[Congressional Record Volume 168, Number 198 (Tuesday, December 20, 2022)]
[Senate]
[Pages S9634-S9636]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6566. Ms. LUMMIS submitted an amendment intended to be proposed to 
amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 2617, to amend 
section 1115 of title 31, United States Code, to amend the description 
of how performance goals are achieved, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. NATIONAL COMMISSION ON FISCAL RESPONSIBILITY AND 
                   REFORM.

       (a) Short Title.--This section may be cited as the 
     ``Sustainable Budget Act of 2022''.
       (b) Establishment of Commission.--
       (1) Definitions.--In this subsection:
       (A) Commission.--The term ``Commission'' means the National 
     Commission on Fiscal Responsibility and Reform established 
     under paragraph (2).
       (B) Federal agency.--The term ``Federal agency'' means an 
     establishment in the executive, legislative, or judicial 
     branch of the Federal Government.
       (2) 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.
       (3) Membership.--
       (A) Composition of commission.--The Commission shall be 
     composed of 18 members, of whom--
       (i) 6 shall be appointed by the President, of whom not more 
     than 3 shall be from the same political party;
       (ii) 3 shall be appointed by the majority leader of the 
     Senate, from among current Members of the Senate;
       (iii) 3 shall be appointed by the Speaker of the House of 
     Representatives, from among current Members of the House of 
     Representatives;
       (iv) 3 shall be appointed by the minority leader of the 
     Senate, from among current Members of the Senate; and
       (v) 3 shall be appointed by the minority leader of the 
     House of Representatives, from among current Members of the 
     House of Representatives.
       (B) Initial appointments.--Not later than 60 days after the 
     date on which the Commission is established, initial 
     appointments to the Commission shall be made.
       (C) Vacancy.--A vacancy on the Commission shall be filled 
     in the same manner as the initial appointment.
       (4) Co-chairpersons.--From among the members appointed 
     under paragraph (3), the President shall designate 2 members, 
     who shall not be of the same political party, to serve as co-
     chairpersons of the Commission.
       (5) Qualifications.--Members appointed to the Commission 
     shall have significant depth of experience and 
     responsibilities in matters relating to--
       (A) government service;
       (B) fiscal policy;
       (C) economics;
       (D) Federal agency management or private sector management;
       (E) public administration; and
       (F) law.
       (6) Duties.--
       (A) In general.--The Commission shall identify policies 
     to--
       (i) improve the fiscal situation of the Federal Government 
     in the medium term; and
       (ii) achieve fiscal sustainability of the Federal 
     Government in the long term.
       (B) Requirements.--In carrying out subparagraph (A), the 
     Commission shall--
       (i) 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
       (ii) 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.
       (7) Reports and proposed joint resolution.--
       (A) In general.--
       (i) Final report.--Not later than 1 year after the date on 
     which all members of the Commission are appointed under 
     paragraph

[[Page S9635]]

     (3), the Commission shall vote on the approval of a final 
     report, which shall contain--

       (I) the recommendations required under paragraph (6)(B); 
     and
       (II) a proposed joint resolution implementing the 
     recommendations described in subclause (I).

       (ii) 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 clause (i), 
     the Commission may vote on the approval of an interim report 
     containing such recommendations described in subsection 
     paragraph (6)(B) as the Commission may provide.
       (B) Approval of report.--The Commission may only issue a 
     report under this paragraph if--
       (i) not less than 12 members of the Commission approve the 
     report; and
       (ii) of the members approving the report under clause (i), 
     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.
       (C) Submission of report.--With respect to each report 
     approved under this paragraph, the Commission shall--
       (i) submit to Congress the report; and
       (ii) make the report available to the public.
       (D) Preparation of joint resolution.--
       (i) In general.--In drafting the proposed joint resolution 
     described in subparagraph (A)(i)(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.

       (ii) Consultation with committees.--In drafting the 
     proposed joint resolution described in subparagraph 
     (A)(i)(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.

       (iii) Requirements for consultation.--The consultation 
     required under clause (ii) shall provide the opportunity for 
     each individual described in clause (ii) to provide--

       (I) recommendations for alternative means of addressing the 
     recommendations described in subparagraph (A)(i)(I); and
       (II) recommendations regarding which recommendations 
     described in subparagraph (A)(i)(I) should not be addressed 
     in the proposed joint resolution.

       (iv) Relevant committees.--For the purpose of this 
     subparagraph, 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.

       (8) Powers of the commission.--
       (A) 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 
     paragraph (6).
       (B) Information from federal agencies.--
       (i) 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 paragraph (6).
       (ii) Provision of information.--Upon request from the co-
     chairpersons of the Commission, the head of a Federal agency 
     shall provide information described in clause (i) to the 
     Commission.
       (C) 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.
       (D) Website.--
       (i) Contents.--The Commission shall establish a website 
     containing--

       (I) the recommendations required under paragraph (6)(B); 
     and
       (II) the records of attendance of the members of the 
     Commission for each meeting of the Commission.

       (ii) 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 clause (i) that is made or taken at the 
     meeting on the website established under such subparagraph.
       (9) Assistance of other legislative branch entities.--As 
     the Commission conducts the work of the Commission--
       (A) the Comptroller General shall provide technical 
     assistance to the Commission on findings and recommendations 
     of the Government Accountability Office;
       (B) the Director of the Congressional Budget Office shall 
     provide technical assistance to the Commission on findings 
     and recommendations of the Congressional Budget Office; and
       (C) 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.
       (10) Personnel matters.--
       (A) In general.--Members of the Commission shall serve 
     without compensation.
       (B) 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.
       (C) Staff.--
       (i) 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 subclause (I) shall be subject to confirmation by the 
     Commission.

       (ii) 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.

       (D) Detail of government employees.--Any employee of the 
     Federal Government may be detailed to the Commission--
       (i) without reimbursement; and
       (ii) without interruption or loss of civil service status 
     or privilege.
       (E) 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.
       (11) 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 (7)(A)(i).
       (12) Rules of construction.--Nothing in this section shall 
     be construed to--
       (A) impair or otherwise affect--
       (i) authority granted by law to a Federal agency or a head 
     thereof; or
       (ii) functions of the Director of the Office of Management 
     and Budget relating to budgetary, administrative, or 
     legislative proposals; or
       (B) 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.
       (13) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated to 
     the Commission such sums as may be necessary to carry out 
     this section.
       (B) Availability.--Any sums appropriated under subparagraph 
     (A) shall remain available, without fiscal year limitation, 
     until expended.
       (14) Inapplicability of federal advisory committee act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Commission.
       (c) Special Message of the President.--
       (1) Definitions.--In this subsection:
       (A) Commission report.--The term ``Commission report'' 
     means the final report of the National Commission on Fiscal 
     Responsibility and Reform described in subsection 
     (b)(7)(A)(i).
       (B) Special message.--The term ``special message'' means 
     the special message on the Commission report required under 
     paragraph (2)(A).
       (2) Submission of special message.--
       (A) 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.
       (B) Transmittal.--The President shall submit the special 
     message--
       (i) to the Secretary of the Senate if the Senate is not in 
     session; and
       (ii) to the Clerk of the House of Representatives if the 
     House of Representatives is not in session.
       (3) 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.
       (4) Public availability.--The President shall--
       (A) make a copy of a special message publicly available, 
     including on a website of the President; and
       (B) publish in the Federal Register a notice of a special 
     message and information on how the special message can be 
     obtained.
       (d) Expedited Consideration of Proposed Joint Resolution.--

[[Page S9636]]

       (1) Definition of commission joint resolution.--In this 
     subsection, 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 subsection 
     (b)(7)(A)(i)(II).
       (2) Qualifying legislation.--Only a Commission joint 
     resolution shall be entitled to expedited consideration under 
     this subsection.
       (3) Consideration in the house of representatives.--
       (A) Introduction.--A Commission joint resolution may be 
     introduced in the House of Representatives (by request)--
       (i) 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 subsection 
     b(7)(A)(i); or
       (ii) if the Commission joint resolution is not introduced 
     under clause (i), by any Member of the House of 
     Representatives on any legislative day beginning on the 
     legislative day after the legislative day described in clause 
     (i).
       (B) 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 subparagraphs (C) and (D). A 
     motion to reconsider the vote by which the motion is disposed 
     of shall not be in order.
       (C) 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.
       (D) 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.
       (E) 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.
       (4) Expedited procedure in the senate.--
       (A) Introduction in the senate.--A Commission joint 
     resolution may be introduced in the Senate (by request)--
       (i) 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 
     subsection (c)(2); or
       (ii) if the Commission joint resolution is not introduced 
     under clause (i), 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 clause (i).
       (B) Committee consideration.--A Commission joint resolution 
     introduced in the Senate under subparagraph (A) 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.
       (C) 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.
       (D) 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.
       (E) 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.
       (5) Amendment.--A Commission joint resolution shall not be 
     subject to amendment in either the Senate or the House of 
     Representatives.
       (6) Consideration by the other house.--
       (A) In general.--If, before passing a Commission joint 
     resolution, a House receives from the other House a 
     Commission joint resolution of the other House--
       (i) the Commission joint resolution of the other House 
     shall not be referred to a committee; and
       (ii) 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.
       (B) Revenue measures.--This paragraph shall not apply to 
     the House of Representatives if a Commission joint resolution 
     received from the Senate is a revenue measure.
       (7) Rules to coordinate action with other house.--
       (A) 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.
       (B) 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.
       (C) Vetoes.--If the President vetoes a Commission joint 
     resolution, consideration of a veto message in the Senate 
     under this subparagraph 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.
       (8) Exercise of rulemaking power.--This subsection is 
     enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and, as such--
       (i) 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
       (ii) it supersedes other rules only to the extent that it 
     is inconsistent with such rules; and
       (B) 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.
                                 ______