[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4354-S4356]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2120. Mr. MANCHIN (for himself and Mr. Romney) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--COMMISSION ON FISCAL STABILITY AND REFORM
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Fiscal Stability Act of
2024''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Co-chair.--The term ``co-chair'' means an individual
appointed to serve as a co-chair of the Fiscal Commission
under section 5003(a)(2)(C).
(2) Direct spending.--The term ``direct spending'' has the
meaning given that term in section 250(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)).
(3) Discretionary appropriations.--The term ``discretionary
appropriations'' has the meaning given that term in section
250(c) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 900(c)).
(4) Fiscal commission.--The term ``Fiscal Commission''
means the commission established under section 5003(a)(1).
(5) Implementing bill.--The term ``implementing bill''
means a bill consisting solely of the text of the
implementing bill that the Fiscal Commission approves and
submits under subparagraphs (A) and (D), respectively, of
section 5003(c)(2).
(6) Outside expert.--The term ``outside expert'' means an
individual who is not an elected official or an officer or
employee of the Federal Government or of any State.
SEC. 5003. ESTABLISHMENT OF FISCAL COMMISSION.
(a) Establishment of Fiscal Commission.--
(1) Establishment.--There is established in the legislative
branch a Fiscal Commission.
(2) Membership.--
(A) In general.--The Fiscal Commission shall be composed of
16 members appointed in accordance with subparagraph (B) and
with due consideration to chairs and ranking members of the
committees and subcommittees of subject matter jurisdiction,
if applicable.
(B) Appointment.--Not later than 14 days after the date of
enactment of this Act--
(i) the majority leader of the Senate shall appoint 3
individuals from among the Members of the Senate, and 1
outside expert, who shall serve as members of the Fiscal
Commission;
(ii) the minority leader of the Senate shall appoint 3
individuals from among the Members of the Senate, and 1
outside expert who shall serve as members of the Fiscal
Commission;
(iii) the Speaker of the House of Representatives shall
appoint 3 individuals from among the Members of the House of
Representatives, and 1 outside expert, who shall serve as
members of the Fiscal Commission; and
(iv) the minority leader of the House of Representatives
shall appoint 3 individuals from among the Members of the
House of Representatives, and 1 outside expert, who shall
serve as members of the Fiscal Commission.
(C) Co-chairs.--Not later than 14 days after the date of
enactment of this Act--
(i) the leadership of the Senate and House of
Representatives who caucus with the same political party as
the President shall appoint 1 individual from among the
members of the Fiscal Commission who shall serve as a co-
chair of the Fiscal Commission; and
(ii) the leadership of the Senate and House of
Representatives who caucus with the opposite political party
as the President, shall appoint 1 individual from among the
members of the Fiscal Commission who shall serve as a co-
chair of the Fiscal Commission.
(D) Period of appointment.--
(i) In general.--The members of the Fiscal Commission shall
be appointed for the life of the Fiscal Commission.
(ii) Vacancy.--
(I) In general.--Any vacancy in the Fiscal Commission shall
not affect the powers of the Fiscal Commission, but shall be
filled not later than 14 days after the date on which the
vacancy occurs, in the same manner as the original
appointment was made.
(II) Ineligible members.--If a member of the Fiscal
Commission who was appointed as a Member of the Senate or the
House Representatives ceases to be a Member of the Senate or
the House of Representatives, as applicable--
(aa) the member shall no longer be a member of the Fiscal
Commission; and
(bb) a vacancy in the Fiscal Commission exists.
(E) Member personnel issues.--
(i) Outside expert.--Any outside expert appointed as a
member of the Fiscal Commission--
(I) shall not be considered to be a Federal employee for
any purpose by reason of service on the Fiscal Commission;
(II) shall serve without compensation; and
(III) 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 their homes or regular places of
business in the performance of services for the Fiscal
Commission.
(ii) Members of congress.--Each member of the Fiscal
Commission who is a Member of the Senate or the House of
Representatives shall serve without compensation in addition
to the compensation received for the services of the member
as a Member of the Senate or the House of Representatives.
(3) Administration.--
(A) In general.--To enable the Fiscal Commission to
exercise the powers, functions, and duties of the Fiscal
Commission, there are authorized to be disbursed by the
Senate the actual and necessary expenses of the Fiscal
Commission approved by the staff director of the Fiscal
Commission, subject to the rules and regulations of the
Senate.
(B) Quorum.--A majority of the members of the Fiscal
Commission who are Members of the Senate or the House of
Representatives, not fewer than 3 of whom were appointed to
the Fiscal Commission by a Member of the Senate or the House
of Representatives who caucuses with same political party as
the President and not fewer than 3 of whom were appointed to
the Fiscal Commission by a Member of the Senate or the House
of Representatives who caucuses with the opposite political
party as the President, shall constitute a quorum.
(C) Voting.--
(i) In general.--Only members of the Fiscal Commission who
are Members of the Senate or the House of Representatives may
vote on any matter. An outside expert serving as a member of
the Fiscal Commission shall be a nonvoting member.
(ii) Proxy voting.--No proxy voting shall be allowed on
behalf of any member of the Fiscal Commission on any matter.
(iii) Congressional budget office estimates.--
(I) In general.--The Director of the Congressional Budget
Office shall, with respect to the implementing bill of the
Fiscal Commission described in subsection (c)(2)(A)(i)(II),
provide to the Fiscal Commission--
(aa) estimates of the implementing bill in accordance with
sections 308(a) and 201(f) of the Congressional Budget Act of
1974 (2 U.S.C. 639(a), 601(f)); and
(bb) information on the budgetary effect of the
implementing bill on the long-term fiscal outlook.
(II) Limitation.--The Fiscal Commission may not vote on any
version of the report, recommendations, or implementation
bill of the Fiscal Commission under subsection
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(c)(2)(A) unless the estimates and information described in
subclause (I) of this clause are made available for
consideration by all members of the Fiscal Commission not
later than 48 hours before that vote, as certified by the co-
chairs of the Fiscal Commission.
(D) Meetings.--
(i) Initial meeting.--Not later than 45 days after the date
of enactment of this Act, the Fiscal Commission shall hold
the first meeting of the Fiscal Commission.
(ii) Agenda.--The co-chairs of the Fiscal Commission shall
provide an agenda to the members of the Fiscal Commission not
later than 48 hours before each meeting of the Fiscal
Commission.
(E) Hearings.--
(i) In general.--The Fiscal Commission may, for the purpose
of carrying out this section, hold such hearings, sit and act
at such times and places, require attendance of witnesses and
production of books, papers, and documents, take such
testimony, receive such evidence, and administer such oaths
as the Fiscal Commission considers advisable.
(ii) Hearing procedures and responsibilities of co-
chairs.--
(I) Announcement.--The co-chairs of the Fiscal Commission
shall make a public announcement of the date, place, time,
and subject matter of any hearing to be conducted under this
subparagraph not later than 7 days before the date of the
hearing, unless the co-chairs determine that there is good
cause to begin such hearing on an earlier date.
(II) Written statement.--A witness appearing before the
Fiscal Commission shall file a written statement of the
proposed testimony of the witness not later than 2 days
before the date of the appearance of the witness, unless the
co-chairs of the Fiscal Commission--
(aa) determine that there is good cause for the witness to
not file the written statement; and
(bb) waive the requirement that the witness file the
written statement.
(F) Technical assistance.--Upon written request of the co-
chairs of the Fiscal Commission, the head of a Federal agency
shall provide technical assistance to the Fiscal Commission
in order for the Fiscal Commission to carry out the duties of
the Fiscal Commission.
(b) Staff of Fiscal Commission.--
(1) In general.--In accordance with the guidelines, rules,
and requirements relating to employees of the Senate--
(A) the co-chairs of the Fiscal Commission may jointly
appoint and fix the compensation of a staff director for the
Fiscal Commission; and
(B) the staff director may appoint and fix the compensation
of additional staff of the Fiscal Commission.
(2) Detail of other congressional staff.--With the approval
of the Member of Congress employing an employee of a personal
office of a Member of Congress or a committee of the Senate
or the House of Representatives, such an employee may be
detailed to the Fiscal Commission on a reimbursable basis.
(3) Ethical standards.--
(A) Senate.--Members of the Fiscal Commission appointed by
Members of the Senate and the staff of the Fiscal Commission
shall adhere to the ethics rules of the Senate.
(B) House of representatives.--Members of the Fiscal
Commission appointed by Members of the House of
Representatives shall be governed by the ethics rules and
requirements of the House of Representatives.
(c) Duties.--
(1) Improve fiscal condition.--
(A) In general.--The Fiscal Commission shall identify
policies to--
(i) meaningfully improve the long-term fiscal condition of
the Federal Government;
(ii) achieve a sustainable ratio of the public debt of the
Federal Government to the gross domestic product of the
United States, which shall be not more than 100 percent, by
fiscal year 2039; and
(iii) improve the solvency of Federal programs for which a
Federal trust fund exists for a period of at least 75 years.
(B) Requirements.--In carrying out subparagraph (A), the
Fiscal Commission shall propose recommendations that
meaningfully improve the long-term fiscal condition of the
Federal Government, including--
(i) changes to address the current levels of discretionary
appropriations, direct spending, and revenues and the gap
between current revenues and expenditures of the Federal
Government; and
(ii) changes to address the growth of discretionary
appropriations, direct spending, and revenues and the gap
between the projected revenues and expenditures of the
Federal Government.
(C) Recommendations of committees.--Not later than 60 days
after the date of enactment of this Act, each committee of
the Senate and the House of Representatives may transmit to
the Fiscal Commission any recommendations of the committee
relating to changes in law to achieve the changes described
in subparagraph (B).
(2) Report, recommendations, and implementing bill.--
(A) Consideration and vote.--
(i) In general.--Not later than May 1, 2025, the Fiscal
Commission shall meet to consider, and vote on--
(I) a report that contains--
(aa) a detailed statement of the policies identified by,
and the findings, conclusions, and recommendations of, the
Fiscal Commission under paragraph (1);
(bb) the estimate of the Congressional Budget Office
required under subsection (a)(3)(C)(iii)(I); and
(cc) a statement of the economic and budgetary effects of
the implementing bill described in subclause (II); and
(II) an implementing bill to carry out the recommendations
of the Fiscal Commission described in subclause (I)(aa).
(ii) Approval of report and implementing bill.--A report
and implementing bill of the Fiscal Commission shall only be
approved under clause (i) upon an affirmative vote of a
majority of the members of the Fiscal Commission who are
Members of the Senate or the House of Representatives, not
fewer than 3 of whom were appointed to the Fiscal Commission
by a Member of the Senate or the House of Representatives who
caucuses with same political party as the President and not
fewer than 3 of whom were appointed to the Fiscal Commission
by a Member of the Senate or the House of Representatives who
caucuses with the opposite political party as the President.
(iii) Single report and implementing bill.--It shall not be
in order for the Fiscal Commission to consider or submit to
Congress more than 1 report described in clause (i)(I) or
more than 1 implementing bill described in clause (i)(II).
(B) Additional views.--
(i) In general.--A member of the Fiscal Commission who
gives notice of an intention to file supplemental, minority,
or additional views at the time of the final Fiscal
Commission vote on the approval of the report and
implementing bill of the Fiscal Commission under subparagraph
(A) shall be entitled to 3 days to file those views in
writing with the staff director of the Fiscal Commission.
(ii) Inclusion in report.--Views filed under clause (i)
shall be included in the report of the Fiscal Commission
under subparagraph (A) and printed in the same volume, or
part thereof, and such inclusion shall be noted on the cover
of the report, except that, in the absence of timely notice,
the report may be printed and transmitted immediately without
such views.
(C) Report and implementing bill to be made public.--Upon
the approval or disapproval of a report and implementing bill
under subparagraph (A) by the Fiscal Commission, the Fiscal
Commission shall promptly, and not more than 24 hours after
the approval or disapproval or, if timely notice is given
under subparagraph (B), not more than 24 hours after
additional views are filed under such subparagraph, make the
report, the implementing bill, and a record of the vote on
the report and implementing bill available to the public.
(D) Submission of report and implementing bill.--If a
report and implementing bill are approved by the Fiscal
Commission under subparagraph (A), not later than 3 days
after the date on which the report and implementing bill are
made available to the public under subparagraph (C), the
Fiscal Commission shall submit the report and implementing
bill to the President, the Vice President, the Speaker of the
House of Representatives, and the majority and minority
leaders of each House of Congress. The report shall be
referred to all committees of jurisdiction in the respective
Houses.
(d) Termination.--The Fiscal Commission shall terminate on
the date that is 30 days after the date the Fiscal Commission
submits the report and implementing bill under subsection
(c)(2)(D).
SEC. 5004. EXPEDITED CONSIDERATION OF FISCAL COMMISSION
IMPLEMENTING BILLS.
(a) Qualifying Legislation.--
(1) In general.--Only an implementing bill shall be
entitled to expedited consideration under this section.
(2) Single bill.--Except as provided in subsection (d), it
shall not be in order in the Senate or the House of
Representatives to consider more than 1 implementing bill.
(b) Consideration in the House of Representatives.--
(1) Introduction.--If the Fiscal Commission approves and
submits an implementing bill under subparagraphs (A) and (D),
respectively, of section 5003(c)(2), the implementing bill
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
third legislative day after the date the Fiscal Commission
approves and submits such implementing bill; or
(B) if the implementing bill 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 an implementing bill is referred
shall report the implementing bill to the House of
Representatives without amendment not later than 5
legislative days after the date on which the implementing
bill was so referred. If any committee of the House of
Representatives to which an implementing bill is referred
fails to report the implementing bill within that period,
that committee shall be automatically discharged from
consideration of the implementing bill, and the implementing
bill shall be placed on the appropriate calendar.
(3) Proceeding to consideration.--After the last committee
authorized to consider an implementing bill reports it to the
House of
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Representatives or has been discharged from its
consideration, it shall be in order to move to proceed to
consider implementing bill 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 implementing bill. The previous question shall
be considered as ordered on the motion to its adoption
without intervening motion.
(4) Consideration.--The implementing bill shall be
considered as read. All points of order against the
implementing bill and against its consideration are waived.
An amendment to the implementing bill is not in order. The
previous question shall be considered as ordered on the
implementing bill to its passage without intervening motion
except 2 hours of debate equally divided and controlled by
the proponent and an opponent.
(5) Vote on passage.--The vote on passage of the
implementing bill shall occur pursuant to the constraints
under clause 8 of rule XX of the Rules of the House of
Representatives.
(c) Expedited Procedure in the Senate.--
(1) Introduction in the senate.--On the day on which an
implementing bill is submitted to the Senate under section
5003(c)(2)(D), the implementing bill shall be introduced, by
request, by the Majority Leader of the Senate for himself or
herself and the minority leader of the Senate, or by any
Member so designated by them. If the Senate is not in session
on the day on which such implementing bill is submitted, it
shall be introduced as provided on the first day thereafter
on which the Senate is in session. Such implementing bill
shall be placed on the Calendar of Business under General
Orders.
(2) 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 an implementing bill is
placed on the Calendar, for the majority leader of the Senate
or the designee of the majority leader to move to proceed to
the consideration of the implementing bill. It shall also be
in order for any Member of the Senate to move to proceed to
the consideration of the implementing 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 implementing 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
implementing bill is agreed to, it shall remain the
unfinished business until disposed of. All points of order
against the implementing bill and against its consideration
are waived.
(3) No amendments.--An amendment to the implementing bill,
a motion to postpone, a motion to proceed to the
consideration of other business, or a motion to commit the
implementing bill is not in order.
(4) 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 an implementing bill shall be decided without
debate.
(d) Consideration by the Other House.--
(1) In general.--If, before passing an implementing bill,
one House receives from the other House an implementing bill
consisting solely of the text of the implementing bill
approved by the Fiscal Commission--
(A) the implementing bill 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 implementing bill had been received from the other
House until the vote on passage, when the implementing bill
received from the other House shall supplant the implementing
bill of the receiving House.
(2) Revenue measures.--This subsection shall not apply to
the House of Representatives if an implementing bill received
from the Senate is a revenue measure.
(3) No implementing bill in the senate.--If an implementing
bill is not introduced in the Senate or the Senate fails to
consider an implementing bill under this section, the
implementing bill of the House of Representatives shall be
entitled to expedited floor procedures under this section.
(4) Treatment of companion measure in the senate.--If,
following passage of an implementing bill in the Senate, the
Senate then receives from the House of Representatives an
implementing bill consisting of the same text as the Senate-
passed implementing bill, the House-passed implementing bill
shall not be debatable. The vote on passage of the
implementing bill in the Senate shall be considered to be the
vote on passage of the implementing bill received from the
House of Representatives.
(e) Vetoes.--If the President vetoes an implementing bill,
consideration of a veto message in the Senate 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.
(f) Constructive Resubmission.--
(1) In general.--In addition to the expedited procedures
otherwise provided under this section, in the case of any
implementing bill submitted under section 5003(c)(2)(D)
during the period beginning on the date occurring--
(A) in the case of the Senate, 30 session days; or
(B) in the case of the House of Representatives, 30
legislative days,
before the date the Congress adjourns a session of Congress
and ending on the date on which the same or succeeding
Congress first convenes its next session, the expedited
procedures under this section shall apply to such
implementing bill in the succeeding session of Congress.
(2) Application.--In applying this section for the purposes
of constructive resubmission, an implementing bill described
under paragraph (1) shall be treated as though such
implementing bill were submitted by the Fiscal Commission
on--
(A) in the case of the Senate, the 15th session day; or
(B) in the case of the House of Representatives, the 15th
legislative day,
after the succeeding session of Congress first convenes.
(3) Limitation.--The constructive resubmission under this
subsection shall not apply if a vote with respect to the
implementing bill was taken in either House in a preceding
session of Congress.
SEC. 5005. FUNDING.
Funding for the Fiscal Commission shall be derived from the
contingent fund of the Senate from the appropriations account
``Miscellaneous Items'', subject to the rules and regulations
of the Senate.
SEC. 5006. RULEMAKING.
The provisions of section 5004 are enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and, as such,
the provisions--
(A) shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically
apply; and
(B) shall supersede other rules only to the extent that
they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same
extent as in the case of any other rule of such House.
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