I 

116TH CONGRESS 

1ST SESSION H. R. 5211 

To establish a national commission on fiscal responsibility and reform, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2019 

Mr. CASE (for himself and Mr. WOMACK) 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 national commission on fiscal responsibility 

and reform, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sustainable Budget 

5 Act of 2019’’. 

6 SEC. 2. ESTABLISHMENT OF COMMISSION. 

7 (a) ESTABLISHMENT.—Not later than 30 days after 

8 the date of the enactment of this Act, there shall be estab9 lished within the legislative branch a commission to be 


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1 known as the National Commission on Fiscal Responsi2 bility and Reform (referred to in this Act as the ‘‘Commis3 sion’’). 

4 (b) MEMBERSHIP.— 

5 (1) COMPOSITION OF COMMISSION.—A Commis6 sion shall be composed of 18 members of whom— 

7 (A) six members shall be appointed by the 

8 President, of whom not more than 4 shall be 

9 from the same political party; 

10 (B) three members shall be appointed by 

11 the majority leader of the Senate, from among 

12 current Members of the Senate; 

13 (C) three members shall be appointed by 

14 the Speaker of the House of Representatives, 

15 from among current Members of the House of 

16 Representatives; 

17 (D) three members shall be appointed by 

18 the minority leader of the Senate, from among 

19 current Members of the Senate; and 

20 (E) three members shall be appointed by 

21 the minority leader of the House of Representa22 tives, from among current Members of the 

23 House of Representatives. 

24 (2) INITIAL APPOINTMENTS.—Initial appoint25 ments to the Commission shall be made not later 


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1 than 60 days after the establishment of the Commis2 sion. 

3 (3) VACANCY.—A vacancy on the Commission 

4 shall be filled in the same manner as the initial ap5 pointment. 

6 (c) CO-CHAIRPERSONS.—From among the members 

7 appointed under paragraph (1), the President shall des8 ignate 2 members, who shall not be of the same political 

9 party, to serve as Co-Chairpersons of the Commission. 

10 (d) QUALIFICATIONS.—Members appointed to the 

11 Commission shall have significant depth of experience and 

12 responsibilities in matters relating to government service, 

13 fiscal policy, economics, Federal agency management or 

14 private sector management, public administration, and 

15 law. 

16 (e) DUTIES.— 

17 (1) IN GENERAL.—The Commission shall iden18 tify policies to improve the fiscal situation in the me19 dium term and to achieve fiscal sustainability over 

20 the long term. 

21 (2) REQUIREMENTS.—In carrying out para22 graph (1), the Commission shall— 

23 (A) propose recommendations designed to 

24 balance the budget, excluding interest payments 

25 on the debt, by the end of the 10-year period 


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1 beginning on the date on which the Commission 

2 is established, in order to stabilize the debt-to3 GDP ratio at an acceptable level; and 

4 (B) propose recommendations that mean5 ingfully improve the long-term fiscal outlook, 

6 including changes to address the growth of enti7 tlement spending and the gap between the pro8 jected revenues and expenditures of the Federal 

9 Government. 

10 (f) REPORTS.— 

11 (1) IN GENERAL.— 

12 (A) FINAL REPORT.—Not later than 1 

13 year after the date on which members are ap14 pointed to the Commission under subsection 

15 (b), the Commission shall vote on the approval 

16 of a final report containing the recommenda17 tions required under subsection (e). 

18 (B) INTERIM REPORTS.—At any time after 

19 the date on which members are appointed and 

20 prior to voting on the approval of a final report 

21 under subparagraph (A), the Commission may 

22 vote on the approval of an interim report con23 taining such recommendations described in sub24 section (e) as the Commission may provide. 


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1 (2) APPROVAL OF REPORT.—The Commission 

2 may only issue a report under this subsection if— 

3 (A) the report is approved by not less than 

4 12 members of the Commission; and 

5 (B) of the members approving the report, 

6 at least 4 are members of the same political 

7 party to which the Speaker of the House of 

8 Representatives belongs and at least 4 are 

9 members of the same political party to which 

10 the minority leader of the House of Representa11 tives belongs. 

12 (3) SUBMISSION OF REPORT TO CONGRESS.— 

13 Each report approved under this subsection shall be 

14 submitted to Congress and made available to the 

15 public. 

16 (g) POWERS OF THE COMMISSION.— 

17 (1) HEARINGS.—The Commission may hold 

18 such hearings, sit and act at such times and places, 

19 take such testimony, and receive such evidence as 

20 the Commission considers advisable to carry out the 

21 duties of the Commission described in subsection (e). 

22 (2) INFORMATION FROM FEDERAL AGENCIES.— 

23 The Commission may secure directly from any Fed24 eral agency such information as the Commission 

25 considers necessary to carry out the duties of the 


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1 Commission described in subsection (e). Upon re2 quest from the Co-Chairpersons of the Commission, 

3 the head of the Federal agency shall provide the in4 formation requested to the Commission. 

5 (3) POSTAL SERVICES.—The Commission may 

6 use the United States mail in the same manner and 

7 under the same conditions as other departments and 

8 agencies of the Federal Government. 

9 (4) WEBSITE.— 

10 (A) CONTENTS.—The Commission shall es11 tablish a website that shall contain— 

12 (i) the recommendations required 

13 under subsection (e); and 

14 (ii) the records of attendance of the 

15 members of the Commission for each meet16 ing of the Commission. 

17 (B) DATE OF PUBLICATION.—The Com18 mission shall publish a recommendation or 

19 record of attendance described under subpara20 graph (A) on the website established under 

21 such subparagraph not later than 72 hours 

22 after the conclusion of the meeting at which 

23 such recommendation is made or at which such 

24 record of attendance is taken. 


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1 (h) ASSISTANCE OF OTHER LEGISLATIVE BRANCH

2 ENTITIES.— 

3 (1) GOVERNMENT ACCOUNTABILITY OFFICE.— 

4 The Comptroller General shall provide technical as5 sistance to the Commission, as the Commission con6 ducts the work of the Commission, on the findings 

7 and recommendations of the Government Account8 ability Office. 

9 (2) CONGRESSIONAL BUDGET OFFICE.—The 

10 Director of the Congressional Budget Office shall 

11 provide technical assistance to the Commission, as 

12 the Commission conducts the work of the Commis13 sion, on the findings and recommendations of the 

14 Congressional Budget Office. 

15 (3) JOINT COMMITTEE ON TAXATION.—The 

16 chair of the Joint Committee on Taxation shall pro17 vide technical assistance to the Commission, as the 

18 Commission conducts the work of the Commission, 

19 on the findings and recommendations of the Joint 

20 Committee on Taxation. 

21 (i) PERSONNEL MATTERS.— 

22 (1) IN GENERAL.—Members of the Commission 

23 shall serve without any additional compensation. 

24 (2) TRAVEL EXPENSES.—Members of the Com25 mission shall be allowed travel expenses, including 


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1 per diem in lieu of subsistence, as rates authorized 

2 for employees of agencies under subchapter I of 

3 chapter 57 of title 5, United States Code, while 

4 away from their homes or regular places of business 

5 in the performance of services for the Commission. 

6 (3) STAFF.— 

7 (A) IN GENERAL.—The Co-Chairpersons of 

8 the Commission, may without regard to the civil 

9 service laws and regulations, appoint and termi10 nate an executive director and such other addi11 tional personnel as may be necessary to enable 

12 the Commission to perform its duties. The em13 ployment of an executive director shall be sub14 ject to confirmation by the Commission. 

15 (B) COMPENSATION.—The Co-Chair16 persons of the Commission may fix the com17 pensation of the executive director and other 

18 personnel without regard to the provisions of 

19 chapter 51 and subchapter III of chapter 53 of 

20 title 5, United States Code, relating to the clas21 sification of positions and General Schedule pay 

22 rates, except that the rate of pay for the execu23 tive director and other personnel may not ex24 ceed the rate payable for level V of the Execu25 tive Schedule under section 5613 of such title. 


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1 (4) DETAIL OF GOVERNMENT EMPLOYEES.— 

2 Any Federal Government employee may be detailed 

3 to the Commission without reimbursement, and such 

4 detail shall be without interruption or loss of civil 

5 service status or privilege. 

6 (5) PROCUREMENT OF TEMPORARY AND INTER7 MITTENT SERVICES.—The Co-Chairpersons of each 

8 Commission may procure temporary and intermit9 tent services under section 3109(b) of title 5, United 

10 States Code, at rates for individuals which do not 

11 exceed the daily equivalent of the annual rate of 

12 basic pay prescribed for level V of the Executive 

13 Schedule under section 5316 of such title. 

14 (j) TERMINATION OF THE COMMISSION.—The Com15 mission established shall terminate 30 days after the date 

16 on which the Commission submits the final report of the 

17 Commission under subsection (f). 

18 (k) RULES OF CONSTRUCTION.—Nothing in this Act 

19 shall be construed to— 

20 (1) impair or otherwise affect— 

21 (A) authority granted by law to an execu22 tive department, agency, or the head thereof; or 

23 (B) functions of the Director of the Office 

24 of Management and Budget relating to budg25 etary, administrative, or legislative proposals; or 


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1 (2) create any right or benefit, substantive or 

2 procedural, enforceable at law or in equity by any 

3 party against the United States, its departments, 

4 agencies, or entities, its officers, employees, or 

5 agents, or any other person. 

6 (l) AUTHORIZATION OF APPROPRIATIONS.— 

7 (1) IN GENERAL.—There are authorized to be 

8 appropriated to the Commission such sums as may 

9 be necessary to carry out this Act. 

10 (2) AVAILABILITY.—Any sums appropriated 

11 under paragraph (1) shall remain available, without 

12 fiscal year limitation, until expended. 

13 (m) FEDERAL AGENCY DEFINED.—The term ‘‘Fed14 eral agency’’ means an establishment in the executive, leg15 islative, or judicial branch of the Federal Government. 

16 SEC. 3. CONSIDERATION OF COMMISSION RECOMMENDA17 TIONS. 

18 (a) SUBMISSION OF PROPOSED JOINT RESOLU19 TION.—Not later than 60 days after the date on which 

20 the Commission submits a report to Congress under sec21 tion 2(f)(3), the President shall transmit to Congress a 

22 special message on the report, accompanied by a proposed 

23 joint resolution consisting of legislative language to imple24 ment the recommendations contained in such report. 


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1 (b) REQUIREMENTS FOR PREPARATION OF PRO2 POSED JOINT RESOLUTION.— 

3 (1) CONSULTATION WITH CONGRESS.— 

4 (A) IN GENERAL.—The President may not 

5 transmit a proposed joint resolution under sub6 section (a) until after the President completes 

7 consultation with Congress in accordance with 

8 this paragraph. 

9 (B) CONSULTATION WITH COMMITTEES.— 

10 The President shall consult with the chairman 

11 and ranking minority member of each relevant 

12 committee of the Senate or of the House of 

13 Representatives regarding the contents of a 

14 proposed joint resolution. 

15 (C) REQUIREMENTS FOR CONSULTA16 TION.—The consultation required under sub17 paragraph (B) shall provide the opportunity for 

18 the chairman and ranking member of each rel19 evant committee of the Senate or of the House 

20 of Representatives to provide— 

21 (i) recommendations for alternative 

22 means of addressing the recommendations 

23 contained in the Commission report; and 

24 (ii) recommendations regarding which 

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1 mission report should not be addressed in 

2 the proposed joint resolution. 

3 (D) RELEVANT COMMITTEES.—The rel4 evant committees of the Senate and the House 

5 of Representatives for purposes of this para6 graph shall be— 

7 (i) determined by the President; and 

8 (ii) based on the content of the pro9 posed joint resolution. 

10 (2) CONSULTATION WITH GAO AND CBO.—The 

11 President shall prepare a proposed joint resolution 

12 transmitted under subsection (a) in consultation 

13 with the Comptroller General of the United States 

14 and the Director of the Congressional Budget Office. 

15 (c) CONTENTS OF SPECIAL MESSAGE.—A special 

16 message transmitted under subsection (a) shall— 

17 (1) specify recommendations outlined in the 

18 Commission report that are excluded from the pro19 posed joint resolution; 

20 (2) detail why the recommendations described 

21 in paragraph (1) were excluded from the proposed 

22 joint resolution; 

23 (3) specify recommendations outlined in the 

24 Commission report that are included in the proposed 

25 joint resolution; and 


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1 (4) identify programs included in the Commis2 sion report that should be eliminated or consoli3 dated. 

4 (d) TRANSMITTAL.—The President shall submit the 

5 special message to the Secretary of the Senate if the Sen6 ate is not in session and to the Clerk of the House of 

7 Representatives if the House is not in session. 

8 (e) PUBLIC AVAILABILITY.—The President shall 

9 make a copy of the special message and the proposed joint 

10 resolution publicly available, including publicly available 

11 on a website of the President, and shall publish in the 

12 Federal Register a notice of the message and information 

13 on how it can be obtained. 

14 SEC. 4. EXPEDITED CONSIDERATION OF PROPOSED JOINT 

15 RESOLUTION. 

16 (a) QUALIFYING LEGISLATION.— 

17 (1) IN GENERAL.—Only a Commission joint 

18 resolution shall be entitled to expedited consideration 

19 under this section. 

20 (2) DEFINITION.—In this section, the term 

21 ‘‘Commission joint resolution’’ means a joint resolu22 tion which consists solely of the text of the proposed 

23 joint resolution submitted by the President under 

24 section 3(a). 


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1 (b) CONSIDERATION IN THE HOUSE OF REPRESENT2 ATIVES.— 

3 (1) INTRODUCTION.—A Commission joint reso4 lution may be introduced in the House of Represent5 atives (by request)— 

6 (A) by the majority leader of the House of 

7 Representatives, or by a Member of the House 

8 of Representatives designated by the majority 

9 leader of the House of Representatives, on the 

10 next legislative day after the date on which the 

11 President submits the proposed joint resolution 

12 under section 3(a); or 

13 (B) if the Commission joint resolution is 

14 not introduced under subparagraph (A), by any 

15 Member of the House of Representatives on any 

16 legislative day beginning on the legislative day 

17 after the legislative day described in subpara18 graph (A). 

19 (2) REFERRAL AND REPORTING.—Any com20 mittee of the House of Representatives to which a 

21 Commission joint resolution is referred shall report 

22 the Commission joint resolution to the House of 

23 Representatives without amendment not later than 

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1 mittee of the House of Representatives fails to re2 port a Commission joint resolution within that pe3 riod, it shall be in order to move that the House of 

4 Representatives discharge the committee from fur5 ther consideration of the Commission joint resolu6 tion. Such a motion shall not be in order after the 

7 last committee authorized to consider the Commis8 sion joint resolution reports it to the House of Rep9 resentatives or after the House of Representatives 

10 has disposed of a motion to discharge the Commis11 sion joint resolution. The previous question shall be 

12 considered as ordered on the motion to its adoption 

13 without intervening motion except 20 minutes of de14 bate equally divided and controlled by the proponent 

15 and an opponent. If such a motion is adopted, the 

16 House of Representatives shall proceed immediately 

17 to consider the Commission joint resolution in ac18 cordance with paragraphs (3) and (4). A motion to 

19 reconsider the vote by which the motion is disposed 

20 of shall not be in order. 

21 (3) PROCEEDING TO CONSIDERATION.—After 

22 the last committee authorized to consider a Commis23 sion joint resolution reports it to the House of Rep24 resentatives or has been discharged (other than by 

25 motion) from its consideration, it shall be in order 


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1 to move to proceed to consider the Commission joint 

2 resolution in the House of Representatives. Such a 

3 motion shall not be in order after the House of Rep4 resentatives has disposed of a motion to proceed 

5 with respect to the Commission joint resolution. The 

6 previous question shall be considered as ordered on 

7 the motion to its adoption without intervening mo8 tion. A motion to reconsider the vote by which the 

9 motion is disposed of shall not be in order. 

10 (4) CONSIDERATION.—The Commission joint 

11 resolution shall be considered as read. All points of 

12 order against the Commission joint resolution and 

13 against its consideration are waived. The previous 

14 question shall be considered as ordered on the Com15 mission joint resolution to its passage without inter16 vening motion except 2 hours of debate equally di17 vided and controlled by the proponent and an oppo18 nent and 1 motion to limit debate on the Commis19 sion joint resolution. A motion to reconsider the vote 

20 on passage of the Commission joint resolution shall 

21 not be in order. 

22 (5) VOTE ON PASSAGE.—The vote on passage 

23 of the Commission joint resolution shall occur not 

24 later than 3 legislative days after the date on which 

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1 mission joint resolution reports it to the House of 

2 Representatives or is discharged. 

3 (c) EXPEDITED PROCEDURE IN THE SENATE.— 

4 (1) INTRODUCTION IN THE SENATE.—A Com5 mission joint resolution may be introduced in the 

6 Senate (by request)— 

7 (A) by the majority leader of the Senate, 

8 or by a Member of the Senate designated by the 

9 majority leader of the Senate, on the next legis10 lative day after the date on which the President 

11 submits the proposed joint resolution under sec12 tion 3(a); or 

13 (B) if the Commission joint resolution is 

14 not introduced under subparagraph (A), by any 

15 Member of the Senate on any day on which the 

16 Senate is in session beginning on the day after 

17 the day described in subparagraph (A). 

18 (2) COMMITTEE CONSIDERATION.—A Commis19 sion joint resolution introduced in the Senate under 

20 paragraph (1) shall be jointly referred to the com21 mittee or committees of jurisdiction, which commit22 tees shall report the Commission joint resolution 

23 without any revision and with a favorable rec24 ommendation, an unfavorable recommendation, or 

25 without recommendation, not later than 10 session 


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1 days after the date on which the Commission joint 

2 resolution was so referred. If any committee to 

3 which a Commission joint resolution is referred fails 

4 to report the Commission joint resolution within that 

5 period, that committee shall be automatically dis6 charged from consideration of the Commission joint 

7 resolution, and the Commission joint resolution shall 

8 be placed on the appropriate calendar. 

9 (3) PROCEEDING.—Notwithstanding rule XXII 

10 of the Standing Rules of the Senate, it is in order, 

11 not later than 2 days of session after the date on 

12 which a Commission joint resolution is reported or 

13 discharged from all committees to which the Com14 mission joint resolution was referred, for the major15 ity leader of the Senate or the designee of the major16 ity leader to move to proceed to the consideration of 

17 the Commission joint resolution. It shall also be in 

18 order for any Member of the Senate to move to pro19 ceed to the consideration of the Commission joint 

20 resolution at any time after the conclusion of such 

21 2-day period. A motion to proceed is in order even 

22 though a previous motion to the same effect has 

23 been disagreed to. All points of order against the 

24 motion to proceed to the Commission joint resolution 

25 are waived. The motion to proceed is not debatable. 


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1 The motion is not subject to a motion to postpone. 

2 A motion to reconsider the vote by which the motion 

3 is agreed to or disagreed to shall not be in order. If 

4 a motion to proceed to the consideration of the Com5 mission joint resolution is agreed to, the Commission 

6 joint resolution shall remain the unfinished business 

7 until disposed of. All points of order against a Com8 mission joint resolution and against consideration of 

9 the Commission joint resolution are waived. 

10 (4) NO AMENDMENTS.—An amendment to a 

11 Commission joint resolution, or a motion to post12 pone, or a motion to proceed to the consideration of 

13 other business, or a motion to recommit the Com14 mission joint resolution, is not in order. 

15 (5) RULINGS OF THE CHAIR ON PROCEDURE.— 

16 Appeals from the decisions of the Chair relating to 

17 the application of the rules of the Senate, as the 

18 case may be, to the procedure relating to a Commis19 sion joint resolution shall be decided without debate. 

20 (d) AMENDMENT.—A Commission joint resolution 

21 shall not be subject to amendment in either the Senate 

22 or the House of Representatives. 

23 (e) CONSIDERATION BY THE OTHER HOUSE.— 

24 (1) IN GENERAL.—If, before passing a Commis25 sion joint resolution, a House receives from the 


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1 other House a Commission joint resolution of the 

2 other House— 

3 (A) the Commission joint resolution of the 

4 other House shall not be referred to a com5 mittee; and 

6 (B) the procedure in the receiving House 

7 shall be the same as if no Commission joint res8 olution had been received from the other House 

9 until the vote on passage, when the Commission 

10 joint resolution received from the other House 

11 shall supplant the Commission joint resolution 

12 of the receiving House. 

13 (2) REVENUE MEASURES.—This subsection 

14 shall not apply to the House of Representatives if a 

15 Commission joint resolution received from the Sen16 ate is a revenue measure. 

17 (f) RULES TO COORDINATE ACTION WITH OTHER

18 HOUSE.— 

19 (1) TREATMENT OF COMMISSION JOINT RESO20 LUTION OF OTHER HOUSE.—If a Commission joint 

21 resolution is not introduced in the Senate or the 

22 Senate fails to consider a Commission joint resolu23 tion under this section, the Commission joint resolu24 tion of the House of Representatives shall be entitled 

25 to expedited floor procedures under this section. 


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1 (2) TREATMENT OF COMPANION MEASURES IN

2 THE SENATE.—If, following passage of a Commis3 sion joint resolution in the Senate, the Senate then 

4 receives from the House of Representatives a Com5 mission joint resolution, the House-passed Commis6 sion joint resolution shall not be debatable. The vote 

7 on passage of the Commission joint resolution in the 

8 Senate shall be considered to be the vote on passage 

9 of the Commission joint resolution received from the 

10 House of Representatives. 

11 (3) VETOES.—If the President vetoes a Com12 mission joint resolution, consideration of a veto mes13 sage in the Senate under this paragraph shall be 10 

14 hours equally divided between the majority and mi15 nority leaders of the Senate or the designees of the 

16 majority and minority leaders of the Senate. 

17 (g) EXERCISE OF RULEMAKING POWER.—This sec18 tion is enacted by Congress— 

19 (1) as an exercise of the rulemaking power of 

20 the Senate and House of Representatives, respec21 tively, and as such it is deemed a part of the rules 

22 of each House, respectively, but applicable only with 

23 respect to the procedure to be followed in that 

24 House in the case of a Commission joint resolution, 


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1 and it supersedes other rules only to the extent that 

2 it is inconsistent with such rules; and 

3 (2) with full recognition of the constitutional 

4 right of either House to change the rules (so far as 

5 relating to the procedure of that House) at any time, 

6 in the same manner, and to the same extent as in 

7 the case of any other rule of that House. 

Æ 


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