[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5779 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5779
To establish a commission on fiscal responsibility and reform.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 28, 2023
Mr. Huizenga (for himself, Mr. Peters, Mr. Cole, Mr. Timmons, Mrs.
Spartz, Mr. Schneider, Mr. Case, Ms. Houlahan, Mr. Bera, Mr. Moore of
Utah, Mr. Mills, Mr. Panetta, Mr. Golden of Maine, Mr. Smith of
Nebraska, and Mr. Schweikert) introduced the following bill; which was
referred to the Committee on the Budget, and in addition to the
Committee on Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a commission on fiscal responsibility and reform.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fiscal Commission Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Co-chair.--The term ``co-chair'' means an individual
appointed to serve as a co-chair of the Fiscal Commission under
section 3(a)(3)(C)(i).
(2) Fiscal commission.--The term ``Fiscal Commission''
means the commission established under section 3(a).
(3) Fiscal commission bill.--The term ``Fiscal Commission
bill'' means a bill consisting solely of legislative language
that the Fiscal Commission approves and submits under clauses
(i) and (v), respectively, of section 3(a)(2)(B).
(4) Outside expert.--The term ``outside expert'' is an
individual who is not an elected official or an officer or
employee of the Federal Government or of any State.
SEC. 3. ESTABLISHMENT OF FISCAL COMMISSION.
(a) Establishment of Fiscal Commission.--
(1) Establishment.--No later than 60 days after the date of
enactment of this Act, there is established in Congress a
Fiscal Commission.
(2) Duties.--
(A) Improve fiscal situation.--
(i) In general.--The Fiscal Commission
shall identify policies to improve the fiscal
situation in the medium term and to achieve a
sustainable debt-to-GDP ratio of the long term,
and for any recommendations related to Federal
programs for which a Federal trust fund exists,
to improve solvency for a period of at least 75
years.
(ii) Requirements.--In carrying out clause
(i), the Fiscal Commission shall--
(I) propose recommendations
designed to balance the budget at the
earliest reasonable date, including at
minimum stabilizing the debt-to-GDP
ratio at or below one hundred percent
by the end of the 10-year period
beginning on the date the Fiscal
Commission is established; and
(II) propose recommendations that
meaningfully improve the long-term
fiscal outlook, including changes to
address the growth of direct spending
and the gap between the projected
revenues and expenditures of the
Federal Government.
(iii) Recommendations of committees.--Not
later than 60 days after the date described in
paragraph (1), 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
further the duties described in clause (ii).
(B) Report, recommendations, and legislative
language.--
(i) In general.--Notwithstanding paragraph
(4)(D)(ii)(II), not earlier than November 6,
2024, but not later than November 15, 2024, the
Fiscal Commission shall meet to consider, and
vote on--
(I) a report that contains a
detailed statement of the findings,
conclusions, and recommendations of the
Fiscal Commission described in
subparagraph (A)(i) and the estimate of
the Congressional Budget Office
required under paragraph (4)(D)(ii);
and
(II) legislative language to carry
out the recommendations of the Fiscal
Commission in the report described in
subclause (I), which shall include a
statement of the economic and budgetary
effects of the recommendations.
(ii) Approval of report and legislative
language.--A report and legislative language of
the Fiscal Commission under clause (i) shall
require the approval of a majority of the
members of the Fiscal Commission, provided that
such majority shall be required to include not
less than 3 members of the Fiscal Commission
appointed by members of the Republican Party
and 3 members appointed by members of the
Democratic party.
(iii) 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
legislative language of the Fiscal
Commission under clause (i) 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 subclause (I) shall be
included in the report of the Fiscal
Commission under clause (i) 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.
(iv) Report and legislative language to be
made public.--Upon the approval or disapproval
of a report and legislative language under
clause (i) 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 clause (iii), not
more than 24 hours after additional views are
filed under such clause, make the report, the
legislative language, and a record of the vote
on the report and legislative language
available to the public.
(v) Submission of report and legislative
language.--If a report and legislative language
are approved by the Fiscal Commission under
clause (i), not later than 3 days after the
date on which the report and legislative
language are made available to the public under
clause (iv), the Fiscal Commission shall submit
the report and legislative language to the
President, the Vice President, the Speaker of
the House of Representatives, and the majority
and minority leaders of each House of Congress.
(3) 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 described in paragraph (1)--
(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.--
(i) In general.--Not later than 14 days
after the date described in paragraph (1), with
respect to the Fiscal Commission--
(I) the leadership of the Senate
and House of Representatives of 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 of 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.
(ii) Staff director.--With respect to the
Fiscal Commission, the co-chairs of the Fiscal
Commission, acting jointly, shall hire the
staff director 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.
(4) Administration.--
(A) In general.--With respect to the Fiscal
Commission, 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 co-chairs of the Fiscal
Commission, subject to the rules and regulations of the
Senate.
(B) Expenses.--With respect to the Fiscal
Commission, in carrying out the functions of the Fiscal
Commission, the Fiscal Commission is authorized to
incur expenses in the same manner and under the same
conditions as the Joint Economic Committee is
authorized under section 11(d) of the Employment Act of
1946 (15 U.S.C. 1024(d)).
(C) Quorum.--With respect to the Fiscal Commission,
9 members of the Fiscal Commission shall constitute a
quorum for purposes of voting, meeting, and holding
hearings.
(D) Voting.--
(i) Proxy voting.--No proxy voting shall be
allowed on behalf of any member of the Fiscal
Commission.
(ii) Congressional budget office
estimates.--
(I) In general.--The Director of
the Congressional Budget Office shall,
with respect to the legislative
language of the Fiscal Commission under
paragraph (2)(B)(i)(II), provide to the
Fiscal Commission--
(aa) estimates of the
legislative language in
accordance with sections 308(a)
and 201(f) of the Congressional
Budget Act of 1974 (2 U.S.C.
639(a) and 601(f)); and
(bb) information on the
budgetary effect of the
legislative language on the
long-term fiscal outlook.
(II) Limitation.--The Fiscal
Commission may not vote on any version
of the report, recommendations, or
legislative language of the Fiscal
Commission under paragraph (2)(B)(i)
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.
(E) Meetings.--
(i) Initial meeting.--Not later than 45
days after the date described in paragraph (1),
the Fiscal Commission shall hold the first
meeting of the Fiscal Commission.
(ii) Agenda.--For each meeting of the
Fiscal Commission, the co-chairs of the Fiscal
Commission shall provide an agenda to the
members of the Fiscal Commission not later than
48 hours before the meeting.
(F) 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.
(G) 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.
(H) Outside expert.--Any outside expert appointed
to the Fiscal Commission--
(i) shall not be considered to be a Federal
employee for any purpose by reason of service
on the Fiscal Commission; and
(ii) 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 Commission.
(b) Staff of Fiscal Commission.--
(1) In general.--The co-chairs of the Fiscal Commission may
jointly appoint and fix the compensation of staff of the Fiscal
Commission as the co-chairs determine necessary, in accordance
with the guidelines, rules, and requirements relating to
employees of the Senate.
(2) Ethical standards.--
(A) Senate.--Members appointed by Members of the
Senate who serve on the Fiscal Commission and staff of
the Fiscal Commission shall adhere to the ethics rules
of the Senate.
(B) House of representatives.--Members appointed by
Members of the House of Representatives who serve on
the Fiscal Commission shall be governed by the ethics
rules and requirements of the House of Representatives.
(c) Termination.--The Fiscal Commission shall terminate on the date
that is 30 days after the date the Fiscal Commission submits the report
under subsection (a)(2)(B)(v).
SEC. 4. EXPEDITED CONSIDERATION OF FISCAL COMMISSION BILLS.
(a) Qualifying Legislation.--Only a Fiscal Commission bill shall be
entitled to expedited consideration under this section.
(b) Consideration in the House of Representatives.--
(1) Introduction.--If the Fiscal Commission approves and
submits legislative language under clauses (i) and (v),
respectively, of section 3(a)(2)(B), the Fiscal Commission bill
consisting solely of that legislative language shall 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 legislative language; or
(B) if the Fiscal Commission 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 a Fiscal Commission bill is referred
shall report the Fiscal Commission bill to the House of
Representatives without amendment not later than 5 legislative
days after the date on which the Fiscal Commission bill was so
referred. If any committee of the House of Representatives to
which a Fiscal Commission bill is referred fails to report the
Fiscal Commission bill within that period, that committee shall
be automatically discharged from consideration of the Fiscal
Commission bill, and the Fiscal Commission bill shall be placed
on the appropriate calendar.
(3) Proceeding to consideration.--After the last committee
authorized to consider a Fiscal Commission bill reports it to
the House of Representatives or has been discharged from its
consideration, it shall be in order to move to proceed to
consider the Fiscal Commission 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 Fiscal Commission bill. The previous
question shall be considered as ordered on the motion to its
adoption without intervening motion.
(4) Consideration.--The Fiscal Commission bill shall be
considered as read. All points of order against the Fiscal
Commission bill and against its consideration are waived. The
previous question shall be considered as ordered on the Fiscal
Commission 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 Fiscal
Commission 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.--If the Fiscal Commission
approves and submits legislative language under clauses (i) and
(v), respectively, of section 3(a)(2)(B), a Fiscal Commission
bill consisting solely of that legislative language may be
introduced in the Senate (by request)--
(A) by the majority leader of the Senate, or by a
Member of the Senate designated by the majority leader
of the Senate, on the next day on which the Senate is
in session; or
(B) if the Fiscal Commission bill is not introduced
under subparagraph (A), by any Member of the Senate on
any day on which the Senate is in session beginning on
the day after the day described in subparagraph (A).
(2) Committee consideration.--A Fiscal Commission bill
introduced in the Senate under paragraph (1) shall be jointly
referred to the committee or committees of jurisdiction, which
committees shall report the Fiscal Commission bill without any
revision and with a favorable recommendation, an unfavorable
recommendation, or without recommendation, not later than 5
session days after the date on which the Fiscal Commission bill
was so referred. If any committee to which a Fiscal Commission
bill is referred fails to report the Fiscal Commission bill
within that period, that committee shall be automatically
discharged from consideration of the Fiscal Commission bill,
and the Fiscal Commission bill shall be placed on the
appropriate calendar.
(3) Proceeding.--Notwithstanding rule XXII of the Standing
Rules of the Senate, it is in order, not later than 2 days of
session after the date on which a Fiscal Commission bill is
reported or discharged from all committees to which the Fiscal
Commission bill 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 Fiscal Commission bill. It
shall also be in order for any Member of the Senate to move to
proceed to the consideration of the Fiscal Commission 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 Fiscal Commission 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
Fiscal Commission bill is agreed to, the Fiscal Commission bill
shall remain the unfinished business until disposed of. All
points of order against a Fiscal Commission bill and against
consideration of the Fiscal Commission bill are waived.
(4) No amendments.--An amendment to a Fiscal Commission
bill, or a motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
Fiscal Commission bill, is not in order.
(5) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate, as the case may be, to the procedure relating to
a Fiscal Commission bill shall be decided without debate.
(d) Amendment.--A Fiscal Commission bill shall not be subject to
amendment in either the Senate or the House of Representatives.
(e) Consideration by the Other House.--
(1) In general.--If, before passing a Fiscal Commission
bill, a House receives from the other House a Fiscal Commission
bill consisting of legislative language approved by the same
Fiscal Commission as the Fiscal Commission bill in the
receiving House--
(A) the Fiscal Commission 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 Fiscal Commission bill had been
received from the other House until the vote on
passage, when the Fiscal Commission bill received from
the other House shall supplant the Fiscal Commission
bill of the receiving House.
(2) Revenue measures.--This subsection shall not apply to
the House of Representatives if a Fiscal Commission bill
received from the Senate is a revenue measure.
(f) Rules To Coordinate Action With Other House.--
(1) Treatment of fiscal commission bill of other house.--If
a Fiscal Commission bill is not introduced in the Senate or the
Senate fails to consider a Fiscal Commission bill under this
section, the Fiscal Commission bill of the House of
Representatives consisting of legislative language approved by
the same Fiscal Commission as the Fiscal Commission bill in the
Senate shall be entitled to expedited floor procedures under
this section.
(2) Treatment of companion measures in the senate.--If,
following passage of a Fiscal Commission bill in the Senate,
the Senate then receives from the House of Representatives a
Fiscal Commission bill approved by the same Fiscal Commission
and consisting of the same legislative language as the Senate-
passed Fiscal Commission bill, the House-passed Fiscal
Commission bill shall not be debatable. The vote on passage of
the Fiscal Commission bill in the Senate shall be considered to
be the vote on passage of the Fiscal Commission bill received
from the House of Representatives.
(3) Vetoes.--If the President vetoes a Fiscal Commission
bill, consideration of a veto message in the Senate under this
paragraph shall be 10 hours equally divided between the
majority and minority leaders of the Senate or the designees of
the majority and minority leaders of the Senate.
SEC. 5. FUNDING.
Funding for the Fiscal Commission shall be derived in equal
portions from--
(1) the contingent fund of the Senate from the
appropriations account ``Miscellaneous Items'', subject to the
rules and regulations of the Senate; and
(2) the applicable accounts of the House of
Representatives.
SEC. 6. RULEMAKING.
The provisions of this Act 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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