[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

[[Page S4355]]

     (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.
                                 ______