back to the House, the previous 
question shall be considered as ordered on the bill 
and any amendments thereto to final passage with-
out intervening motion. 
(4) LIMIT ON DEBATE.—Debate in the House 
of Representatives on the conference report on a bill 
subject to the procedures under this section and re-
ported to the House of Representatives shall be lim-
ited to not more than 5 hours, which shall be divided 
equally between the majority and minority parties. A 
motion further to limit debate is not debatable. A 
motion to recommit the conference report is not in 
order, and it is not in order to move to reconsider 
the vote by which the conference report is agreed to 
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or disagreed to. A motion to postpone is not in 
order. 
(5) APPEALS.—Appeals from decisions of the 
chair relating to the application of the Rules of the 
House of Representatives to the procedure relating 
to the bill shall be decided without debate. 
(g) RULES OF THE SENATE AND HOUSE OF REP-
RESENTATIVES.—This section is enacted by Congress— 
(1) as an exercise of the rulemaking power of 
the Senate and the House of Representatives, re-
spectively, but applicable only with respect to the 
procedure to be followed in that House in the case 
of a bill under this section, and it supersedes other 
rules only to the extent that it is inconsistent with 
such rules; and 
(2) with full recognition of the constitutional 
right of either House to change the rules as far as 
relating to the procedure of that House at any time, 
in the same manner, and to the same extent as in 
the case of any other rule of that House. 
Æ 
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