II 

118TH CONGRESS 

1ST SESSION S. 743 

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

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2023 

Ms. LUMMIS (for herself, Mr. ROUNDS, Mr. CRAMER, and Mr. BRAUN) introduced the following bill; which was read twice and referred to the Committee on the Budget 

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 2023’’. 

6 SEC. 2. ESTABLISHMENT OF COMMISSION. 

7 (a) DEFINITIONS.—In this section: 

8 (1) COMMISSION.—The term ‘‘Commission’’ 

9 means the National Commission on Fiscal Responsi10 bility and Reform established under subsection (b). 


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1 (2) FEDERAL AGENCY.—The term ‘‘Federal 

2 agency’’ means an establishment in the executive, 

3 legislative, or judicial branch of the Federal Govern4 ment. 

5 (b) ESTABLISHMENT.—Not later than 30 days after 

6 the date of the enactment of this Act, there shall be estab7 lished within the legislative branch a commission to be 

8 known as the National Commission on Fiscal Responsi9 bility and Reform. 

10 (c) MEMBERSHIP.— 

11 (1) COMPOSITION OF COMMISSION.—The Com12 mission shall be composed of 18 members, of 

13 whom— 

14 (A) 6 shall be appointed by the President, 

15 of whom not more than 3 shall be from the 

16 same political party; 

17 (B) 3 shall be appointed by the majority 

18 leader of the Senate, from among current Mem19 bers of the Senate; 

20 (C) 3 shall be appointed by the Speaker of 

21 the House of Representatives, from among cur22 rent Members of the House of Representatives; 

23 (D) 3 shall be appointed by the minority 

24 leader of the Senate, from among current Mem25 bers of the Senate; and 


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1 (E) 3 shall be appointed by the minority 

2 leader of the House of Representatives, from 

3 among current Members of the House of Rep4 resentatives. 

5 (2) INITIAL APPOINTMENTS.—Not later than 

6 60 days after the date on which the Commission is 

7 established, initial appointments to the Commission 

8 shall be made. 

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

10 shall be filled in the same manner as the initial ap11 pointment. 

12 (d) CO-CHAIRPERSONS.—From among the members 

13 appointed under subsection (c), the President shall des14 ignate 2 members, who shall not be of the same political 

15 party, to serve as co-chairpersons of the Commission. 

16 (e) QUALIFICATIONS.—Members appointed to the 

17 Commission shall have significant depth of experience and 

18 responsibilities in matters relating to— 

19 (1) government service; 

20 (2) fiscal policy; 

21 (3) economics; 

22 (4) Federal agency management or private sec23 tor management; 

24 (5) public administration; and 

25 (6) law. 


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1 (f) DUTIES.— 

2 (1) IN GENERAL.—The Commission shall iden3 tify policies to— 

4 (A) improve the fiscal situation of the Fed5 eral Government in the medium term; and 

6 (B) achieve fiscal sustainability of the Fed7 eral Government in the long term. 

8 (2) REQUIREMENTS.—In carrying out para9 graph (1), the Commission shall— 

10 (A) propose recommendations designed to 

11 balance the budget of the Federal Government, 

12 excluding interest payments on the public debt, 

13 by the date that is 10 years after the date on 

14 which the Commission is established, in order 

15 to stabilize the ratio of the public debt to the 

16 gross domestic product of the United States at 

17 an acceptable level; and 

18 (B) propose recommendations that mean19 ingfully improve the long-term fiscal outlook of 

20 the Federal Government, including changes to 

21 address the growth of entitlement spending and 

22 the gap between the projected revenues and ex23 penditures of the Federal Government. 

24 (g) REPORTS AND PROPOSED JOINT RESOLUTION.— 

25 (1) IN GENERAL.— 


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1 (A) FINAL REPORT.—Not later than 1 

2 year after the date on which all members of the 

3 Commission are appointed under subsection (c), 

4 the Commission shall vote on the approval of a 

5 final report, which shall contain— 

6 (i) the recommendations required 

7 under subsection (f)(2); and 

8 (ii) a proposed joint resolution imple9 menting the recommendations described in 

10 clause (i). 

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

12 the date on which all members of the Commis13 sion are appointed and prior to voting on the 

14 approval of a final report under subparagraph 

15 (A), the Commission may vote on the approval 

16 of an interim report containing such rec17 ommendations described in subsection (f)(2) as 

18 the Commission may provide. 

19 (2) APPROVAL OF REPORT.—The Commission 

20 may only issue a report under this subsection if— 

21 (A) not less than 12 members of the Com22 mission approve the report; and 

23 (B) of the members approving the report 

24 under subparagraph (A), not less than 4 are 

25 members of the same political party to which 


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1 the Speaker of the House of Representatives 

2 belongs and not less than 4 are members of the 

3 same political party to which the minority lead4 er of the House of Representatives belongs. 

5 (3) SUBMISSION OF REPORT.—With respect to 

6 each report approved under this subsection, the 

7 Commission shall— 

8 (A) submit to Congress the report; and 

9 (B) make the report available to the pub10 lic. 

11 (4) PREPARATION OF JOINT RESOLUTION.— 

12 (A) IN GENERAL.—In drafting the pro13 posed joint resolution described in paragraph 

14 (1)(A)(ii), the Commission— 

15 (i) may use the services of the offices 

16 of the Legislative Counsel of the Senate 

17 and House of Representatives; and 

18 (ii) shall consult with the Comptroller 

19 General of the United States and the Di20 rector of the Congressional Budget Office. 

21 (B) CONSULTATION WITH COMMITTEES.— 

22 In drafting the proposed joint resolution de23 scribed in paragraph (1)(A)(ii), the co-chair24 persons of the Commission, with respect to the 


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1 contents of the proposed joint resolution, shall 

2 consult with— 

3 (i) the chairperson and ranking mem4 ber of each relevant committee of the Sen5 ate and the House of Representatives; 

6 (ii) the majority and minority leader 

7 of the Senate; and 

8 (iii) the Speaker and minority leader 

9 of the House of Representatives. 

10 (C) REQUIREMENTS FOR CONSULTA11 TION.—The consultation required under sub12 paragraph (B) shall provide the opportunity for 

13 each individual described in subparagraph (B) 

14 to provide— 

15 (i) recommendations for alternative 

16 means of addressing the recommendations 

17 described in paragraph (1)(A)(i); and 

18 (ii) recommendations regarding which 

19 recommendations described in paragraph 

20 (1)(A)(i) should not be addressed in the 

21 proposed joint resolution. 

22 (D) RELEVANT COMMITTEES.—For the 

23 purpose of this paragraph, the relevant commit24 tees of the Senate and the House of Represent25 atives shall be— 


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1 (i) the Committee on Finance of the 

2 Senate; 

3 (ii) the Committee on Ways and 

4 Means of the House of Representatives; 

5 (iii) the Committee on Health, Edu6 cation, Labor, and Pensions of the Senate; 

7 and 

8 (iv) the Committee on Energy and 

9 Commerce of the House of Representa10 tives. 

11 (h) POWERS OF THE COMMISSION.— 

12 (1) HEARINGS.—The Commission may hold 

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

14 take such testimony, and receive such evidence as 

15 the Commission considers advisable to carry out the 

16 duties of the Commission described in subsection (f). 

17 (2) INFORMATION FROM FEDERAL AGENCIES.— 

18 (A) IN GENERAL.—The Commission may 

19 secure directly from any Federal agency such 

20 information as the Commission considers nec21 essary to carry out the duties of the Commis22 sion described in subsection (f). 

23 (B) PROVISION OF INFORMATION.—Upon 

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1 vide information described in subparagraph (A) 

2 to the Commission. 

3 (3) POSTAL SERVICES.—The Commission may 

4 use the United States mail in the same manner and 

5 under the same conditions as departments and agen6 cies of the Federal Government. 

7 (4) WEBSITE.— 

8 (A) CONTENTS.—The Commission shall es9 tablish a website containing— 

10 (i) the recommendations required 

11 under subsection (f)(2); and 

12 (ii) the records of attendance of the 

13 members of the Commission for each meet14 ing of the Commission. 

15 (B) DATE OF PUBLICATION.—Not later 

16 than 72 hours after the conclusion of a meeting 

17 of the Commission, the Commission shall pub18 lish a recommendation or record of attendance 

19 described under subparagraph (A) that is made 

20 or taken at the meeting on the website estab21 lished under such subparagraph. 

22 (i) ASSISTANCE OF OTHER LEGISLATIVE BRANCH

23 ENTITIES.—As the Commission conducts the work of the 

24 Commission— 


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1 (1) the Comptroller General of the United 

2 States shall provide technical assistance to the Com3 mission on findings and recommendations of the 

4 Government Accountability Office; 

5 (2) the Director of the Congressional Budget 

6 Office shall provide technical assistance to the Com7 mission on findings and recommendations of the 

8 Congressional Budget Office; and 

9 (3) the chair of the Joint Committee on Tax10 ation shall provide technical assistance to the Com11 mission on findings and recommendations of the 

12 Joint Committee on Taxation. 

13 (j) PERSONNEL MATTERS.— 

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

15 shall serve without compensation. 

16 (2) TRAVEL EXPENSES.—Members of the Com17 mission shall be allowed travel expenses, including 

18 per diem in lieu of subsistence, at rates authorized 

19 for employees of agencies under subchapter I of 

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

21 away from the homes or regular places of business 

22 of the members in the performance of services for 

23 the Commission. 

24 (3) STAFF.— 

25 (A) IN GENERAL.— 


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1 (i) APPOINTMENT.—The co-chair2 persons of the Commission may, without 

3 regard to civil service laws and regulations, 

4 appoint and terminate an executive direc5 tor and such other additional personnel as 

6 may be necessary to enable the Commis7 sion to perform the duties of the Commis8 sion. 

9 (ii) APPROVAL.—The appointment of 

10 an executive director under clause (i) shall 

11 be subject to confirmation by the Commis12 sion. 

13 (B) COMPENSATION.— 

14 (i) IN GENERAL.—The co-chair15 persons of the Commission may fix the 

16 compensation of the executive director and 

17 other personnel of the Commission without 

18 regard to the provisions of chapter 51 and 

19 subchapter III of chapter 53 of title 5, 

20 United States Code, relating to the classi21 fication of positions and General Schedule 

22 pay rates. 

23 (ii) PAY RATE.—The rate of pay for 

24 the executive director and other personnel 

25 of the Commission may not exceed the rate 


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1 payable for level V of the Executive Sched2 ule under section 5613 of title 5, United 

3 States Code. 

4 (4) DETAIL OF GOVERNMENT EMPLOYEES.— 

5 Any employee of the Federal Government may be 

6 detailed to the Commission— 

7 (A) without reimbursement; and 

8 (B) without interruption or loss of civil 

9 service status or privilege. 

10 (5) PROCUREMENT OF TEMPORARY AND INTER11 MITTENT SERVICES.—The co-chairpersons of the 

12 Commission may procure temporary and intermit13 tent services under section 3109(b) of title 5, United 

14 States Code, at rates for individuals that do not ex15 ceed the daily equivalent of the annual rate of basic 

16 pay prescribed for level V of the Executive Schedule 

17 under section 5316 of such title. 

18 (k) TERMINATION OF THE COMMISSION.—The Com19 mission shall terminate on the date that is 30 days after 

20 the date on which the Commission submits the final report 

21 of the Commission under subsection (g)(1)(A). 

22 (l) RULES OF CONSTRUCTION.—Nothing in this Act 

23 shall be construed to— 

24 (1) impair or otherwise affect— 


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1 (A) authority granted by law to a Federal 

2 agency or a head thereof; or 

3 (B) functions of the Director of the Office 

4 of Management and Budget relating to budg5 etary, administrative, or legislative proposals; or 

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

7 procedural, enforceable at law or in equity, by any 

8 party against the United States, the departments, 

9 agencies, entities, officers, employees, or agents of 

10 the United States, or any other person. 

11 (m) AUTHORIZATION OF APPROPRIATIONS.— 

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

13 appropriated to the Commission such sums as may 

14 be necessary to carry out this Act. 

15 (2) AVAILABILITY.—Any sums appropriated 

16 under paragraph (1) shall remain available, without 

17 fiscal year limitation, until expended. 

18 (n) INAPPLICABILITY OF FEDERAL ADVISORY COM19 MITTEE ACT.—Chapter 10 of title 5, United States Code, 

20 shall not apply to the Commission. 

21 SEC. 3. SPECIAL MESSAGE OF THE PRESIDENT. 

22 (a) DEFINITIONS.—In this section: 

23 (1) COMMISSION REPORT.—The term ‘‘Commis24 sion report’’ means the final report of the National 


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1 Commission on Fiscal Responsibility and Reform de2 scribed in section 2(g)(1)(A). 

3 (2) SPECIAL MESSAGE.—The term ‘‘special 

4 message’’ means the special message on the Com5 mission report required under subsection (b)(1). 

6 (b) SUBMISSION OF SPECIAL MESSAGE.— 

7 (1) IN GENERAL.—Not later than 60 days after 

8 the date on which the Commission submits the Com9 mission report to Congress, the President shall sub10 mit to Congress a special message on the report. 

11 (2) TRANSMITTAL.—The President shall submit 

12 the special message— 

13 (A) to the Secretary of the Senate if the 

14 Senate is not in session; and 

15 (B) to the Clerk of the House of Rep16 resentatives if the House of Representatives is 

17 not in session. 

18 (c) CONTENTS OF SPECIAL MESSAGE.—The special 

19 message shall describe the reasons for the support or op20 position of the President to the proposed joint resolution 

21 contained in the Commission report. 

22 (d) PUBLIC AVAILABILITY.—The President shall— 

23 (1) make a copy of a special message publicly 

24 available, including on a website of the President; 

25 and 


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1 (2) publish in the Federal Register a notice of 

2 a special message and information on how the spe3 cial message can be obtained. 

4 SEC. 4. EXPEDITED CONSIDERATION OF PROPOSED JOINT 

5 RESOLUTION. 

6 (a) DEFINITION OF COMMISSION JOINT RESOLU7 TION.—In this section, the term ‘‘Commission joint resolu8 tion’’ means a joint resolution that consists solely of the 

9 text of the proposed joint resolution required to be in10 cluded in the final report of the Commission under section 

11 2(g)(1)(A)(ii). 

12 (b) QUALIFYING LEGISLATION.—Only a Commission 

13 joint resolution shall be entitled to expedited consideration 

14 under this section. 

15 (c) CONSIDERATION IN THE HOUSE OF REPRESENT16 ATIVES.— 

17 (1) INTRODUCTION.—A Commission joint reso18 lution may be introduced in the House of Represent19 atives (by request)— 

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

21 Representatives, or by a Member of the House 

22 of Representatives designated by the majority 

23 leader of the House of Representatives, on the 

24 next legislative day after the date on which the 


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1 Commission approves the final report of the 

2 Commission under section 2(g)(1)(A); or 

3 (B) if the Commission joint resolution is 

4 not introduced under subparagraph (A), by any 

5 Member of the House of Representatives on any 

6 legislative day beginning on the legislative day 

7 after the legislative day described in subpara8 graph (A). 

9 (2) REFERRAL AND REPORTING.—Any com10 mittee of the House of Representatives to which a 

11 Commission joint resolution is referred shall report 

12 the Commission joint resolution to the House of 

13 Representatives without amendment not later than 

14 10 legislative days after the date on which the Com15 mission joint resolution was so referred. If a com16 mittee of the House of Representatives fails to re17 port a Commission joint resolution within that pe18 riod, it shall be in order to move that the House of 

19 Representatives discharge the committee from fur20 ther consideration of the Commission joint resolu21 tion. Such a motion shall not be in order after the 

22 last committee authorized to consider the Commis23 sion joint resolution reports it to the House of Rep24 resentatives or after the House of Representatives 

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1 sion joint resolution. The previous question shall be 

2 considered as ordered on the motion to its adoption 

3 without intervening motion, except 20 minutes of de4 bate equally divided and controlled by the proponent 

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

6 House of Representatives shall proceed immediately 

7 to consider the Commission joint resolution in ac8 cordance with paragraphs (3) and (4). A motion to 

9 reconsider the vote by which the motion is disposed 

10 of shall not be in order. 

11 (3) PROCEEDING TO CONSIDERATION.—After 

12 the last committee authorized to consider a Commis13 sion joint resolution reports it to the House of Rep14 resentatives or has been discharged (other than by 

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

16 to move to proceed to consider the Commission joint 

17 resolution in the House of Representatives. Such a 

18 motion shall not be in order after the House of Rep19 resentatives has disposed of a motion to proceed 

20 with respect to the Commission joint resolution. The 

21 previous question shall be considered as ordered on 

22 the motion to its adoption without intervening mo23 tion. A motion to reconsider the vote by which the 

24 motion is disposed of shall not be in order. 


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1 (4) CONSIDERATION.—The Commission joint 

2 resolution shall be considered as read. All points of 

3 order against the Commission joint resolution and 

4 against its consideration are waived. The previous 

5 question shall be considered as ordered on the Com6 mission joint resolution to its passage without inter7 vening motion, except 2 hours of debate equally di8 vided and controlled by the proponent and an oppo9 nent and 1 motion to limit debate on the Commis10 sion joint resolution. A motion to reconsider the vote 

11 on passage of the Commission joint resolution shall 

12 not be in order. 

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

14 of the Commission joint resolution shall occur not 

15 later than 3 legislative days after the date on which 

16 the last committee authorized to consider the Com17 mission joint resolution reports it to the House of 

18 Representatives or is discharged. 

19 (d) EXPEDITED PROCEDURE IN THE SENATE.— 

20 (1) INTRODUCTION IN THE SENATE.—A Com21 mission joint resolution may be introduced in the 

22 Senate (by request)— 

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

24 or by a Member of the Senate designated by the 

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1 lative day after the date on which the President 

2 submits the proposed joint resolution under sec3 tion 3(b); or 

4 (B) if the Commission joint resolution is 

5 not introduced under subparagraph (A), by any 

6 Member of the Senate on any day on which the 

7 Senate is in session beginning on the day after 

8 the day described in subparagraph (A). 

9 (2) COMMITTEE CONSIDERATION.—A Commis10 sion joint resolution introduced in the Senate under 

11 paragraph (1) shall be jointly referred to the com12 mittee or committees of jurisdiction, which commit13 tees shall report the Commission joint resolution 

14 without any revision and with a favorable rec15 ommendation, an unfavorable recommendation, or 

16 without recommendation, not later than 10 session 

17 days after the date on which the Commission joint 

18 resolution was so referred. If any committee to 

19 which a Commission joint resolution is referred fails 

20 to report the Commission joint resolution within that 

21 period, that committee shall be automatically dis22 charged from consideration of the Commission joint 

23 resolution, and the Commission joint resolution shall 

24 be placed on the appropriate calendar. 


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1 (3) PROCEEDING.—Notwithstanding rule XXII 

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

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

4 which a Commission joint resolution is reported or 

5 discharged from all committees to which the Com6 mission joint resolution was referred, for the major7 ity leader of the Senate or the designee of the major8 ity leader to move to proceed to the consideration of 

9 the Commission joint resolution. It shall also be in 

10 order for any Member of the Senate to move to pro11 ceed to the consideration of the Commission joint 

12 resolution at any time after the conclusion of such 

13 2-day period. A motion to proceed is in order even 

14 though a previous motion to the same effect has 

15 been disagreed to. All points of order against the 

16 motion to proceed to the Commission joint resolution 

17 are waived. The motion to proceed shall not be de18 batable. The motion is not subject to a motion to 

19 postpone. A motion to reconsider the vote by which 

20 the motion is agreed to or disagreed to shall not be 

21 in order. If a motion to proceed to the consideration 

22 of the Commission joint resolution is agreed to, the 

23 Commission joint resolution shall remain the unfin24 ished business until disposed of. All points of order 

25 against a Commission joint resolution and against 


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1 consideration of the Commission joint resolution are 

2 waived. 

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

4 Commission joint resolution, a motion to postpone, 

5 a motion to proceed to the consideration of other 

6 business, or a motion to recommit the Commission 

7 joint resolution, is not in order. 

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

9 Appeals from the decisions of the Chair relating to 

10 the application of the rules of the Senate, as the 

11 case may be, to the procedure relating to a Commis12 sion joint resolution shall be decided without debate. 

13 (e) AMENDMENT.—A Commission joint resolution 

14 shall not be subject to amendment in either the Senate 

15 or the House of Representatives. 

16 (f) CONSIDERATION BY THE OTHER HOUSE.— 

17 (1) IN GENERAL.—If, before passing a Commis18 sion joint resolution, a House receives from the 

19 other House a Commission joint resolution of the 

20 other House— 

21 (A) the Commission joint resolution of the 

22 other House shall not be referred to a com23 mittee; and 

24 (B) the procedure in the receiving House 

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1 olution had been received from the other House 

2 until the vote on passage, when the Commission 

3 joint resolution received from the other House 

4 shall supplant the Commission joint resolution 

5 of the receiving House. 

6 (2) REVENUE MEASURES.—This subsection 

7 shall not apply to the House of Representatives if a 

8 Commission joint resolution received from the Sen9 ate is a revenue measure. 

10 (g) RULES TO COORDINATE ACTION WITH OTHER

11 HOUSE.— 

12 (1) TREATMENT OF COMMISSION JOINT RESO13 LUTION OF OTHER HOUSE.—If a Commission joint 

14 resolution is not introduced in the Senate or the 

15 Senate fails to consider a Commission joint resolu16 tion under this section, the Commission joint resolu17 tion of the House of Representatives shall be entitled 

18 to expedited floor procedures under this section. 

19 (2) TREATMENT OF COMPANION MEASURES IN

20 THE SENATE.—If, following passage of a Commis21 sion joint resolution in the Senate, the Senate re22 ceives from the House of Representatives a Commis23 sion joint resolution, the House-passed Commission 

24 joint resolution shall not be debatable. The vote on 

25 passage of the Commission joint resolution in the 


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1 Senate shall be considered to be the vote on passage 

2 of the Commission joint resolution received from the 

3 House of Representatives. 

4 (3) VETOES.—If the President vetoes a Com5 mission joint resolution, consideration of a veto mes6 sage in the Senate under this paragraph shall be 10 

7 hours equally divided between the majority and mi8 nority leaders of the Senate or the designees of the 

9 majority and minority leaders of the Senate. 

10 (h) EXERCISE OF RULEMAKING POWER.—This sec11 tion is enacted by Congress— 

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

13 the Senate and House of Representatives, respec14 tively, and, as such— 

15 (A) it is deemed a part of the rules of each 

16 House, respectively, but applicable only with re17 spect to the procedure to be followed in that 

18 House in the case of a Commission joint resolu19 tion; and 

20 (B) it supersedes other rules only to the 

21 extent that it is inconsistent with such rules; 

22 and 

23 (2) with full recognition of the constitutional 

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

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


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

2 the case of any other rule of that House. 

Æ 


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