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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5779 Introduced in House (IH)]

<DOC>

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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