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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3262 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 3262

       To establish a commission on fiscal stability and reform.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 8, 2023

   Mr. Manchin (for himself, Mr. Romney, Ms. Sinema, Mr. Young, Mr. 
Hickenlooper, Ms. Lummis, Mr. Warner, Mr. Cornyn, Mrs. Shaheen, and Mr. 
    Tillis) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL

 
       To establish a commission on fiscal stability 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 Stability 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)(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 3(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 3(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. 3. 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 the 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 (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 the 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. 4. 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 3(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 Representatives or has been discharged from its 
        consideration, it shall be in order to move to proceed to 
        consider the 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 
        3(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 3(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. 5. 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. 6. RULEMAKING.

    The provisions of section 4 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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