[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2965 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 2965

  To establish a Commission for Fiscal Sustainability, to assure the 
    long-term fiscal stability and economic security of the Federal 
   Government of the United States, and to create prosperity for all 
                               Americans.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2010

  Mr. Ensign introduced the following bill; which was read twice and 
                referred to the Committee on the Budget

_______________________________________________________________________

                                 A BILL


 
  To establish a Commission for Fiscal Sustainability, to assure the 
    long-term fiscal stability and economic security of the Federal 
   Government of the United States, and to create prosperity for all 
                               Americans.

    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 ``Commission for Fiscal Sustainability 
Act of 2010''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et 
seq.) is amended by adding at the end the following new section:

        ``establishment of commission for fiscal sustainability

    ``Sec. 316.  (a) Definitions.--In this section:
            ``(1) Commission.--The term `Commission' means the 
        Commission for Fiscal Sustainability established under 
        subsection (b)(1).
            ``(2) Commission bill.--The term `Commission bill' means a 
        bill consisting of the proposed legislative language of the 
        Commission recommended under subsection (b)(3)(B) and 
        introduced under subsection (e)(1).
            ``(3) Fiscal imbalance.--The term `fiscal imbalance' means 
        the gap between the projected revenues and expenditures of the 
        Federal Government.
    ``(b) Establishment of Commission.--
            ``(1) Establishment.--There is established in the 
        legislative branch a Commission to be known as the `Commission 
        for Fiscal Sustainability'.
            ``(2) Purposes.--
                    ``(A) Review.--The Commission shall review the 
                fiscal imbalance of the Federal Government, including--
                            ``(i) analyses of projected Federal 
                        expenditures;
                            ``(ii) analyses of projected Federal 
                        revenues; and
                            ``(iii) analyses of the current and long-
                        term actuarial financial condition of the 
                        Federal Government.
                    ``(B) Identify factors.--The Commission shall 
                identify factors solely related to Federal expenditures 
                that affect the long-term fiscal imbalance of the 
                Federal Government.
                    ``(C) Analyze potential courses of action.--The 
                Commission shall analyze potential courses of action to 
                address the long-term fiscal imbalance solely related 
                to reductions in Federal expenditures.
                    ``(D) Provide recommendations and legislative 
                language.--The Commission shall provide recommendations 
                and legislative language that will significantly 
                improve the long-term fiscal imbalance of the Federal 
                Government solely through reductions in Federal 
                expenditures. The Commission shall not provide 
                recommendation related to increasing Federal revenues 
                through increased taxes.
            ``(3) Duties.--
                    ``(A) In general.--The Commission shall address the 
                Nation's long-term fiscal imbalances, consistent with 
                the purposes described in paragraph (2), and shall 
                submit the report and recommendations required under 
                subparagraph (B).
                    ``(B) Report, recommendations, and legislative 
                language.--
                            ``(i) In general.--Not later than September 
                        1, 2010, the Commission shall vote on a report 
                        that contains--
                                    ``(I) a detailed statement of the 
                                findings, conclusions, and 
                                recommendations of the Commission;
                                    ``(II) the assumptions, scenarios, 
                                and alternatives considered in reaching 
                                such findings, conclusions, and 
                                recommendations; and
                                    ``(III) proposed legislative 
                                language to carry out such 
                                recommendations as described in 
                                paragraph (2)(D).
                            ``(ii) Approval of report.--The report of 
                        the Commission submitted under clause (i) shall 
                        require the approval of not fewer than 8 of the 
                        16 members of the Commission.
                            ``(iii) Additional views.--A member of the 
                        Commission who gives notice of an intention to 
                        file supplemental, minority, or additional 
                        views at the time of final Commission approval 
                        of the report under clause (ii), shall be 
                        entitled to not less than 3 calendar days in 
                        which to file such views in writing with the 
                        staff director of the Commission. Such views 
                        shall then be included in the Commission report 
                        and printed in the same volume, or part 
                        thereof, and their inclusion shall be noted on 
                        the cover of the report. In the absence of 
                        timely notice, the Commission report may be 
                        printed and transmitted immediately without 
                        such views.
                            ``(iv) Transmission of report.--No later 
                        than September 15, 2010, the Commission shall 
                        submit the Commission bill and final report to 
                        the President, the Vice President, the Speaker 
                        of the House, and the majority and minority 
                        leaders of both Houses.
                            ``(v) Report to be made public.--Upon the 
                        approval or disapproval of the Commission 
                        report pursuant to clause (ii), the Commission 
                        shall promptly make the full report, and a 
                        record of the vote, available to the public.
            ``(4) Membership.--
                    ``(A) In general.--The Commission shall be composed 
                of 16 members designated pursuant to subparagraph (B).
                    ``(B) Designation.--Members of the Commission shall 
                be designated as follows:
                            ``(i) The majority leader of the Senate 
                        shall designate 4 members from among Members of 
                        the Senate.
                            ``(ii) The minority leader of the Senate 
                        shall designate 4 members from among Members of 
                        the Senate.
                            ``(iii) The Speaker of the House of 
                        Representatives shall designate 4 members from 
                        among Members of the House of Representatives.
                            ``(iv) The minority leader of the House of 
                        Representatives shall designate 4 members from 
                        among Members of the House of Representatives.
                    ``(C) Co-chairs.--
                            ``(i) In general.--There shall be 2 Co-
                        Chairs of the Commission. The majority leader 
                        of the Senate, and Speaker of the House shall 
                        designate one Co-Chair among the members of the 
                        Commission. The minority leader of the Senate 
                        and minority leader of the House shall 
                        designate the second Co-Chair among the members 
                        of the Commission. The Co-Chairs shall be 
                        appointed not later than 14 days after the date 
                        of enactment of this section.
                            ``(ii) Staff director.--The Co-Chairs, 
                        acting jointly, shall hire the staff director 
                        of the Commission.
                    ``(D) Date.--Members of the Commission shall be 
                designated by not later than 14 days after the date of 
                enactment of this section.
                    ``(E) Period of designation.--Members shall be 
                designated for the life of the Commission. Any vacancy 
                in the Commission shall not affect its powers, but 
                shall be filled not later than 14 days after the date 
                on which the vacancy occurs in the same manner as the 
                original designation.
                    ``(F) Compensation.--Members of the Commission 
                shall serve without any additional compensation for 
                their work on the Commission. However, members may be 
                allowed travel expenses, including per diem in lieu of 
                subsistence, in accordance with sections 5702 and 5703 
                of title 5, United States Code, while away from their 
                homes or regular places of business in performance of 
                services for the Commission.
            ``(5) Administration.--
                    ``(A) Authority to establish rules and 
                regulations.--The Co-Chairs, in consultation with the 
                other members of the Commission, may establish rules 
                and regulations for the conduct of Commission business, 
                if such rules and regulations are not inconsistent with 
                this section or other applicable law.
                    ``(B) Quorum.--Ten members of the Commission shall 
                constitute a quorum for purposes of voting, meeting, 
                and holding hearings.
                    ``(C) Voting.--
                            ``(i) Proxy voting.--No proxy voting shall 
                        be allowed on behalf of the members of the 
                        Commission.
                            ``(ii) Report, recommendations and 
                        legislative language.--
                                    ``(I) Dates.--The Commission may 
                                not vote on any version of the report, 
                                recommendations, or legislative 
                                language before the timing provided for 
                                in paragraph (3)(B)(i).
                                    ``(II) Congressional budget office 
                                and joint committee on taxation 
                                estimates.--The Congressional Budget 
                                Office and Joint Committee on Taxation 
                                shall provide estimates of the 
                                Commission report and recommendations 
                                (as described in subsection (b)(2)(D)) 
                                in accordance with section 308(a) and 
                                201(f) of the Congressional Budget Act 
                                of 1974. The Commission may not vote on 
                                any version of the report, 
                                recommendations, or legislative 
                                language unless a final estimate is 
                                available for consideration by all the 
                                members at least 72 hours prior to the 
                                vote.
                    ``(D) Meetings.--
                            ``(i) Initial meeting.--Not later than 45 
                        days after the date of enactment of this 
                        section, the Commission shall hold its first 
                        meeting.
                            ``(ii) Meetings.--The Commission shall meet 
                        at the call of the Co-Chairs or at least 10 of 
                        its members.
                            ``(iii) Agenda.--An agenda shall be 
                        provided to the Commission members at least 1 
                        week in advance of any meeting. Commission 
                        members who want to have items placed on the 
                        agenda for consideration shall notify the staff 
                        director as early as possible, but not less 
                        than 48 hours in advance of a scheduled 
                        meeting.
                            ``(iv) Sunshine.--The meetings of the 
                        Commission shall be open to the public and 
                        transcripts of the deliberations and a record 
                        of votes of the Commission shall be made public 
                        on a pubic website established by the 
                        Commission.
                    ``(E) Hearings.--
                            ``(i) In general.--Subject to subparagraph 
                        (G), the Commission may, for the purpose of 
                        carrying out this section, hold such hearings, 
                        sit and act at such times and places, take such 
                        testimony, receive such evidence, and 
                        administer such oaths the Commission considers 
                        advisable.
                            ``(ii) Hearing procedures and 
                        responsibilities of co-chairs.--
                                    ``(I) Announcement.--The Commission 
                                Co-Chairs shall make public 
                                announcement of the date, place, time, 
                                and subject matter of any hearing to be 
                                conducted at least 1 week in advance of 
                                such hearing, unless the Co-Chairs 
                                determine that there is good cause to 
                                begin such hearing at an earlier date.
                                    ``(II) Written statement.--A 
                                witness appearing before the Commission 
                                shall file a written statement of 
                                proposed testimony at least 2 days 
                                prior to appearance, unless the 
                                requirement is waived by the Co-Chairs, 
                                following their determination that 
                                there is good cause for failure of 
                                compliance.
                    ``(F) Technical assistance.--Upon written request 
                of the Co-Chairs, a Federal agency shall provide 
                technical assistance to the Commission in order for the 
                Commission to carry out its duties.
                    ``(G) Information.--
                            ``(i) Resources.--
                                    ``(I) In general.--Notwithstanding 
                                section 1108 of title 31, United States 
                                Code, the Commission shall have 
                                authority to access assistance, 
                                materials, resources, statistical data, 
                                and other information the Commission 
                                determines to be necessary to carry out 
                                its duties directly from an officer or 
                                employee of any executive department, 
                                bureau, agency, board, commission, 
                                office, independent establishment, or 
                                instrumentality of the Government, 
                                including the Library of Congress, the 
                                Chief Actuary of the Social Security 
                                Administration, the Chief Actuary of 
                                the Centers for Medicare & Medicaid 
                                Services, the Congressional Budget 
                                Office, the Department of the Treasury, 
                                the Department of Health and Human 
                                Services, the Office of Management and 
                                Budget, the Government Accountability 
                                Office, and the Joint Committee on 
                                Taxation. Each agency or 
                                instrumentality shall, to the extent 
                                permitted by law, furnish such 
                                information to the Commission upon 
                                written request of the Co-Chairs.
                                    ``(II) Copies supplied.--Copies of 
                                written requests and all written or 
                                electronic responses provided under 
                                this clause shall be provided to the 
                                staff director and shall be made 
                                available for review by all members of 
                                the Commission upon request.
                            ``(ii) Receipt, handling, storage, and 
                        dissemination of information.--Information 
                        shall only be received, handled, stored, and 
                        disseminated by members of the Commission and 
                        its staff consistent with all applicable 
                        statutes, regulations, and Executive orders.
                            ``(iii) Limitation of access to tax 
                        information.--Information accessed under this 
                        subparagraph shall not include tax data from 
                        the United States Internal Revenue Service, the 
                        release of which would otherwise be in 
                        violation of law.
                    ``(H) Postal services.--The Commission may use the 
                United States mails in the same manner and under the 
                same conditions as other departments and agencies of 
                the Federal Government.
                    ``(I) Assistance from federal agencies.--
                            ``(i) General services administration.--
                        Upon the request of the Co-Chairs of the 
                        Commission, the Administrator of General 
                        Services shall provide to the Commission, on a 
                        reimbursable basis, the administrative support 
                        services necessary for the Commission to carry 
                        out its responsibilities under this section. 
                        These administrative services may include human 
                        resources management, budget, leasing, 
                        accounting, and payroll services.
                            ``(ii) Other departments and agencies.--In 
                        addition to the assistance prescribed in clause 
                        (i), departments and agencies of the United 
                        States may provide to the Commission such 
                        services, funds, facilities, staff, and other 
                        support services as they may determine 
                        advisable and as may be authorized by law.
                    ``(J) Contract authority.--The Commission is 
                authorized to enter into contracts with Federal and 
                State agencies, private firms, institutions, and 
                individuals for the conduct of activity necessary to 
                the discharge of its duties and responsibilities. A 
                contract, lease, or other legal agreement entered into 
                by the Commission may not extend beyond the date of the 
                termination of the Commission.
    ``(c) Staff of Commission.--
            ``(1) Appointment and compensation of shared staff.--The 
        Co-Chairs may appoint and fix the compensation of a staff 
        director and such other personnel as may be necessary to enable 
        the Commission to carry out its functions, without regard to 
        the provisions of title 5, United States Code, governing 
        appointments in the competitive service, but at rates not to 
        exceed the daily rate paid a person occupying a position at 
        level III of the Executive Schedule under section 5314 of title 
        5, United States Code.
            ``(2) Additional staff for commission members.--Each member 
        of the Commission may appoint up to 2 additional dedicated 
        staff and fix the compensation of such dedicated personnel 
        without regard to the provisions of title 5, United States 
        Code, governing appointments in the competitive service, but at 
        rates not to exceed the daily rate paid a person occupying a 
        position at level III of the Executive Schedule under section 
        5314 of title 5, United States Code. Dedicated staff shall 
        report to each appointing member.
            ``(3) Personnel as federal employees.--
                    ``(A) In general.--The staff director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    ``(B) Members of commission.--Subparagraph (A) 
                shall not be construed to apply to members of the 
                Commission.
            ``(4) Outside consultants.--No outside consultants or other 
        personnel, either by contract, detail, volunteer, or through a 
        remunerative agreement, may be hired without the approval of 
        the Co-Chairs.
            ``(5) Detailees.--With the approval of the Co-Chairs any 
        Federal Government employee may be detailed to the Commission 
        with or without reimbursement from the Commission, and such 
        detailee shall retain the rights, status, and privileges of his 
        or her regular employment without interruption. Reimbursable 
        amounts may include the fair value of equipment and supplies 
        used by the detailee in support of the Commission's activities. 
        For the purpose of this paragraph, Federal Government employees 
        shall include employees of the legislative branch.
            ``(6) Consultant services.--The Co-Chairs of the Commission 
        are authorized to procure the services of experts and 
        consultants in accordance with section 3109 of title 5, United 
        States Code, but at rates not to exceed the daily rate paid a 
        person occupying a position at level III of the Executive 
        Schedule under section 5316 of title 5, United States Code.
            ``(7) Temporary and intermittent services.--The Co-Chairs 
        of the Commission may procure temporary and intermittent 
        services under section 3109(b) of title 5, United States Code, 
        at rates for individuals which do not exceed the daily 
        equivalent of the annual rate of basic pay prescribed for level 
        III of the Executive Schedule under section 5316 of such title.
            ``(8) Volunteer services.--
                    ``(A) In general.--Notwithstanding the provisions 
                of section 1342 of title 31, United States Code, the 
                Co-Chairs of the Commission are authorized to accept 
                and utilize the services of volunteers serving without 
                compensation. The Commission may reimburse such 
                volunteers for local travel and office supplies, and 
                for other travel expenses, including per diem in lieu 
                of substance, as authorized by section 5703 of title 5, 
                United States Code.
                    ``(B) Employee status.--A person providing 
                volunteer services to the Commission shall be 
                considered an employee of the Federal Government in the 
                performance of those services for the purposes of 
                Chapter 81 of title 5, United States Code, relating to 
                compensation for work-related injuries, chapter 171 of 
                title 28, United States Code, relating to tort claims 
                and chapter 11 of title 18, United States Code, 
                relating to conflicts of interests.
                    ``(C) Ethical guidelines for staff.--In the absence 
                of statutorily defined coverage, the staff, including 
                staff director, shall follow the ethical rules and 
                guidelines of the Senate. Staff coming from the private 
                sector or outside public government may petition the 
                Co-Chairs for a waiver from provisions of Senate Ethics 
                rules.
            ``(9) Advisory panel.--The Commission may establish an 
        advisory panel consisting of volunteers with knowledge and 
        expertise relevant to the Commission`s purpose. Membership of 
        the Advisory Panel, and the scope of the Panel's activities, 
        shall be decided by the Co-Chairs in consultation with the 
        other members of the Commission.
    ``(d) Termination.--
            ``(1) In general.--The Commission shall terminate on the 
        date that is 90 days after the Commission submits the report 
        required under subsection (b)(3)(B).
            ``(2) Concluding activities.--The Commission may use the 
        90-day period referred to in paragraph (1) for the purpose of 
        concluding its activities, including providing testimony to 
        committees of Congress concerning its report and disseminating 
        the final report.
    ``(e) Expedited Consideration of Commission Recommendations.--
            ``(1) Introduction.--
                    ``(A) Reconvening.--
                            ``(i) In the house of representatives.--
                        Upon receipt of a report under subsection 
                        (b)(3)(B), the Speaker, if the House would 
                        otherwise be adjourned, shall notify the 
                        Members of the House that, pursuant to this 
                        section, the House shall convene not later than 
                        October 1, 2010.
                            ``(ii) In the senate.--
                                    ``(I) Convening.--Upon receipt of a 
                                report under subsection (b)(3)(B), if 
                                the Senate has adjourned or recessed 
                                for more than 2 days, the majority 
                                leader of the Senate, after 
                                consultation with the minority leader 
                                of the Senate, shall notify the Members 
                                of the Senate that, pursuant to this 
                                section, the Senate shall convene not 
                                later than October 1, 2010.
                                    ``(II) Adjourning.--No concurrent 
                                resolution adjourning the Senate for 
                                more than 3 days shall be in order 
                                until the Senate votes on passage of 
                                the Commission bill under paragraph 
                                (2)(B)(iv).
                    ``(B) Introduction of commission bill.--The 
                proposed legislative language contained in the report 
                submitted pursuant to subsection (b)(3)(B), upon 
                receipt by the Congress, shall be introduced not later 
                than October 15, 2010, in the Senate and in the House 
                of Representatives by the majority leader of each House 
                of Congress, for himself, the minority leader of each 
                House of Congress, for himself, or any member of the 
                House designated by the majority leader or minority 
                leader. If the Commission bill is not introduced in 
                accordance with the preceding sentence in either House 
                of Congress, then any Member of that House may 
                introduce the Commission bill on any day thereafter. 
                Upon introduction, the Commission bill shall be 
                referred to the appropriate committees under 
                subparagraph (C).
                    ``(C) Committee consideration.--A Commission bill 
                introduced in either House of Congress shall be jointly 
                referred to the committee or committees of jurisdiction 
                and the Committee on the Budget of that House, which 
                committees shall report the bill without any revision 
                and with a favorable recommendation, an unfavorable 
                recommendation, or without recommendation, not later 
                than 7 calendar days after the date of introduction of 
                the bill in that House, or the first day thereafter on 
                which that House is in session. If any committee fails 
                to report the bill within that period, that committee 
                shall be automatically discharged from consideration of 
                the bill, and the bill shall be placed on the 
                appropriate calendar.
            ``(2) Expedited procedures.--
                    ``(A) Fast track consideration in house of 
                representatives.--
                            ``(i) Proceeding to consideration.--It 
                        shall be in order, not later than 2 days of 
                        session after the date on which a Commission 
                        bill is reported or discharged from all 
                        committees to which it was referred, for the 
                        majority leader of the House of Representatives 
                        or the majority leader's designee, to move to 
                        proceed to the consideration of the Commission 
                        bill. It shall also be in order for any Member 
                        of the House of Representatives to move to 
                        proceed to the consideration of the Commission 
                        bill at any time after the conclusion of such 
                        2-day period. All points of order against the 
                        motion are waived. Such a motion shall not be 
                        in order after the House has disposed of a 
                        motion to proceed on the Commission bill. The 
                        previous question shall be considered as 
                        ordered on the motion to its adoption without 
                        intervening motion. The motion shall not be 
                        debatable. A motion to reconsider the vote by 
                        which the motion is disposed of shall not be in 
                        order.
                            ``(ii) Consideration.--The Commission bill 
                        shall be considered as read. All points of 
                        order against the Commission bill and against 
                        its consideration are waived. The previous 
                        question shall be considered as ordered on the 
                        Commission bill to its passage without 
                        intervening motion except 100 hours of debate 
                        equally divided and controlled by the proponent 
                        and an opponent, and any motion to limit 
                        debate. A motion to reconsider the vote on 
                        passage of the Commission bill shall not be in 
                        order.
                            ``(iii) Appeals.--Appeals from decisions of 
                        the chair relating to the application of the 
                        Rules of the House of Representatives to the 
                        procedure relating to a Commission bill shall 
                        be decided without debate.
                            ``(iv) Application of house rules.--Except 
                        to the extent specifically provided in 
                        paragraph (2)(A), consideration of a Commission 
                        bill shall be governed by the Rules of the 
                        House of Representatives. It shall not be in 
                        order in the House of Representatives to 
                        consider any Commission bill introduced 
                        pursuant to the provisions of this subsection 
                        under a suspension of the rules pursuant to 
                        Clause 1 of House Rule XV, or under a special 
                        rule reported by the House Committee on Rules.
                            ``(v) No amendments.--No amendment to the 
                        Commission bill shall be in order in the House 
                        of Representatives.
                            ``(vi) Vote on passage.--Immediately 
                        following the conclusion of consideration of 
                        the Commission bill, the vote on passage of the 
                        Commission bill shall occur without any 
                        intervening action or motion. If the Commission 
                        bill is passed, the Clerk of the House of 
                        Representatives shall cause the bill to be 
                        transmitted to the Senate before the close of 
                        the next day of session of the House. The vote 
                        on passage shall occur not later than November 
                        1, 2010.
                    ``(B) Fast track consideration in senate.--
                            ``(i) In general.--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 bill is 
                        reported or discharged from all committees to 
                        which it was referred, for the majority leader 
                        of the Senate or the majority leader's designee 
                        to move to proceed to the consideration of the 
                        Commission bill. It shall also be in order for 
                        any Member of the Senate to move to proceed to 
                        the consideration of the Commission 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 Commission 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 Commission bill is 
                        agreed to, the Commission bill shall remain the 
                        unfinished business until disposed of.
                            ``(ii) Debate.--All points of order against 
                        the Commission bill and against consideration 
                        of the Commission bill are waived. 
                        Consideration of the Commission bill and of all 
                        debatable motions and appeals in connection 
                        therewith shall not exceed a total of 100 
                        hours. Debate shall be divided equally between 
                        the majority and minority leaders or their 
                        designees. A motion further to limit debate on 
                        the Commission bill is in order and is not 
                        debatable. Any debatable motion or appeal is 
                        debatable for not to exceed 1 hour, to be 
                        divided equally between those favoring and 
                        those opposing the motion or appeal. All time 
                        used for consideration of the Commission bill, 
                        including time used for quorum calls and 
                        voting, shall be counted against the total 100 
                        hours of consideration.
                            ``(iii) No amendments.--An amendment to the 
                        Commission bill, or a motion to postpone, or a 
                        motion to proceed to the consideration of other 
                        business, or a motion to recommit the 
                        Commission bill, is not in order.
                            ``(iv) Vote on passage.--The vote on 
                        passage shall occur immediately following the 
                        conclusion of the debate on a Commission bill, 
                        and a single quorum call at the conclusion of 
                        the debate if requested. The vote on passage 
                        shall occur not later than November 1, 2010.
                            ``(v) Adjournment.--If, by November 1, 
                        2010, either House has failed to adopt a motion 
                        to proceed to the Commission bill, paragraph 
                        (1)(A)(ii)(II) shall not apply.
                            ``(vi) 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 bill shall be decided 
                        without debate.
                    ``(C) Rules to coordinate action with other 
                house.--
                            ``(i) Referral.--If, before the passage by 
                        1 House of a Commission bill of that House, 
                        that House receives from the other House a 
                        Commission bill, then the Commission bill of 
                        the other House shall not be referred to a 
                        committee and shall immediately be placed on 
                        the calendar.
                            ``(ii) Procedure.--If the Senate receives 
                        the Commission bill passed by the House of 
                        Representatives before the Senate has voted on 
                        passage of the Commission bill--
                                    ``(I) the procedure in the Senate 
                                shall be the same as if no Commission 
                                bill had been received from House of 
                                Representatives; and
                                    ``(II) the vote on passage in the 
                                Senate shall be on the Commission bill 
                                of the House of Representatives.
                            ``(iii) Treatment of commission bill of 
                        other house.--If 1 House fails to introduce or 
                        consider a Commission bill under this section, 
                        the Commission bill of the other House shall be 
                        entitled to expedited floor procedures under 
                        this section.
                            ``(iv) Treatment of companion measures in 
                        the senate.--If following passage of the 
                        Commission bill in the Senate, the Senate then 
                        receives the Commission bill from the House of 
                        Representatives, the House-passed Commission 
                        bill shall not be debatable. The vote on 
                        passage of the Commission bill in the Senate 
                        shall be considered to be the vote on passage 
                        of the Commission bill received from the House 
                        of Representatives.
                            ``(v) Vetoes.--If the President vetoes the 
                        Commission bill, debate on a veto message in 
                        the Senate under this section shall be 1 hour 
                        equally divided between the majority and 
                        minority leaders or their designees.
            ``(3) Suspension.--No motion to suspend the application of 
        this subsection shall be in order in the Senate or in the House 
        of Representatives.''.

SEC. 3. FUNDING.

    From the amounts appropriated or made available and remaining 
unobligated under division A (other than under title X of division A) 
of the American Recovery and Reinvestment Act of 2009 (Public Law 111-
5), there is rescinded pro rata an aggregate amount equal to 
$9,000,000, which amount shall be made available without need for 
further appropriation to the Commission for Fiscal Sustainability to 
carry out the purposes of the Commission for Fiscal Sustainability, and 
which shall remain available through fiscal year 2011. Not later than 
14 days after the date of enactment of this section, the Director of 
the Office of Management and Budget shall administer the rescission and 
make available such amount to the Commission for Fiscal Sustainability.
                                 <all>