[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3262 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3262
To establish a commission on fiscal stability and reform.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 8, 2023
Mr. Manchin (for himself, Mr. Romney, Ms. Sinema, Mr. Young, Mr.
Hickenlooper, Ms. Lummis, Mr. Warner, Mr. Cornyn, Mrs. Shaheen, and Mr.
Tillis) introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To establish a commission on fiscal stability and reform.
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 ``Fiscal Stability Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Co-chair.--The term ``co-chair'' means an individual
appointed to serve as a co-chair of the Fiscal Commission under
section 3(a)(2)(C).
(2) Direct spending.--The term ``direct spending'' has the
meaning given that term in section 250(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)).
(3) Discretionary appropriations.--The term ``discretionary
appropriations'' has the meaning given that term in section
250(c) of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 900(c)).
(4) Fiscal commission.--The term ``Fiscal Commission''
means the commission established under section 3(a)(1).
(5) Implementing bill.--The term ``implementing bill''
means a bill consisting solely of the text of the implementing
bill that the Fiscal Commission approves and submits under
subparagraphs (A) and (D), respectively, of section 3(c)(2).
(6) Outside expert.--The term ``outside expert'' means an
individual who is not an elected official or an officer or
employee of the Federal Government or of any State.
SEC. 3. ESTABLISHMENT OF FISCAL COMMISSION.
(a) Establishment of Fiscal Commission.--
(1) Establishment.--There is established in the legislative
branch a Fiscal Commission.
(2) Membership.--
(A) In general.--The Fiscal Commission shall be
composed of 16 members appointed in accordance with
subparagraph (B) and with due consideration to chairs
and ranking members of the committees and subcommittees
of subject matter jurisdiction, if applicable.
(B) Appointment.--Not later than 14 days after the
date of enactment of this Act--
(i) the majority leader of the Senate shall
appoint 3 individuals from among the Members of
the Senate, and 1 outside expert, who shall
serve as members of the Fiscal Commission;
(ii) the minority leader of the Senate
shall appoint 3 individuals from among the
Members of the Senate, and 1 outside expert who
shall serve as members of the Fiscal
Commission;
(iii) the Speaker of the House of
Representatives shall appoint 3 individuals
from among the Members of the House of
Representatives, and 1 outside expert, who
shall serve as members of the Fiscal
Commission; and
(iv) the minority leader of the House of
Representatives shall appoint 3 individuals
from among the Members of the House of
Representatives, and 1 outside expert, who
shall serve as members of the Fiscal
Commission.
(C) Co-chairs.--Not later than 14 days after the
date of enactment of this Act--
(i) the leadership of the Senate and House
of Representatives who caucus with the same
political party as the President shall appoint
1 individual from among the members of the
Fiscal Commission who shall serve as a co-chair
of the Fiscal Commission; and
(ii) the leadership of the Senate and House
of Representatives who caucus with the opposite
political party as the President, shall appoint
1 individual from among the members of the
Fiscal Commission who shall serve as a co-chair
of the Fiscal Commission.
(D) Period of appointment.--
(i) In general.--The members of the Fiscal
Commission shall be appointed for the life of
the Fiscal Commission.
(ii) Vacancy.--
(I) In general.--Any vacancy in the
Fiscal Commission shall not affect the
powers of the Fiscal Commission, but
shall be filled not later than 14 days
after the date on which the vacancy
occurs, in the same manner as the
original appointment was made.
(II) Ineligible members.--If a
member of the Fiscal Commission who was
appointed as a Member of the Senate or
the House Representatives ceases to be
a Member of the Senate or the House of
Representatives, as applicable--
(aa) the member shall no
longer be a member of the
Fiscal Commission; and
(bb) a vacancy in the
Fiscal Commission exists.
(E) Member personnel issues.--
(i) Outside expert.--Any outside expert
appointed as a member of the Fiscal
Commission--
(I) shall not be considered to be a
Federal employee for any purpose by
reason of service on the Fiscal
Commission;
(II) shall serve without
compensation; and
(III) shall be allowed travel
expenses, including per diem in lieu of
subsistence, at rates authorized for
employees of agencies under subchapter
I of chapter 57 of title 5, United
States Code, while away from their
homes or regular places of business in
the performance of services for the
Fiscal Commission.
(ii) Members of congress.--Each member of
the Fiscal Commission who is a Member of the
Senate or the House of Representatives shall
serve without compensation in addition to the
compensation received for the services of the
member as a Member of the Senate or the House
of Representatives.
(3) Administration.--
(A) In general.--To enable the Fiscal Commission to
exercise the powers, functions, and duties of the
Fiscal Commission, there are authorized to be disbursed
by the Senate the actual and necessary expenses of the
Fiscal Commission approved by the staff director of the
Fiscal Commission, subject to the rules and regulations
of the Senate.
(B) Quorum.--A majority of the members of the
Fiscal Commission who are Members of the Senate or the
House of Representatives, not fewer than 3 of whom were
appointed to the Fiscal Commission by a Member of the
Senate or the House of Representatives who caucuses
with the same political party as the President and not
fewer than 3 of whom were appointed to the Fiscal
Commission by a Member of the Senate or the House of
Representatives who caucuses with the opposite
political party as the President, shall constitute a
quorum.
(C) Voting.--
(i) In general.--Only members of the Fiscal
Commission who are Members of the Senate or the
House of Representatives may vote on any
matter. An outside expert serving as a member
of the Fiscal Commission shall be a nonvoting
member.
(ii) Proxy voting.--No proxy voting shall
be allowed on behalf of any member of the
Fiscal Commission on any matter.
(iii) Congressional budget office
estimates.--
(I) In general.--The Director of
the Congressional Budget Office shall,
with respect to the implementing bill
of the Fiscal Commission described in
subsection (c)(2)(A)(i)(II), provide to
the Fiscal Commission--
(aa) estimates of the
implementing bill in accordance
with sections 308(a) and 201(f)
of the Congressional Budget Act
of 1974 (2 U.S.C. 639(a),
601(f)); and
(bb) information on the
budgetary effect of the
implementing bill on the long-
term fiscal outlook.
(II) Limitation.--The Fiscal
Commission may not vote on any version
of the report, recommendations, or
implementation bill of the Fiscal
Commission under subsection (c)(2)(A)
unless the estimates and information
described in subclause (I) of this
clause are made available for
consideration by all members of the
Fiscal Commission not later than 48
hours before that vote, as certified by
the co-chairs of the Fiscal Commission.
(D) Meetings.--
(i) Initial meeting.--Not later than 45
days after the date of enactment of this Act,
the Fiscal Commission shall hold the first
meeting of the Fiscal Commission.
(ii) Agenda.--The co-chairs of the Fiscal
Commission shall provide an agenda to the
members of the Fiscal Commission not later than
48 hours before each meeting of the Fiscal
Commission.
(E) Hearings.--
(i) In general.--The Fiscal Commission may,
for the purpose of carrying out this section,
hold such hearings, sit and act at such times
and places, require attendance of witnesses and
production of books, papers, and documents,
take such testimony, receive such evidence, and
administer such oaths as the Fiscal Commission
considers advisable.
(ii) Hearing procedures and
responsibilities of co-chairs.--
(I) Announcement.--The co-chairs of
the Fiscal Commission shall make a
public announcement of the date, place,
time, and subject matter of any hearing
to be conducted under this subparagraph
not later than 7 days before the date
of the hearing, unless the co-chairs
determine that there is good cause to
begin such hearing on an earlier date.
(II) Written statement.--A witness
appearing before the Fiscal Commission
shall file a written statement of the
proposed testimony of the witness not
later than 2 days before the date of
the appearance of the witness, unless
the co-chairs of the Fiscal
Commission--
(aa) determine that there
is good cause for the witness
to not file the written
statement; and
(bb) waive the requirement
that the witness file the
written statement.
(F) Technical assistance.--Upon written request of
the co-chairs of the Fiscal Commission, the head of a
Federal agency shall provide technical assistance to
the Fiscal Commission in order for the Fiscal
Commission to carry out the duties of the Fiscal
Commission.
(b) Staff of Fiscal Commission.--
(1) In general.--In accordance with the guidelines, rules,
and requirements relating to employees of the Senate--
(A) the co-chairs of the Fiscal Commission may
jointly appoint and fix the compensation of a staff
director for the Fiscal Commission; and
(B) the staff director may appoint and fix the
compensation of additional staff of the Fiscal
Commission.
(2) Detail of other congressional staff.--With the approval
of the Member of Congress employing an employee of a personal
office of a Member of Congress or a committee of the Senate or
the House of Representatives, such an employee may be detailed
to the Fiscal Commission on a reimbursable basis.
(3) Ethical standards.--
(A) Senate.--Members of the Fiscal Commission
appointed by Members of the Senate and the staff of the
Fiscal Commission shall adhere to the ethics rules of
the Senate.
(B) House of representatives.--Members of the
Fiscal Commission appointed by Members of the House of
Representatives shall be governed by the ethics rules
and requirements of the House of Representatives.
(c) Duties.--
(1) Improve fiscal condition.--
(A) In general.--The Fiscal Commission shall
identify policies to--
(i) meaningfully improve the long-term
fiscal condition of the Federal Government;
(ii) achieve a sustainable ratio of the
public debt of the Federal Government to the
gross domestic product of the United States,
which shall be not more than 100 percent, by
fiscal year 2039; and
(iii) improve the solvency of Federal
programs for which a Federal trust fund exists
for a period of at least 75 years.
(B) Requirements.--In carrying out subparagraph
(A), the Fiscal Commission shall propose
recommendations that meaningfully improve the long-term
fiscal condition of the Federal Government, including--
(i) changes to address the current levels
of discretionary appropriations, direct
spending, and revenues and the gap between
current revenues and expenditures of the
Federal Government; and
(ii) changes to address the growth of
discretionary appropriations, direct spending,
and revenues and the gap between the projected
revenues and expenditures of the Federal
Government.
(C) Recommendations of committees.--Not later than
60 days after the date of enactment of this Act, each
committee of the Senate and the House of
Representatives may transmit to the Fiscal Commission
any recommendations of the committee relating to
changes in law to achieve the changes described in
subparagraph (B).
(2) Report, recommendations, and implementing bill.--
(A) Consideration and vote.--
(i) In general.--Not later than May 1,
2025, the Fiscal Commission shall meet to
consider, and vote on--
(I) a report that contains--
(aa) a detailed statement
of the policies identified by,
and the findings, conclusions,
and recommendations of, the
Fiscal Commission under
paragraph (1);
(bb) the estimate of the
Congressional Budget Office
required under subsection
(a)(3)(C)(iii)(I); and
(cc) a statement of the
economic and budgetary effects
of the implementing bill
described in subclause (II);
and
(II) an implementing bill to carry
out the recommendations of the Fiscal
Commission described in subclause
(I)(aa).
(ii) Approval of report and implementing
bill.--A report and implementing bill of the
Fiscal Commission shall only be approved under
clause (i) upon an affirmative vote of a
majority of the members of the Fiscal
Commission who are Members of the Senate or the
House of Representatives, not fewer than 3 of
whom were appointed to the Fiscal Commission by
a Member of the Senate or the House of
Representatives who caucuses with the same
political party as the President and not fewer
than 3 of whom were appointed to the Fiscal
Commission by a Member of the Senate or the
House of Representatives who caucuses with the
opposite political party as the President.
(iii) Single report and implementing
bill.--It shall not be in order for the Fiscal
Commission to consider or submit to Congress
more than 1 report described in clause (i)(I)
or more than 1 implementing bill described in
clause (i)(II).
(B) Additional views.--
(i) In general.--A member of the Fiscal
Commission who gives notice of an intention to
file supplemental, minority, or additional
views at the time of the final Fiscal
Commission vote on the approval of the report
and implementing bill of the Fiscal Commission
under subparagraph (A) shall be entitled to 3
days to file those views in writing with the
staff director of the Fiscal Commission.
(ii) Inclusion in report.--Views filed
under clause (i) shall be included in the
report of the Fiscal Commission under
subparagraph (A) and printed in the same
volume, or part thereof, and such inclusion
shall be noted on the cover of the report,
except that, in the absence of timely notice,
the report may be printed and transmitted
immediately without such views.
(C) Report and implementing bill to be made
public.--Upon the approval or disapproval of a report
and implementing bill under subparagraph (A) by the
Fiscal Commission, the Fiscal Commission shall
promptly, and not more than 24 hours after the approval
or disapproval or, if timely notice is given under
subparagraph (B), not more than 24 hours after
additional views are filed under such subparagraph,
make the report, the implementing bill, and a record of
the vote on the report and implementing bill available
to the public.
(D) Submission of report and implementing bill.--If
a report and implementing bill are approved by the
Fiscal Commission under subparagraph (A), not later
than 3 days after the date on which the report and
implementing bill are made available to the public
under subparagraph (C), the Fiscal Commission shall
submit the report and implementing bill to the
President, the Vice President, the Speaker of the House
of Representatives, and the majority and minority
leaders of each House of Congress. The report shall be
referred to all committees of jurisdiction in the
respective Houses.
(d) Termination.--The Fiscal Commission shall terminate on the date
that is 30 days after the date the Fiscal Commission submits the report
and implementing bill under subsection (c)(2)(D).
SEC. 4. EXPEDITED CONSIDERATION OF FISCAL COMMISSION IMPLEMENTING
BILLS.
(a) Qualifying Legislation.--
(1) In general.--Only an implementing bill shall be
entitled to expedited consideration under this section.
(2) Single bill.--Except as provided in subsection (d), it
shall not be in order in the Senate or the House of
Representatives to consider more than 1 implementing bill.
(b) Consideration in the House of Representatives.--
(1) Introduction.--If the Fiscal Commission approves and
submits an implementing bill under subparagraphs (A) and (D),
respectively, of section 3(c)(2), the implementing bill may be
introduced in the House of Representatives (by request)--
(A) by the majority leader of the House of
Representatives, or by a Member of the House of
Representatives designated by the majority leader of
the House of Representatives, on the third legislative
day after the date the Fiscal Commission approves and
submits such implementing bill; or
(B) if the implementing bill is not introduced
under subparagraph (A), by any Member of the House of
Representatives on any legislative day beginning on the
legislative day after the legislative day described in
subparagraph (A).
(2) Referral and reporting.--Any committee of the House of
Representatives to which an implementing bill is referred shall
report the implementing bill to the House of Representatives
without amendment not later than 5 legislative days after the
date on which the implementing bill was so referred. If any
committee of the House of Representatives to which an
implementing bill is referred fails to report the implementing
bill within that period, that committee shall be automatically
discharged from consideration of the implementing bill, and the
implementing bill shall be placed on the appropriate calendar.
(3) Proceeding to consideration.--After the last committee
authorized to consider an implementing bill reports it to the
House of Representatives or has been discharged from its
consideration, it shall be in order to move to proceed to
consider the implementing bill in the House of Representatives.
Such a motion shall not be in order after the House of
Representatives has disposed of a motion to proceed with
respect to the implementing bill. The previous question shall
be considered as ordered on the motion to its adoption without
intervening motion.
(4) Consideration.--The implementing bill shall be
considered as read. All points of order against the
implementing bill and against its consideration are waived. An
amendment to the implementing bill is not in order. The
previous question shall be considered as ordered on the
implementing bill to its passage without intervening motion
except 2 hours of debate equally divided and controlled by the
proponent and an opponent.
(5) Vote on passage.--The vote on passage of the
implementing bill shall occur pursuant to the constraints under
clause 8 of rule XX of the Rules of the House of
Representatives.
(c) Expedited Procedure in the Senate.--
(1) Introduction in the senate.--On the day on which an
implementing bill is submitted to the Senate under section
3(c)(2)(D), the implementing bill shall be introduced, by
request, by the majority leader of the Senate for himself or
herself and the minority leader of the Senate, or by any Member
so designated by them. If the Senate is not in session on the
day on which such implementing bill is submitted, it shall be
introduced as provided on the first day thereafter on which the
Senate is in session. Such implementing bill shall be placed on
the Calendar of Business under General Orders.
(2) Proceeding.--Notwithstanding rule XXII of the Standing
Rules of the Senate, it is in order, not later than 2 days of
session after the date on which an implementing bill is placed
on the Calendar, for the majority leader of the Senate or the
designee of the majority leader to move to proceed to the
consideration of the implementing bill. It shall also be in
order for any Member of the Senate to move to proceed to the
consideration of the implementing bill at any time after the
conclusion of such 2-day period. A motion to proceed is in
order even though a previous motion to the same effect has been
disagreed to. All points of order against the motion to proceed
to the implementing bill are waived. The motion to proceed is
not debatable. The motion is not subject to a motion to
postpone. A motion to reconsider the vote by which the motion
is agreed to or disagreed to shall not be in order. If a motion
to proceed to the consideration of the implementing bill is
agreed to, it shall remain the unfinished business until
disposed of. All points of order against the implementing bill
and against its consideration are waived.
(3) No amendments.--An amendment to the implementing bill,
a motion to postpone, a motion to proceed to the consideration
of other business, or a motion to commit the implementing bill
is not in order.
(4) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate, as the case may be, to the procedure relating to
an implementing bill shall be decided without debate.
(d) Consideration by the Other House.--
(1) In general.--If, before passing an implementing bill,
one House receives from the other House an implementing bill
consisting solely of the text of the implementing bill approved
by the Fiscal Commission--
(A) the implementing bill of the other House shall
not be referred to a committee; and
(B) the procedure in the receiving House shall be
the same as if no implementing bill had been received
from the other House until the vote on passage, when
the implementing bill received from the other House
shall supplant the implementing bill of the receiving
House.
(2) Revenue measures.--This subsection shall not apply to
the House of Representatives if an implementing bill received
from the Senate is a revenue measure.
(3) No implementing bill in the senate.--If an implementing
bill is not introduced in the Senate or the Senate fails to
consider an implementing bill under this section, the
implementing bill of the House of Representatives shall be
entitled to expedited floor procedures under this section.
(4) Treatment of companion measure in the senate.--If,
following passage of an implementing bill in the Senate, the
Senate then receives from the House of Representatives an
implementing bill consisting of the same text as the Senate-
passed implementing bill, the House-passed implementing bill
shall not be debatable. The vote on passage of the implementing
bill in the Senate shall be considered to be the vote on
passage of the implementing bill received from the House of
Representatives.
(e) Vetoes.--If the President vetoes an implementing bill,
consideration of a veto message in the Senate shall be 10 hours equally
divided between the majority and minority leaders of the Senate or the
designees of the majority and minority leaders of the Senate.
(f) Constructive Resubmission.--
(1) In general.--In addition to the expedited procedures
otherwise provided under this section, in the case of any
implementing bill submitted under section 3(c)(2)(D) during the
period beginning on the date occurring--
(A) in the case of the Senate, 30 session days; or
(B) in the case of the House of Representatives, 30
legislative days,
before the date the Congress adjourns a session of Congress and
ending on the date on which the same or succeeding Congress
first convenes its next session, the expedited procedures under
this section shall apply to such implementing bill in the
succeeding session of Congress.
(2) Application.--In applying this section for the purposes
of constructive resubmission, an implementing bill described
under paragraph (1) shall be treated as though such
implementing bill were submitted by the Fiscal Commission on--
(A) in the case of the Senate, the 15th session
day; or
(B) in the case of the House of Representatives,
the 15th legislative day,
after the succeeding session of Congress first convenes.
(3) Limitation.--The constructive resubmission under this
subsection shall not apply if a vote with respect to the
implementing bill was taken in either House in a preceding
session of Congress.
SEC. 5. FUNDING.
Funding for the Fiscal Commission shall be derived from the
contingent fund of the Senate from the appropriations account
``Miscellaneous Items'', subject to the rules and regulations of the
Senate.
SEC. 6. RULEMAKING.
The provisions of section 4 are enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and, as such,
the provisions--
(A) shall be considered as part of the rules of
each House, respectively, or of that House to which
they specifically apply; and
(B) shall supersede other rules only to the extent
that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of such House.
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