[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2181 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2181

 To review, reform, and terminate unnecessary and inequitable Federal 
                               subsidies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 17, 2002

  Mr. McCain introduced the following bill; which was read twice and 
            referred to the Committee on Government Affairs

_______________________________________________________________________

                                 A BILL


 
 To review, reform, and terminate unnecessary and inequitable Federal 
                               subsidies.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Corporate Subsidy Reform 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 unanticipated 
                and unjustified windfalls to some industries and 
                industry segments; or
                    (B) become obsolete, anticompetitive, or no longer 
                in the public interest, making such subsidies 
                unnecessary or undesired;
            (2) it is unfair to force the United States taxpayer 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 unable 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 deliberative 
process that will result in the timely identification, review, and 
reform or elimination of unnecessary and inequitable subsidies, 
including tax advantages, provided by the Federal Government to 
entities or industries engaged 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, association, 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 village 
                corporation as defined in or established pursuant to 
                the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
                et seq.);
            (2) is provided without a reasonable expectation, 
        demonstrated with the use of reliable performance criteria, 
        that actions or activities undertaken or performed in return 
        for such payment, benefit, service, or tax advantage would 
        result in a return or benefit, quantifiable or nonquantifiable, 
        to the public at least as great as the payment, benefit, 
        service, or tax advantage;
            (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 research 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 setting 
                        process; and
                            (iv) the private sector cannot reasonably 
                        be expected to undertake without Federal 
                        support at a level or in a timeframe consistent 
                        with the payment, benefit, service, or tax 
                        advantage's potential to provide broad economic 
                        or other public benefit;
                    (B) primarily benefits public health, safety, the 
                environment, or education;
                    (C) is necessary to comply with international trade 
                or treaty obligations;
                    (D) is certified by the United States Trade 
                Representative as specifically intended and as 
                substantially needed to protect the foreign trade 
                interests of the United States; or
                    (E) is for the purpose of procurement of property 
                or services by the United States Government.

SEC. 5. THE COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the ``Corporate Subsidy Reform Commission'' (in this Act 
referred to as the ``Commission'').
    (b) Duties.--The Commission shall--
            (1) examine the programs and tax laws of the Federal 
        Government and identify programs and tax laws that provide 
        inequitable Federal subsidies;
            (2) review inequitable Federal subsidies; and
            (3) submit the report required under section 6(b) to the 
        President and Congress.
    (c) Limitations.--
            (1) Creation of new programs or taxes.--This Act is not 
        intended to result in the creation of new programs or taxes, 
        and the Commission established in this section shall limit its 
        activities to reviewing existing programs or tax laws with the 
        goal of ensuring fairness and equity in the operation and 
        application of such programs and laws.
            (2) Elimination of agencies and departments.--The 
        Commission shall limit its recommendations to the termination 
        or reform of payments, benefits, services, or tax advantages, 
        rather than the termination of Federal agencies or departments.
    (d) Advisory Committee.--The Commission shall be considered an 
advisory committee within the meaning of the Federal Advisory Committee 
Act (5 U.S.C. App.).
    (e) Appointment.--
            (1) Members.--The Commissioners shall be appointed for the 
        life of the Commission and shall be composed of 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 minority leader of the House 
        of Representatives, the majority leader of the Senate, and the 
        minority leader of the Senate shall consult among themselves 
        prior to the appointment of the members of the Commission in 
        order to achieve, to the maximum extent possible, fair and 
        equitable representation of various points of view with respect 
        to the matters to be studied by the Commission under subsection 
        (b).
            (3) 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 individuals for appointment to the 
        Commission on or before the date specified in paragraph (3), 
        the process established under this Act shall be terminated.
            (5) Chairman.--At the time the President nominates 
        individuals for appointment to the Commission the President 
        shall designate 1 such individual who shall serve as Chairman 
        of the Commission.
            (6) Background.--The members shall represent a broad array 
        of expertise covering, to the extent practical, all subject 
        matter, programs, and tax laws the Commission is likely to 
        review.
    (f) Terms.--Each member of the Commission including the Chairman 
shall serve until the termination of the Commission.
    (g) Meetings.--
            (1) Initial meeting.--Not later than April 1, 2003, the 
        Commission shall conduct its first meeting.
            (2) Open meetings.--Each meeting of the Commission shall be 
        open to the public. In cases where classified information, 
        trade secrets, or personnel matters are discussed, the Chairman 
        may close the meeting. All proceedings, information, and 
        deliberations of the Commission shall be available, upon 
        request, to the chairman and ranking member of the relevant 
        committees of Congress.
    (h) Vacancies.--A vacancy on the Commission 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 actual performance of duties 
        vested in the Commission.
            (2) Chairman.--Notwithstanding section 7 of the Federal 
        Advisory Committee Act (5 U.S.C. App.), the Chairman shall be 
        paid for each day referred to in paragraph (1) at a rate equal 
        to the daily payment of the minimum annual rate of basic pay 
        payable for level III of the Executive Schedule under section 
        5314 of title 5, United States Code.
            (3) Travel expenses.--Members shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
    (j) Director of Staff.--
            (1) Qualifications.--The Chairman shall appoint a Director 
        who has not served in any of the entities or industries that 
        the Commission intends to review during the 12 months preceding 
        the date of such appointment.
            (2) Pay.--Notwithstanding section 7 of the Federal Advisory 
        Committee Act (5 U.S.C. App.), the Director shall be paid at 
        the rate of basic pay payable for level IV of the Executive 
        Schedule under section 5315 of title 5, United States Code.
            (3) Reports.--On administrative and personnel matters, the 
        Director shall submit periodic reports to the Chairman of the 
        Commission and the chairman and ranking member of the Committee 
        on Governmental Affairs of the Senate and the Committee on 
        Government Reform and Oversight of the House of the 
        Representatives.
    (k) Staff.--
            (1) Additional personnel.--Subject to paragraphs (2) and 
        (4), the Director, with the approval of the Commission, may 
        appoint and fix the pay of additional personnel.
            (2) Appointments.--The Director may make such appointments 
        without regard to the provisions of title 5, United States 
        Code, governing appointments in the competitive service, and 
        any personnel so appointed may be paid without regard to the 
        provisions of chapter 51 and subchapter III of chapter 53 of 
        that title relating to classification and General Schedule pay 
        rates.
            (3) Detailees.--Upon the request of the Director, the head 
        of any Federal department or agency may detail any of the 
        personnel of that department or agency to the Commission to 
        assist the Commission in accordance with an agreement entered 
        into with the Commission.
            (4) Restrictions on personnel and detailees.--The following 
        restrictions shall apply to personnel and detailees of the 
        Commission:
                    (A) Personnel.--Not more than one-third of the 
                personnel detailed to the Commission may be on detail 
                from Federal agencies that deal directly or indirectly 
                with the Federal 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 Commission 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 detailed from a 
                Federal agency to the Commission if, within 12 months 
                before the detail is to begin, that person participated 
                personally and substantially in any matter within that 
                particular agency concerning the preparation of 
                recommendations under this Act.
                    (E) Federal officer or employee.--No member of a 
                Federal agency, and no officer or employee of a Federal 
                agency, may--
                            (i) prepare any report concerning the 
                        effectiveness, fitness, or efficiency of the 
                        performance on the staff of the Commission of 
                        any person detailed from a Federal agency to 
                        that staff;
                            (ii) review the preparation of such report; 
                        or
                            (iii) approve or disapprove such a report.
                    (F) Limitation on staff size.--(i) Subject 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 personnel in 
                excess of the limitation under clause (i), 15 days 
                after submitting notification of such increase to the 
                Committee on Governmental 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 employee of a Federal agency may 
                serve as a Commissioner or as a paid member of the 
                staff.
            (5) Assistance.--
                    (A) In general.--The Comptroller General of the 
                United States may provide assistance, including the 
                detailing of employees, to the Commission in accordance 
                with an agreement 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 
                Oversight 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 Commission 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 authorized to be 
        appropriated to the Comptroller General of the United States 
        such funds as are necessary 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 provide 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 advantage meets the 
                provisions of section 4;
                    (C) a statement summarizing the legislative history 
                and purpose of such payment, benefit, 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 
        certify 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 Commission.--
            (1) Review and hearings.--At any time after the submission 
        of the budget documents to Congress, the Commission shall 
        conduct public hearings on the recommendations included in the 
        lists required 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 
                reviewed by the Commission. Such findings and 
                recommendations shall specify--
                            (i) all actions, circumstances, and 
                        considerations relating to or bearing upon the 
                        recommendations; and
                            (ii) to the maximum extent practicable, the 
                        estimated effect of the recommendations 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 recommendations made by a department or agency 
                if the Commission determines that such department or 
                agency deviated substantially from the provisions 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 
                        recommended for termination;
                            (ii) add or delete a payment, benefit, 
                        service, or tax advantage to the list 
                        recommended 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 recommendation.
            (3) Justification.--The Commission shall explain 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 
        subsection (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 Comptroller General of the 
        United States shall--
                    (A) assist the Commission, to the extent requested, 
                in the Commission's review and analysis of the list, 
                statements, and recommendations 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 department 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 President'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 President shall submit a 
        copy of such recommendations to Congress, together with a 
        certification of such approval.
            (3) Disapproval.--If the President disapproves the 
        recommendations of the Commission in whole or in part, the 
        President shall submit to the Commission and Congress the 
        reasons for that disapproval. 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 submitted to the President 
        under paragraph (3), the President shall submit a copy of such 
        revised recommendations to Congress, together with a 
        certification of such approval.
            (5) Approval of entire package.--The President may only 
        submit an approval certificate that pertains to the entire 
        package of recommendations 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 certification described in paragraph 
        (2) or (4) by February 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 
information specifying--
            (1) the reasons and justifications for the recommendations;
            (2) to the maximum extent practicable, the estimated 
        fiscal, economic, and budgetary impact of accepting the 
        recommendations;
            (3) the amount of the projected savings resulting from each 
        recommendation;
            (4) all actions, circumstances, and considerations relating 
        to or bearing upon the recommendations and to the maximum 
        extent practicable, the estimated effect of the recommendations 
        upon the policies, laws and programs directly or indirectly 
        affected by the recommendations; and
            (5) the specific changes in Federal statute necessary to 
        implement the recommendations.
    (b) Submission of Recommendations to the Senate and House of 
Representatives.--
            (1) Submission to congress.--The recommendations submitted 
        by the President to Congress 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 recommendations 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 Speaker of the House of 
        Representatives, or his designee, shall introduce a bill (or 
        bills as provided under paragraph (2)) that implements the 
        recommendations 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 Representatives 
                received the recommendations submitted by the President 
                under subsection (a), if the Senate or the House of 
                Representatives (as applicable) is in session on the 
                date of such submission; or
                    (B) the Senate or the House of Representatives is 
                first in session after such recommendations are 
                submitted, if the Senate or the House of 
                Representatives (as applicable) is not in session 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 introduce 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 
                introduced under subsection (c) shall be in order 
                unless that amendment is confined to terminating or 
                reforming an inequitable Federal subsidy as defined in 
                section 4 of this Act. Any such reported bill shall be 
                referred to the Committee on Governmental Affairs of 
                the Senate or the Committee on Government Reform and 
                Oversight of the House of Representatives, as 
                applicable.
                    (B) Committees on finance and ways and means.--
                            (i) In general.--Any bill referred to the 
                        Committee on Finance or the Committee on Ways 
                        and Means that contains revenue increases may 
                        be amended to include 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 report 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 
        Committee 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 calendar 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 Representatives, 
                as applicable, shall--
                            (i) consolidate all bills referred under 
                        paragraphs (1) and (2) into a single bill 
                        (without substantive amendment) and report 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 reported under 
                subparagraph (A) shall be placed on the legislative 
                calendar of the appropriate House.
    (e) Procedure in Senate After Report of Committee; Debate; 
Amendments.--
            (1) Debate on bill.--Debate in the Senate on a bill 
        reported by the Committee on Governmental Affairs under 
        subsection (d)(3), and all amendments thereto and debatable 
        motions and appeals in connection therewith, shall be limited 
        to not more than 30 hours. The time shall be equally divided 
        between, and controlled by, the Majority Leader 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 controlled 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 controlled by, the mover and 
        the manager of the bill, except 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)(i) No amendment to the bill reported by the Committee 
        on Governmental Affairs under subsection (d)(3) shall be in 
        order unless--
                    (I) that amendment is confined to terminating or 
                reforming an inequitable Federal subsidy 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 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 thereto, including all 
                debatable motions and appeals in connection therewith, 
                shall be limited to 5 hours, to be equally divided 
                between, and controlled by, the majority leader and 
                minority leader or their designees. Debate on any 
                debatable motion, appeal related to the conference 
                report, 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 Committee on Government 
        Reform and Oversight of the House of Representatives reports 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 
        Government Reform and Oversight 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 motion 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 XXIII 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 considered 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 reported to the House of 
        Representatives shall be limited 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 Representatives.--This section 
is enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, 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.
                                 <all>