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

April 17, 2002

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

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.

END