[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 743 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 743
To establish a national commission on fiscal responsibility and reform,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 9, 2023
Ms. Lummis (for herself, Mr. Rounds, Mr. Cramer, and Mr. Braun)
introduced the following bill; which was read twice and referred to the
Committee on the Budget
_______________________________________________________________________
A BILL
To establish a national commission on fiscal responsibility and reform,
and for other purposes.
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 ``Sustainable Budget Act of 2023''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the National
Commission on Fiscal Responsibility and Reform established
under subsection (b).
(2) Federal agency.--The term ``Federal agency'' means an
establishment in the executive, legislative, or judicial branch
of the Federal Government.
(b) Establishment.--Not later than 30 days after the date of the
enactment of this Act, there shall be established within the
legislative branch a commission to be known as the National Commission
on Fiscal Responsibility and Reform.
(c) Membership.--
(1) Composition of commission.--The Commission shall be
composed of 18 members, of whom--
(A) 6 shall be appointed by the President, of whom
not more than 3 shall be from the same political party;
(B) 3 shall be appointed by the majority leader of
the Senate, from among current Members of the Senate;
(C) 3 shall be appointed by the Speaker of the
House of Representatives, from among current Members of
the House of Representatives;
(D) 3 shall be appointed by the minority leader of
the Senate, from among current Members of the Senate;
and
(E) 3 shall be appointed by the minority leader of
the House of Representatives, from among current
Members of the House of Representatives.
(2) Initial appointments.--Not later than 60 days after the
date on which the Commission is established, initial
appointments to the Commission shall be made.
(3) Vacancy.--A vacancy on the Commission shall be filled
in the same manner as the initial appointment.
(d) Co-Chairpersons.--From among the members appointed under
subsection (c), the President shall designate 2 members, who shall not
be of the same political party, to serve as co-chairpersons of the
Commission.
(e) Qualifications.--Members appointed to the Commission shall have
significant depth of experience and responsibilities in matters
relating to--
(1) government service;
(2) fiscal policy;
(3) economics;
(4) Federal agency management or private sector management;
(5) public administration; and
(6) law.
(f) Duties.--
(1) In general.--The Commission shall identify policies
to--
(A) improve the fiscal situation of the Federal
Government in the medium term; and
(B) achieve fiscal sustainability of the Federal
Government in the long term.
(2) Requirements.--In carrying out paragraph (1), the
Commission shall--
(A) propose recommendations designed to balance the
budget of the Federal Government, excluding interest
payments on the public debt, by the date that is 10
years after the date on which the Commission is
established, in order to stabilize the ratio of the
public debt to the gross domestic product of the United
States at an acceptable level; and
(B) propose recommendations that meaningfully
improve the long-term fiscal outlook of the Federal
Government, including changes to address the growth of
entitlement spending and the gap between the projected
revenues and expenditures of the Federal Government.
(g) Reports and Proposed Joint Resolution.--
(1) In general.--
(A) Final report.--Not later than 1 year after the
date on which all members of the Commission are
appointed under subsection (c), the Commission shall
vote on the approval of a final report, which shall
contain--
(i) the recommendations required under
subsection (f)(2); and
(ii) a proposed joint resolution
implementing the recommendations described in
clause (i).
(B) Interim reports.--At any time after the date on
which all members of the Commission are appointed and
prior to voting on the approval of a final report under
subparagraph (A), the Commission may vote on the
approval of an interim report containing such
recommendations described in subsection (f)(2) as the
Commission may provide.
(2) Approval of report.--The Commission may only issue a
report under this subsection if--
(A) not less than 12 members of the Commission
approve the report; and
(B) of the members approving the report under
subparagraph (A), not less than 4 are members of the
same political party to which the Speaker of the House
of Representatives belongs and not less than 4 are
members of the same political party to which the
minority leader of the House of Representatives
belongs.
(3) Submission of report.--With respect to each report
approved under this subsection, the Commission shall--
(A) submit to Congress the report; and
(B) make the report available to the public.
(4) Preparation of joint resolution.--
(A) In general.--In drafting the proposed joint
resolution described in paragraph (1)(A)(ii), the
Commission--
(i) may use the services of the offices of
the Legislative Counsel of the Senate and House
of Representatives; and
(ii) shall consult with the Comptroller
General of the United States and the Director
of the Congressional Budget Office.
(B) Consultation with committees.--In drafting the
proposed joint resolution described in paragraph
(1)(A)(ii), the co-chairpersons of the Commission, with
respect to the contents of the proposed joint
resolution, shall consult with--
(i) the chairperson and ranking member of
each relevant committee of the Senate and the
House of Representatives;
(ii) the majority and minority leader of
the Senate; and
(iii) the Speaker and minority leader of
the House of Representatives.
(C) Requirements for consultation.--The
consultation required under subparagraph (B) shall
provide the opportunity for each individual described
in subparagraph (B) to provide--
(i) recommendations for alternative means
of addressing the recommendations described in
paragraph (1)(A)(i); and
(ii) recommendations regarding which
recommendations described in paragraph
(1)(A)(i) should not be addressed in the
proposed joint resolution.
(D) Relevant committees.--For the purpose of this
paragraph, the relevant committees of the Senate and
the House of Representatives shall be--
(i) the Committee on Finance of the Senate;
(ii) the Committee on Ways and Means of the
House of Representatives;
(iii) the Committee on Health, Education,
Labor, and Pensions of the Senate; and
(iv) the Committee on Energy and Commerce
of the House of Representatives.
(h) Powers of the Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out the duties of the Commission described in subsection
(f).
(2) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from any Federal agency such information as the
Commission considers necessary to carry out the duties
of the Commission described in subsection (f).
(B) Provision of information.--Upon request from
the co-chairpersons of the Commission, the head of a
Federal agency shall provide information described in
subparagraph (A) to the Commission.
(3) Postal services.--The Commission may use the United
States mail in the same manner and under the same conditions as
departments and agencies of the Federal Government.
(4) Website.--
(A) Contents.--The Commission shall establish a
website containing--
(i) the recommendations required under
subsection (f)(2); and
(ii) the records of attendance of the
members of the Commission for each meeting of
the Commission.
(B) Date of publication.--Not later than 72 hours
after the conclusion of a meeting of the Commission,
the Commission shall publish a recommendation or record
of attendance described under subparagraph (A) that is
made or taken at the meeting on the website established
under such subparagraph.
(i) Assistance of Other Legislative Branch Entities.--As the
Commission conducts the work of the Commission--
(1) the Comptroller General of the United States shall
provide technical assistance to the Commission on findings and
recommendations of the Government Accountability Office;
(2) the Director of the Congressional Budget Office shall
provide technical assistance to the Commission on findings and
recommendations of the Congressional Budget Office; and
(3) the chair of the Joint Committee on Taxation shall
provide technical assistance to the Commission on findings and
recommendations of the Joint Committee on Taxation.
(j) Personnel Matters.--
(1) In general.--Members of the Commission shall serve
without compensation.
(2) Travel expenses.--Members of the Commission 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 the homes or regular places of business
of the members in the performance of services for the
Commission.
(3) Staff.--
(A) In general.--
(i) Appointment.--The co-chairpersons of
the Commission may, without regard to civil
service laws and regulations, appoint and
terminate an executive director and such other
additional personnel as may be necessary to
enable the Commission to perform the duties of
the Commission.
(ii) Approval.--The appointment of an
executive director under clause (i) shall be
subject to confirmation by the Commission.
(B) Compensation.--
(i) In general.--The co-chairpersons of the
Commission may fix the compensation of the
executive director and other personnel of the
Commission without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to the
classification of positions and General
Schedule pay rates.
(ii) Pay rate.--The rate of pay for the
executive director and other personnel of the
Commission may not exceed the rate payable for
level V of the Executive Schedule under section
5613 of title 5, United States Code.
(4) Detail of government employees.--Any employee of the
Federal Government may be detailed to the Commission--
(A) without reimbursement; and
(B) without interruption or loss of civil service
status or privilege.
(5) Procurement of temporary and intermittent services.--
The co-chairpersons of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals that do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
(k) Termination of the Commission.--The Commission shall terminate
on the date that is 30 days after the date on which the Commission
submits the final report of the Commission under subsection (g)(1)(A).
(l) Rules of Construction.--Nothing in this Act shall be construed
to--
(1) impair or otherwise affect--
(A) authority granted by law to a Federal agency or
a head thereof; or
(B) functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals; or
(2) create any right or benefit, substantive or procedural,
enforceable at law or in equity, by any party against the
United States, the departments, agencies, entities, officers,
employees, or agents of the United States, or any other person.
(m) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Commission such sums as may be necessary to carry out this
Act.
(2) Availability.--Any sums appropriated under paragraph
(1) shall remain available, without fiscal year limitation,
until expended.
(n) Inapplicability of Federal Advisory Committee Act.--Chapter 10
of title 5, United States Code, shall not apply to the Commission.
SEC. 3. SPECIAL MESSAGE OF THE PRESIDENT.
(a) Definitions.--In this section:
(1) Commission report.--The term ``Commission report''
means the final report of the National Commission on Fiscal
Responsibility and Reform described in section 2(g)(1)(A).
(2) Special message.--The term ``special message'' means
the special message on the Commission report required under
subsection (b)(1).
(b) Submission of Special Message.--
(1) In general.--Not later than 60 days after the date on
which the Commission submits the Commission report to Congress,
the President shall submit to Congress a special message on the
report.
(2) Transmittal.--The President shall submit the special
message--
(A) to the Secretary of the Senate if the Senate is
not in session; and
(B) to the Clerk of the House of Representatives if
the House of Representatives is not in session.
(c) Contents of Special Message.--The special message shall
describe the reasons for the support or opposition of the President to
the proposed joint resolution contained in the Commission report.
(d) Public Availability.--The President shall--
(1) make a copy of a special message publicly available,
including on a website of the President; and
(2) publish in the Federal Register a notice of a special
message and information on how the special message can be
obtained.
SEC. 4. EXPEDITED CONSIDERATION OF PROPOSED JOINT RESOLUTION.
(a) Definition of Commission Joint Resolution.--In this section,
the term ``Commission joint resolution'' means a joint resolution that
consists solely of the text of the proposed joint resolution required
to be included in the final report of the Commission under section
2(g)(1)(A)(ii).
(b) Qualifying Legislation.--Only a Commission joint resolution
shall be entitled to expedited consideration under this section.
(c) Consideration in the House of Representatives.--
(1) Introduction.--A Commission joint resolution 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 next legislative
day after the date on which the Commission approves the
final report of the Commission under section
2(g)(1)(A); or
(B) if the Commission joint resolution 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 a Commission joint resolution is
referred shall report the Commission joint resolution to the
House of Representatives without amendment not later than 10
legislative days after the date on which the Commission joint
resolution was so referred. If a committee of the House of
Representatives fails to report a Commission joint resolution
within that period, it shall be in order to move that the House
of Representatives discharge the committee from further
consideration of the Commission joint resolution. Such a motion
shall not be in order after the last committee authorized to
consider the Commission joint resolution reports it to the
House of Representatives or after the House of Representatives
has disposed of a motion to discharge the Commission joint
resolution. The previous question shall be considered as
ordered on the motion to its adoption without intervening
motion, except 20 minutes of debate equally divided and
controlled by the proponent and an opponent. If such a motion
is adopted, the House of Representatives shall proceed
immediately to consider the Commission joint resolution in
accordance with paragraphs (3) and (4). A motion to reconsider
the vote by which the motion is disposed of shall not be in
order.
(3) Proceeding to consideration.--After the last committee
authorized to consider a Commission joint resolution reports it
to the House of Representatives or has been discharged (other
than by motion) from its consideration, it shall be in order to
move to proceed to consider the Commission joint resolution 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 Commission joint
resolution. The previous question shall be considered as
ordered on the motion to its adoption without intervening
motion. A motion to reconsider the vote by which the motion is
disposed of shall not be in order.
(4) Consideration.--The Commission joint resolution shall
be considered as read. All points of order against the
Commission joint resolution and against its consideration are
waived. The previous question shall be considered as ordered on
the Commission joint resolution to its passage without
intervening motion, except 2 hours of debate equally divided
and controlled by the proponent and an opponent and 1 motion to
limit debate on the Commission joint resolution. A motion to
reconsider the vote on passage of the Commission joint
resolution shall not be in order.
(5) Vote on passage.--The vote on passage of the Commission
joint resolution shall occur not later than 3 legislative days
after the date on which the last committee authorized to
consider the Commission joint resolution reports it to the
House of Representatives or is discharged.
(d) Expedited Procedure in the Senate.--
(1) Introduction in the senate.--A Commission joint
resolution may be introduced in the Senate (by request)--
(A) by the majority leader of the Senate, or by a
Member of the Senate designated by the majority leader
of the Senate, on the next legislative day after the
date on which the President submits the proposed joint
resolution under section 3(b); or
(B) if the Commission joint resolution is not
introduced under subparagraph (A), by any Member of the
Senate on any day on which the Senate is in session
beginning on the day after the day described in
subparagraph (A).
(2) Committee consideration.--A Commission joint resolution
introduced in the Senate under paragraph (1) shall be jointly
referred to the committee or committees of jurisdiction, which
committees shall report the Commission joint resolution without
any revision and with a favorable recommendation, an
unfavorable recommendation, or without recommendation, not
later than 10 session days after the date on which the
Commission joint resolution was so referred. If any committee
to which a Commission joint resolution is referred fails to
report the Commission joint resolution within that period, that
committee shall be automatically discharged from consideration
of the Commission joint resolution, and the Commission joint
resolution shall be placed on the appropriate calendar.
(3) 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 a Commission joint resolution
is reported or discharged from all committees to which the
Commission joint resolution was referred, for the majority
leader of the Senate or the designee of the majority leader to
move to proceed to the consideration of the Commission joint
resolution. It shall also be in order for any Member of the
Senate to move to proceed to the consideration of the
Commission joint resolution 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 Commission
joint resolution are waived. The motion to proceed shall not be
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 Commission joint resolution is
agreed to, the Commission joint resolution shall remain the
unfinished business until disposed of. All points of order
against a Commission joint resolution and against consideration
of the Commission joint resolution are waived.
(4) No amendments.--An amendment to a Commission joint
resolution, a motion to postpone, a motion to proceed to the
consideration of other business, or a motion to recommit the
Commission joint resolution, is not in order.
(5) 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
a Commission joint resolution shall be decided without debate.
(e) Amendment.--A Commission joint resolution shall not be subject
to amendment in either the Senate or the House of Representatives.
(f) Consideration by the Other House.--
(1) In general.--If, before passing a Commission joint
resolution, a House receives from the other House a Commission
joint resolution of the other House--
(A) the Commission joint resolution 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 Commission joint resolution had been
received from the other House until the vote on
passage, when the Commission joint resolution received
from the other House shall supplant the Commission
joint resolution of the receiving House.
(2) Revenue measures.--This subsection shall not apply to
the House of Representatives if a Commission joint resolution
received from the Senate is a revenue measure.
(g) Rules To Coordinate Action With Other House.--
(1) Treatment of commission joint resolution of other
house.--If a Commission joint resolution is not introduced in
the Senate or the Senate fails to consider a Commission joint
resolution under this section, the Commission joint resolution
of the House of Representatives shall be entitled to expedited
floor procedures under this section.
(2) Treatment of companion measures in the senate.--If,
following passage of a Commission joint resolution in the
Senate, the Senate receives from the House of Representatives a
Commission joint resolution, the House-passed Commission joint
resolution shall not be debatable. The vote on passage of the
Commission joint resolution in the Senate shall be considered
to be the vote on passage of the Commission joint resolution
received from the House of Representatives.
(3) Vetoes.--If the President vetoes a Commission joint
resolution, consideration of a veto message in the Senate under
this paragraph 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.
(h) Exercise of Rulemaking Power.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and, as such--
(A) it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
Commission joint resolution; and
(B) 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 (so 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.
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