[Congressional Record Volume 169, Number 95 (Thursday, June 1, 2023)]
[Senate]
[Pages S1930-S1932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 118. Ms. LUMMIS submitted an amendment intended to be proposed by
her to the bill H.R. 3746, to provide for a responsible increase to the
debt ceiling; 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 2023''.
(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 (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
[[Page S1931]]
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.--
(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
[[Page S1932]]
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.
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