I
107TH CONGRESS
2D SESSION
H. R. 4630
To review, reform, and terminate unnecessary and inequitable Federal
subsidies.
IN THE HOUSE OF REPRESENTATIVES
MAY 1, 2002
Mr. GEPHARDT (for himself, Mr. HOEFFEL, Mr. RANGEL, Mr. FROST, Mr.
MARKEY, Mrs. CLAYTON, Mr. LAMPSON, Mr. LANGEVIN, Mr. TIERNEY,
Mr. MEEKS of New York, Mr. SHERMAN, Mr. FILNER, Ms. SLAUGHTER,
Mr. FRANK, Mr. BONIOR, Ms. MCKINNEY, Mr. BLUMENAUER, Mr.
STRICKLAND, Mr. UDALL of Colorado, Mr. BERMAN, Mr. SCOTT, and Ms.
DELAURO) introduced the following bill; which was referred to the Com-
mittee 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 provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To review, reform, and terminate unnecessary and
inequitable Federal subsidies.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Corporate Subsidy Re-
form Commission Act of 2002’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) Federal subsidies, including tax advantages,
which may have been enacted with a valid purpose
for specific industries or industry segments can—
(A) fall subject to abuse, causing unantici-
pated and unjustified windfalls to some indus-
tries and industry segments; or
(B) become obsolete, anticompetitive, or no
longer in the public interest, making such sub-
sidies unnecessary or undesired;
(2) it is unfair to force the United States tax-
payer to support unnecessary subsidies, including
tax advantages, that do not provide a substantial
public benefit or serve the public interest;
(3) Congress and the President have been un-
able to evaluate methodically those Federal subsidies
that are unfair and unnecessary and require reform
or elimination; and
(4) a Commission to advise the President and
Congress is essential to a comprehensive review of
such unfair corporate subsidies and to the reform or
elimination of such subsidies.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a fair and de-
liberative process that will result in the timely identifica-
tion, review, and reform or elimination of unnecessary and
inequitable subsidies, including tax advantages, provided
by the Federal Government to entities or industries en-
gaged in profitmaking enterprises.
SEC. 4. DEFINITION.
In this Act, the term ‘‘inequitable Federal subsidy’’
means a payment, benefit, service, or tax advantage
that—
(1) is provided by the Federal Government to
any corporation, partnership, joint venture, associa-
tion, or business trust, not to include—
(A) a nonprofit organization described
under section 501(c)(3) of the Internal Revenue
Code of 1986 that is exempt from taxation
under section 501(a) of the Internal Revenue
Code of 1986; or
(B) a State or local government or Indian
Tribe or Alaska Native village or regional or 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;
(3) provides an unfair competitive advantage or
financial windfall; and
(4) shall not include a payment, benefit, service,
or tax advantage that—
(A) is awarded for the purposes of re-
search and development that—
(i) is in the broad public interest on
the basis of a peer reviewed or other open,
competitive, merit-based procedure;
(ii) is for a purpose consistent with
the mission of the agency;
(iii) supports competing technologies
at levels appropriate to their potential, as
determined by an appropriate priority set-
ting process; and
(iv) the private sector cannot reason-
ably be expected to undertake without Fed-
eral support at a level or in a timeframe
consistent with the payment, benefit, serv-
ice, or tax advantage’s potential to provide
broad economic or other public benefit;
(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-
lished in this section shall limit its activities to re-
viewing existing programs or tax laws with the goal
of ensuring fairness and equity in the operation and
application of such programs and laws.
(2) ELIMINATION OF AGENCIES AND DEPART-
MENTS.—The Commission shall limit its rec-
ommendations to the termination or reform of pay-
ments, benefits, services, or tax advantages, rather
than the termination of Federal agencies or depart-
ments.
(d) ADVISORY COMMITTEE.—The Commission shall
be considered an advisory committee within the meaning
of the Federal Advisory Committee Act (5 U.S.C. App.).
(e) APPOINTMENT.—
(1) MEMBERS.—The Commissioners shall be
appointed for the life of the Commission and shall
be composed of nine members of whom—
(A) 3 shall be appointed by the President
of the United States;
(B) 2 shall be appointed by the Speaker of
the House of Representatives;
(C) 1 shall be appointed by the minority
Leader of the House of Representatives;
(D) 2 shall be appointed by the majority
Leader of the Senate; and
(E) 1 shall be appointed by the minority
Leader of the Senate.
(2) CONSULTATION REQUIRED.—The President,
the Speaker of the House of Representatives, the mi-
nority leader of the House of Representatives, the
majority leader of the Senate, and the minority lead-
er of the Senate shall consult among themselves
prior to the appointment of the members of the
Commission in order to achieve, to the maximum ex-
tent possible, fair and equitable representation of
various points of view with respect to the matters to
be studied by the Commission under subsection (b).
(3) APPOINTMENTS.—During the period of
January 1, 2003 through January 31, 2003, the
President shall submit to the Senate the names of
3 individuals for appointment to the Commission.
(4) FAILURE
TO
APPOINT.—If the President
does not submit to Congress the names of 3 individ-
uals for appointment to the Commission on or before
the date specified in paragraph (3), the process es-
tablished under this Act shall be terminated.
(5) CHAIRMAN.—At the time the President
nominates individuals for appointment to the Com-
mission the President shall designate 1 such indi-
vidual who shall serve as Chairman of the Commis-
sion.
(6) 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.
(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 April 1,
2003, the Commission shall conduct its first meet-
ing.
(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 shall
be filled in the same manner as the original appointment.
(i) PAY AND TRAVEL EXPENSES.—
(1) PAY.—Notwithstanding section 7 of the
Federal Advisory Committee Act (5 U.S.C. App.),
each Commissioner, other than the Chairman, shall
be paid at a rate equal to the daily equivalent of the
minimum annual rate of basic pay for level IV of the
Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel
time) during which the member is engaged in the 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 sections 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
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 and Oversight 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-
visions 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 Di-
rector, the head of any Federal department or agen-
cy may detail any of the personnel of that depart-
ment or agency to the Commission to assist the
Commission in accordance with an agreement en-
tered into with the Commission.
(4) 
RESTRICTIONS
ON
PERSONNEL
AND
DETAILEES.—The following restrictions shall apply
to personnel and detailees of the Commission:
(A) PERSONNEL.—Not more than one-
third of the personnel detailed to the Commis-
sion may be on detail from Federal agencies
that deal directly or indirectly with the Federal
subsidies the Commission intends to review.
(B) ANALYSTS.—Not more than one-fifth
of the professional analysts of the Commission
may be persons detailed from a Federal agency
that deals directly or indirectly with the Federal
subsidies the Commission intends to review.
(C) LEAD ANALYST.—No person detailed
from a Federal agency to the Commission may
be assigned as the lead professional analyst
with respect to an entity or industry the Com-
mission intends to review if the person has been
involved in regulatory or policymaking decisions
affecting any such entity or industry in the 12
months preceding such assignment.
(D) DETAILEE.—A person may not be 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.—(i) Sub-
ject to clause (ii), there may not be more than
25 persons (including any detailees) on the
staff at any time.
(ii) The Commission may increase per-
sonnel in excess of the limitation under clause
(i), 15 days after submitting notification of
such increase to the Committee on Govern-
mental Affairs of the Senate and the Committee
on Government Reform and Oversight 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 as a paid 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
Committee on Government Reform and Over-
sight 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)
and section 6(b)(5).
(n) TERMINATION.—The Commission shall terminate
on September 1, 2004.
SEC. 6. PROCEDURE FOR MAKING RECOMMENDATIONS TO
TERMINATE CORPORATE SUBSIDIES.
(a) AGENCY PLAN.—
(1) IN
GENERAL.—Not later than April 1,
2003, or the date budget documents are submitted
to Congress in 2003, whichever is earlier, in support
of the budget of each Federal department or agency,
the head of each department or agency shall include
in such documents a list identifying all programs or
tax laws within that department or agency that the
head of the department or agency determines pro-
vide inequitable Federal subsidies.
(2) CONTENTS.—Such a list shall include—
(A) a detailed description of each program
or tax law in question;
(B) a statement detailing the extent to
which a payment, benefit, service, or tax advan-
tage meets the provisions of section 4;
(C) a statement summarizing the legisla-
tive history and purpose of such payment, ben-
efit, service, or tax advantage, and the laws or
policies directly or indirectly giving rise to the
need for such programs or tax laws; and
(D) a recommendation to the Commission
regarding actions to be taken under section
5(b)(3).
(3) INTERNATIONAL
TRADE
PROGRAMS.—As
part of its agency plan submitted pursuant to this
subsection, the United States Trade Representative
shall survey all federally supported international
trade programs in all Federal agencies and shall cer-
tify to the Commission which of those programs
meet the requirements of section 4(4)(D). The
Trade Representative shall provide the Commission
a detailed statement of the reasons each program
was or was not so certified as part of its agency
plan.
(b) REVIEW AND RECOMMENDATIONS BY THE COM-
MISSION.—
(1) REVIEW AND HEARINGS.—At any time after
the submission of the budget documents to Con-
gress, the Commission shall conduct public hearings
on the recommendations included in the lists re-
quired under subsection (a). All testimony before the
Commission at a public hearing conducted under
this paragraph shall be presented under oath.
(2) REPORT OF COMMISSION.—
(A) REPORT
TO
PRESIDENT.—Not later
than November 30, 2003, the Commission shall
submit a report to the President containing the
Commission’s findings and recommendations
for termination, modification, or retention of
each of the inequitable Federal subsidies re-
viewed by the Commission. 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.
(B) CHANGES
IN
RECOMMENDATIONS.—
Subject to the deadline in subparagraph (A), in
making its recommendations, the Commission
may make changes in any of the recommenda-
tions made by a department or agency if the
Commission determines that such department
or agency deviated substantially from the provi-
sions of section 4.
(C) CHANGES.—In the case of a change in
the recommendations made by a department or
agency, the Commission may make the change
only if the Commission—
(i) makes the determination required
under subparagraph (B); and
(ii) conducts a public hearing on the
Commission’s proposed changes.
(D) 
APPLICATION.—Subparagraph 
(C)
shall apply to a change by the Commission in
a department or agency recommendation that
would—
(i) add or delete a payment, benefit,
service, or tax advantage to the list rec-
ommended for termination;
(ii) add or delete a payment, benefit,
service, or tax advantage to the list rec-
ommended for modification; or
(iii) increase or decrease the extent of
a recommendation to modify a payment,
benefit, service, or tax advantage included
in 
a 
department’s 
or 
agency’s 
rec-
ommendation.
(3) JUSTIFICATION.—The Commission shall ex-
plain and justify in the report submitted to the
President under paragraph (2) any recommendation
made by the Commission that is different from a
recommendation made by an agency under sub-
section (a).
(4) REPORT
TO
CONGRESS.—After November
30, 2003, or after the date the Commission submits
recommendations to the President, the Commission
shall, upon request, promptly provide to any Member
of Congress the information used by the Commission
in making its recommendations.
(5) 
COMPTROLLER
GENERAL.—The 
Comp-
troller General of the United States shall—
(A) assist the Commission, to the extent
requested, in the Commission’s review and anal-
ysis of the list, statements, and recommenda-
tions made by departments and agencies under
subsection (a); and
(B) not later than 60 days after April 1,
2003, or the public release of the President’s
budget documents in 2003, whichever is earlier,
submit to Congress and to the Commission a
report containing a detailed analysis of the list,
statements, and recommendations of each de-
partment or agency.
(c) REVIEW BY THE PRESIDENT.—
(1) IN GENERAL.—Not later than December 31,
2003, the President shall submit a report to the
Commission and to Congress containing the Presi-
dent’s approval or disapproval of the Commission’s
recommendations submitted under subsection (b).
(2) APPROVAL.—If the President approves all
the recommendations of the Commission, the Presi-
dent shall submit a copy of such recommendations
to Congress, together with a certification of such ap-
proval.
(3) 
DISAPPROVAL.—If 
the 
President 
dis-
approves the recommendations of the Commission in
whole or in part, the President shall submit to the
Commission and Congress the reasons for that dis-
approval. Not later than February 1, 2004, the
Commission shall submit to the President a revised
list of recommendations.
(4) REVISION.—If the President approves all of
the revised recommendations of the Commission sub-
mitted to the President under paragraph (3), the
President shall submit a copy of such revised rec-
ommendations to Congress, together with a certifi-
cation of such approval.
(5) APPROVAL
OF
ENTIRE
PACKAGE.—The
President may only submit an approval certificate
that pertains to the entire package of recommenda-
tions submitted by the Commission under subsection
(b)(2) or paragraph (3) of this subsection.
(6) FAILURE
TO
SUBMIT.—If the President
does not submit to Congress an approval and certifi-
cation described in paragraph (2) or (4) by Feb-
ruary 15, 2004, the process established under this
Act shall be terminated.
SEC. 7. CONGRESSIONAL CONSIDERATION.
(a) SUBMISSION
OF RECOMMENDATIONS
OF
THE
PRESIDENT.—If the President submits the Commission
recommendations to Congress under section 6(c) (2) or
(4), such recommendations shall be accompanied by infor-
mation specifying—
(1) the reasons and justifications for the rec-
ommendations;
(2) to the maximum extent practicable, the esti-
mated fiscal, economic, and budgetary impact of ac-
cepting the recommendations;
(3) the amount of the projected savings result-
ing from each recommendation;
(4) all actions, circumstances, and consider-
ations relating to or bearing upon the recommenda-
tions and to the maximum extent practicable, the es-
timated effect of the recommendations upon the poli-
cies, laws and programs directly or indirectly af-
fected by the recommendations; and
(5) the specific changes in Federal statute nec-
essary to implement the recommendations.
(b) SUBMISSION
OF RECOMMENDATIONS
TO
THE
SENATE AND HOUSE OF REPRESENTATIVES.—
(1) SUBMISSION
TO
CONGRESS.—The rec-
ommendations submitted by the President to Con-
gress under subsection (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 the Representatives if the
House is not in session.
(2) FEDERAL
REGISTER.—Any recommenda-
tions and accompanying information submitted
under subsection (a) shall be printed in the first
issue of the Federal Register after such submission.
(c) INTRODUCTION.—
(1) DATE
OF
INTRODUCTION.—The Majority
Leader of the Senate or his designee, and the Speak-
er of the House of Representatives, or his designee,
shall introduce a bill (or bills as provided under
paragraph (2)) that implements the recommenda-
tions submitted by the President under subsection
(a), not later than the later of 14 calendar days in
session after the date on which—
(A) the Senate or the House of Represent-
atives received the recommendations submitted
by the President under subsection (a), if the
Senate or the House of Representatives (as ap-
plicable) is in session on the date of such sub-
mission; or
(B) the Senate or the House of Represent-
atives is first in session after such recommenda-
tions are submitted, if the Senate or the House
of Representatives (as applicable) is not in ses-
sion on the date of such submission.
(2) MULTIPLE BILLS.—The majority leader of
the Senate, or his designee, or the Speaker of the
House of Representatives, or his designee, shall in-
troduce a bill or separate bills ensuring that all such
recommendations will be implemented.
(d) COMMITTEE REFERRAL AND ACTION.—
(1) IN GENERAL.—
(A) CONSIDERATION
AND
REPORT.—Any
committee to which a bill or bills introduced
under subsection (c) is referred shall report
such bill not later than 120 calendar days after
the date of referral. No amendment during
committee consideration of a bill or bills intro-
duced under subsection (c) shall be in order un-
less that amendment is confined to terminating
or reforming an inequitable Federal subsidy as
defined in section 4 of this Act. Any such re-
ported bill shall be referred to the Committee
on Governmental Affairs of the Senate or the
Committee on Government Reform and Over-
sight of the House of Representatives, as appli-
cable.
(B) COMMITTEES ON FINANCE AND WAYS
AND MEANS.—
(i) IN GENERAL.—Any bill referred to
the Committee on Finance or the Com-
mittee on Ways and Means that contains
revenue increases may be amended to in-
clude reductions in revenues in the form of
tax cuts in an amount up to the amount
of the revenue increases.
(ii) SCORECARD.—If the bill referred
to in clause (i) is enacted into law, any
amount of revenue reductions not made by
the bill as provided in clause (i) shall be
credited to the pay-as-you-go scorecard
under section 252 of the Balanced Budget
and Emergency Deficit Control Act of
1985 and may only be offset by legislation
reducing revenues.
(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 Governmental Affairs of the Senate or the Com-
mittee on Government Reform and Oversight of the
House of Representatives, as applicable.
(3) REPORT TO FLOOR; CONSOLIDATION.—
(A) IN GENERAL.—Not 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 120-
day period described under paragraphs (1) and
(2), the Committee on Governmental Affairs of
the Senate and the Committee on Government
Reform and Oversight of the House of Rep-
resentatives, 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 by the Committee on Govern-
mental Affairs 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 Lead-
er and Minority Leader or their designees.
(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 fur-
ther 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)(i) No amendment to the bill reported by
the Committee on Governmental Affairs under sub-
section (d)(3) shall be in order unless—
(I) that amendment is confined to termi-
nating or reforming an inequitable Federal sub-
sidy as defined by section 4 of this Act; and
(II) that amendment is germane to the bill
reported by the Committee on Governmental
Affairs.
(ii) For the purposes of a bill described under
clause (i), the term ‘‘germane’’ means only amend-
ments which strike language from such bill, or re-
store 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
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 Government Reform and Oversight of the
House of Representatives reports a bill under sub-
section (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 Government Reform and Over-
sight has been available to Members of the House)
to move to proceed to the consideration of the bill
reported to the House of Representatives. The mo-
tion is highly privileged and is not debatable. An
amendment 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
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
XVIII of the Rules of the House of Representatives.
After the committee rises and reports the bill back
to the House, the previous question shall be consid-
ered as ordered on the bill and any amendments
thereto to final passage without 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
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