[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1174 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1174

To establish a national commission on fiscal responsibility and reform, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 15, 2021

  Ms. Lummis (for herself, Ms. Ernst, Mr. Cramer, Mr. Rounds, and Mr. 
   Johnson) 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 2021''.

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 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.--The Federal 
Advisory Committee Act (5 U.S.C. App.) 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.
                                 <all>