II 

111TH CONGRESS 

2D SESSION S. 2965 

To establish a Commission for Fiscal Sustainability, to assure the longterm fiscal stability and economic security of the Federal Government 

of the United States, and to create prosperity for all Americans. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 28, 2010 

Mr. ENSIGN introduced the following bill; which was read twice and referred 

to the Committee on the Budget 

A BILL 

To establish a Commission for Fiscal Sustainability, to assure the long-term fiscal stability and economic security 

of the Federal Government of the United States, and 

to create prosperity for all Americans. 

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 ‘‘Commission for Fiscal 

5 Sustainability Act of 2010’’. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•S 2965 IS

1 SEC. 2. ESTABLISHMENT OF COMMISSION. 

2 Title III of the Congressional Budget Act of 1974 

3 (2 U.S.C. 631 et seq.) is amended by adding at the end 

4 the following new section: 

5 ‘‘ESTABLISHMENT OF COMMISSION FOR FISCAL

6 SUSTAINABILITY

7 ‘‘SEC. 316. (a) DEFINITIONS.—In this section: 

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

9 means the Commission for Fiscal Sustainability es10 tablished under subsection (b)(1). 

11 ‘‘(2) COMMISSION BILL.—The term ‘Commis12 sion bill’ means a bill consisting of the proposed leg13 islative language of the Commission recommended 

14 under subsection (b)(3)(B) and introduced under 

15 subsection (e)(1). 

16 ‘‘(3) FISCAL IMBALANCE.—The term ‘fiscal im17 balance’ means the gap between the projected reve18 nues and expenditures of the Federal Government. 

19 ‘‘(b) ESTABLISHMENT OF COMMISSION.— 

20 ‘‘(1) ESTABLISHMENT.—There is established in 

21 the legislative branch a Commission to be known as 

22 the ‘Commission for Fiscal Sustainability’. 

23 ‘‘(2) PURPOSES.— 

24 ‘‘(A) REVIEW.—The Commission shall re25 view the fiscal imbalance of the Federal Govern26 ment, including— 


tjames on DSKG8SOYB1PROD with BILLS
3 

•S 2965 IS

1 ‘‘(i) analyses of projected Federal ex2 penditures; 

3 ‘‘(ii) analyses of projected Federal 

4 revenues; and 

5 ‘‘(iii) analyses of the current and 

6 long-term actuarial financial condition of 

7 the Federal Government. 

8 ‘‘(B) IDENTIFY FACTORS.—The Commis9 sion shall identify factors solely related to Fed10 eral expenditures that affect the long-term fis11 cal imbalance of the Federal Government. 

12 ‘‘(C) ANALYZE POTENTIAL COURSES OF

13 ACTION.—The Commission shall analyze poten14 tial courses of action to address the long-term 

15 fiscal imbalance solely related to reductions in 

16 Federal expenditures. 

17 ‘‘(D) PROVIDE RECOMMENDATIONS AND

18 LEGISLATIVE LANGUAGE.—The Commission 

19 shall provide recommendations and legislative 

20 language that will significantly improve the 

21 long-term fiscal imbalance of the Federal Gov22 ernment solely through reductions in Federal 

23 expenditures. The Commission shall not provide 

24 recommendation related to increasing Federal 

25 revenues through increased taxes. 


tjames on DSKG8SOYB1PROD with BILLS
4 

•S 2965 IS

1 ‘‘(3) DUTIES.— 

2 ‘‘(A) IN GENERAL.—The Commission shall 

3 address the Nation’s long-term fiscal imbal4 ances, consistent with the purposes described in 

5 paragraph (2), and shall submit the report and 

6 recommendations required under subparagraph 

7 (B). 

8 ‘‘(B) REPORT, RECOMMENDATIONS, AND

9 LEGISLATIVE LANGUAGE.— 

10 ‘‘(i) IN GENERAL.—Not later than 

11 September 1, 2010, the Commission shall 

12 vote on a report that contains— 

13 ‘‘(I) a detailed statement of the 

14 findings, conclusions, and rec15 ommendations of the Commission; 

16 ‘‘(II) the assumptions, scenarios, 

17 and alternatives considered in reach18 ing such findings, conclusions, and 

19 recommendations; and 

20 ‘‘(III) proposed legislative lan21 guage to carry out such recommenda22 tions as described in paragraph 

23 (2)(D). 

24 ‘‘(ii) APPROVAL OF REPORT.—The re25 port of the Commission submitted under 


tjames on DSKG8SOYB1PROD with BILLS
5 

•S 2965 IS

1 clause (i) shall require the approval of not 

2 fewer than 8 of the 16 members of the 

3 Commission. 

4 ‘‘(iii) ADDITIONAL VIEWS.—A member 

5 of the Commission who gives notice of an 

6 intention to file supplemental, minority, or 

7 additional views at the time of final Com8 mission approval of the report under clause 

9 (ii), shall be entitled to not less than 3 cal10 endar days in which to file such views in 

11 writing with the staff director of the Com12 mission. Such views shall then be included 

13 in the Commission report and printed in 

14 the same volume, or part thereof, and their 

15 inclusion shall be noted on the cover of the 

16 report. In the absence of timely notice, the 

17 Commission report may be printed and 

18 transmitted immediately without such 

19 views. 

20 ‘‘(iv) TRANSMISSION OF REPORT.—No 

21 later than September 15, 2010, the Com22 mission shall submit the Commission bill 

23 and final report to the President, the Vice 

24 President, the Speaker of the House, and 


tjames on DSKG8SOYB1PROD with BILLS
6 

•S 2965 IS

1 the majority and minority leaders of both 

2 Houses. 

3 ‘‘(v) REPORT TO BE MADE PUBLIC.— 

4 Upon the approval or disapproval of the 

5 Commission report pursuant to clause (ii), 

6 the Commission shall promptly make the 

7 full report, and a record of the vote, avail8 able to the public. 

9 ‘‘(4) MEMBERSHIP.— 

10 ‘‘(A) IN GENERAL.—The Commission shall 

11 be composed of 16 members designated pursu12 ant to subparagraph (B). 

13 ‘‘(B) DESIGNATION.—Members of the 

14 Commission shall be designated as follows: 

15 ‘‘(i) The majority leader of the Senate 

16 shall designate 4 members from among 

17 Members of the Senate. 

18 ‘‘(ii) The minority leader of the Sen19 ate shall designate 4 members from among 

20 Members of the Senate. 

21 ‘‘(iii) The Speaker of the House of 

22 Representatives shall designate 4 members 

23 from among Members of the House of 

24 Representatives. 


tjames on DSKG8SOYB1PROD with BILLS
7 

•S 2965 IS

1 ‘‘(iv) The minority leader of the 

2 House of Representatives shall designate 4 

3 members from among Members of the 

4 House of Representatives. 

5 ‘‘(C) CO-CHAIRS.— 

6 ‘‘(i) IN GENERAL.—There shall be 2 

7 Co-Chairs of the Commission. The major8 ity leader of the Senate, and Speaker of 

9 the House shall designate one Co-Chair 

10 among the members of the Commission. 

11 The minority leader of the Senate and mi12 nority leader of the House shall designate 

13 the second Co-Chair among the members 

14 of the Commission. The Co-Chairs shall be 

15 appointed not later than 14 days after the 

16 date of enactment of this section. 

17 ‘‘(ii) STAFF DIRECTOR.—The Co18 Chairs, acting jointly, shall hire the staff 

19 director of the Commission. 

20 ‘‘(D) DATE.—Members of the Commission 

21 shall be designated by not later than 14 days 

22 after the date of enactment of this section. 

23 ‘‘(E) PERIOD OF DESIGNATION.—Members 

24 shall be designated for the life of the Commis25 sion. Any vacancy in the Commission shall not 


tjames on DSKG8SOYB1PROD with BILLS
8 

•S 2965 IS

1 affect its powers, but shall be filled not later 

2 than 14 days after the date on which the va3 cancy occurs in the same manner as the origi4 nal designation. 

5 ‘‘(F) COMPENSATION.—Members of the 

6 Commission shall serve without any additional 

7 compensation for their work on the Commis8 sion. However, members may be allowed travel 

9 expenses, including per diem in lieu of subsist10 ence, in accordance with sections 5702 and 

11 5703 of title 5, United States Code, while away 

12 from their homes or regular places of business 

13 in performance of services for the Commission. 

14 ‘‘(5) ADMINISTRATION.— 

15 ‘‘(A) AUTHORITY TO ESTABLISH RULES

16 AND REGULATIONS.—The Co-Chairs, in con17 sultation with the other members of the Com18 mission, may establish rules and regulations for 

19 the conduct of Commission business, if such 

20 rules and regulations are not inconsistent with 

21 this section or other applicable law. 

22 ‘‘(B) QUORUM.—Ten members of the 

23 Commission shall constitute a quorum for pur24 poses of voting, meeting, and holding hearings. 

25 ‘‘(C) VOTING.— 


tjames on DSKG8SOYB1PROD with BILLS
9 

•S 2965 IS

1 ‘‘(i) PROXY VOTING.—No proxy voting 

2 shall be allowed on behalf of the members 

3 of the Commission. 

4 ‘‘(ii) REPORT, RECOMMENDATIONS

5 AND LEGISLATIVE LANGUAGE.— 

6 ‘‘(I) DATES.—The Commission 

7 may not vote on any version of the re8 port, recommendations, or legislative 

9 language before the timing provided 

10 for in paragraph (3)(B)(i). 

11 ‘‘(II) CONGRESSIONAL BUDGET

12 OFFICE AND JOINT COMMITTEE ON

13 TAXATION ESTIMATES.—The Congres14 sional Budget Office and Joint Com15 mittee on Taxation shall provide esti16 mates of the Commission report and 

17 recommendations (as described in 

18 subsection (b)(2)(D)) in accordance 

19 with section 308(a) and 201(f) of the 

20 Congressional Budget Act of 1974. 

21 The Commission may not vote on any 

22 version of the report, recommenda23 tions, or legislative language unless a 

24 final estimate is available for considerVerDate Nov 24 2008 02:00 Jan 29, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2965.IS S2965

tjames on DSKG8SOYB1PROD with BILLS
10 

•S 2965 IS

1 ation by all the members at least 72 

2 hours prior to the vote. 

3 ‘‘(D) MEETINGS.— 

4 ‘‘(i) INITIAL MEETING.—Not later 

5 than 45 days after the date of enactment 

6 of this section, the Commission shall hold 

7 its first meeting. 

8 ‘‘(ii) MEETINGS.—The Commission 

9 shall meet at the call of the Co-Chairs or 

10 at least 10 of its members. 

11 ‘‘(iii) AGENDA.—An agenda shall be 

12 provided to the Commission members at 

13 least 1 week in advance of any meeting. 

14 Commission members who want to have 

15 items placed on the agenda for consider16 ation shall notify the staff director as early 

17 as possible, but not less than 48 hours in 

18 advance of a scheduled meeting. 

19 ‘‘(iv) SUNSHINE.—The meetings of 

20 the Commission shall be open to the public 

21 and transcripts of the deliberations and a 

22 record of votes of the Commission shall be 

23 made public on a pubic website established 

24 by the Commission. 

25 ‘‘(E) HEARINGS.— 


tjames on DSKG8SOYB1PROD with BILLS
11 

•S 2965 IS

1 ‘‘(i) IN GENERAL.—Subject to sub2 paragraph (G), the Commission may, for 

3 the purpose of carrying out this section, 

4 hold such hearings, sit and act at such 

5 times and places, take such testimony, re6 ceive such evidence, and administer such 

7 oaths the Commission considers advisable. 

8 ‘‘(ii) HEARING PROCEDURES AND RE9 SPONSIBILITIES OF CO-CHAIRS.— 

10 ‘‘(I) ANNOUNCEMENT.—The 

11 Commission Co-Chairs shall make 

12 public announcement of the date, 

13 place, time, and subject matter of any 

14 hearing to be conducted at least 1 

15 week in advance of such hearing, un16 less the Co-Chairs determine that 

17 there is good cause to begin such 

18 hearing at an earlier date. 

19 ‘‘(II) WRITTEN STATEMENT.—A 

20 witness appearing before the Commis21 sion shall file a written statement of 

22 proposed testimony at least 2 days 

23 prior to appearance, unless the re24 quirement is waived by the Co-Chairs, 

25 following their determination that 


tjames on DSKG8SOYB1PROD with BILLS
12 

•S 2965 IS

1 there is good cause for failure of com2 pliance. 

3 ‘‘(F) TECHNICAL ASSISTANCE.—Upon 

4 written request of the Co-Chairs, a Federal 

5 agency shall provide technical assistance to the 

6 Commission in order for the Commission to 

7 carry out its duties. 

8 ‘‘(G) INFORMATION.— 

9 ‘‘(i) RESOURCES.— 

10 ‘‘(I) IN GENERAL.—Notwith11 standing section 1108 of title 31, 

12 United States Code, the Commission 

13 shall have authority to access assist14 ance, materials, resources, statistical 

15 data, and other information the Com16 mission determines to be necessary to 

17 carry out its duties directly from an 

18 officer or employee of any executive 

19 department, bureau, agency, board, 

20 commission, office, independent estab21 lishment, or instrumentality of the 

22 Government, including the Library of 

23 Congress, the Chief Actuary of the 

24 Social Security Administration, the 

25 Chief Actuary of the Centers for 


tjames on DSKG8SOYB1PROD with BILLS
13 

•S 2965 IS

1 Medicare & Medicaid Services, the 

2 Congressional Budget Office, the De3 partment of the Treasury, the Depart4 ment of Health and Human Services, 

5 the Office of Management and Budg6 et, the Government Accountability Of7 fice, and the Joint Committee on Tax8 ation. Each agency or instrumentality 

9 shall, to the extent permitted by law, 

10 furnish such information to the Com11 mission upon written request of the 

12 Co-Chairs. 

13 ‘‘(II) COPIES SUPPLIED.—Copies 

14 of written requests and all written or 

15 electronic responses provided under 

16 this clause shall be provided to the 

17 staff director and shall be made avail18 able for review by all members of the 

19 Commission upon request. 

20 ‘‘(ii) RECEIPT, HANDLING, STORAGE, 

21 AND DISSEMINATION OF INFORMATION.— 

22 Information shall only be received, han23 dled, stored, and disseminated by members 

24 of the Commission and its staff consistent 


tjames on DSKG8SOYB1PROD with BILLS
14 

•S 2965 IS

1 with all applicable statutes, regulations, 

2 and Executive orders. 

3 ‘‘(iii) LIMITATION OF ACCESS TO TAX

4 INFORMATION.—Information accessed 

5 under this subparagraph shall not include 

6 tax data from the United States Internal 

7 Revenue Service, the release of which 

8 would otherwise be in violation of law. 

9 ‘‘(H) POSTAL SERVICES.—The Commission 

10 may use the United States mails in the same 

11 manner and under the same conditions as other 

12 departments and agencies of the Federal Gov13 ernment. 

14 ‘‘(I) ASSISTANCE FROM FEDERAL AGEN15 CIES.— 

16 ‘‘(i) GENERAL SERVICES ADMINISTRA17 TION.—Upon the request of the Co-Chairs 

18 of the Commission, the Administrator of 

19 General Services shall provide to the Com20 mission, on a reimbursable basis, the ad21 ministrative support services necessary for 

22 the Commission to carry out its respon23 sibilities under this section. These adminis24 trative services may include human reVerDate Nov 24 2008 02:00 Jan 29, 2010 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2965.IS S2965

tjames on DSKG8SOYB1PROD with BILLS
15 

•S 2965 IS

1 sources management, budget, leasing, ac2 counting, and payroll services. 

3 ‘‘(ii) OTHER DEPARTMENTS AND

4 AGENCIES.—In addition to the assistance 

5 prescribed in clause (i), departments and 

6 agencies of the United States may provide 

7 to the Commission such services, funds, fa8 cilities, staff, and other support services as 

9 they may determine advisable and as may 

10 be authorized by law. 

11 ‘‘(J) CONTRACT AUTHORITY.—The Com12 mission is authorized to enter into contracts 

13 with Federal and State agencies, private firms, 

14 institutions, and individuals for the conduct of 

15 activity necessary to the discharge of its duties 

16 and responsibilities. A contract, lease, or other 

17 legal agreement entered into by the Commission 

18 may not extend beyond the date of the termi19 nation of the Commission. 

20 ‘‘(c) STAFF OF COMMISSION.— 

21 ‘‘(1) APPOINTMENT AND COMPENSATION OF

22 SHARED STAFF.—The Co-Chairs may appoint and 

23 fix the compensation of a staff director and such 

24 other personnel as may be necessary to enable the 

25 Commission to carry out its functions, without reVerDate Nov 24 2008 02:00 Jan 29, 2010 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S2965.IS S2965

tjames on DSKG8SOYB1PROD with BILLS
16 

•S 2965 IS

1 gard to the provisions of title 5, United States Code, 

2 governing appointments in the competitive service, 

3 but at rates not to exceed the daily rate paid a per4 son occupying a position at level III of the Executive 

5 Schedule under section 5314 of title 5, United 

6 States Code. 

7 ‘‘(2) ADDITIONAL STAFF FOR COMMISSION

8 MEMBERS.—Each member of the Commission may 

9 appoint up to 2 additional dedicated staff and fix 

10 the compensation of such dedicated personnel with11 out regard to the provisions of title 5, United States 

12 Code, governing appointments in the competitive 

13 service, but at rates not to exceed the daily rate paid 

14 a person occupying a position at level III of the Ex15 ecutive Schedule under section 5314 of title 5, 

16 United States Code. Dedicated staff shall report to 

17 each appointing member. 

18 ‘‘(3) PERSONNEL AS FEDERAL EMPLOYEES.— 

19 ‘‘(A) IN GENERAL.—The staff director and 

20 any personnel of the Commission who are em21 ployees shall be employees under section 2105 

22 of title 5, United States Code, for purposes of 

23 chapters 63, 81, 83, 84, 85, 87, 89, and 90 of 

24 that title. 


tjames on DSKG8SOYB1PROD with BILLS
17 

•S 2965 IS

1 ‘‘(B) MEMBERS OF COMMISSION.—Sub2 paragraph (A) shall not be construed to apply 

3 to members of the Commission. 

4 ‘‘(4) OUTSIDE CONSULTANTS.—No outside con5 sultants or other personnel, either by contract, de6 tail, volunteer, or through a remunerative agree7 ment, may be hired without the approval of the Co8 Chairs. 

9 ‘‘(5) DETAILEES.—With the approval of the 

10 Co-Chairs any Federal Government employee may be 

11 detailed to the Commission with or without reim12 bursement from the Commission, and such detailee 

13 shall retain the rights, status, and privileges of his 

14 or her regular employment without interruption. Re15 imbursable amounts may include the fair value of 

16 equipment and supplies used by the detailee in sup17 port of the Commission’s activities. For the purpose 

18 of this paragraph, Federal Government employees 

19 shall include employees of the legislative branch. 

20 ‘‘(6) CONSULTANT SERVICES.—The Co-Chairs 

21 of the Commission are authorized to procure the 

22 services of experts and consultants in accordance 

23 with section 3109 of title 5, United States Code, but 

24 at rates not to exceed the daily rate paid a person 

25 occupying a position at level III of the Executive 


tjames on DSKG8SOYB1PROD with BILLS
18 

•S 2965 IS

1 Schedule under section 5316 of title 5, United 

2 States Code. 

3 ‘‘(7) TEMPORARY AND INTERMITTENT SERV4 ICES.—The Co-Chairs of the Commission may pro5 cure temporary and intermittent services under sec6 tion 3109(b) of title 5, United States Code, at rates 

7 for individuals which do not exceed the daily equiva8 lent of the annual rate of basic pay prescribed for 

9 level III of the Executive Schedule under section 

10 5316 of such title. 

11 ‘‘(8) VOLUNTEER SERVICES.— 

12 ‘‘(A) IN GENERAL.—Notwithstanding the 

13 provisions of section 1342 of title 31, United 

14 States Code, the Co-Chairs of the Commission 

15 are authorized to accept and utilize the services 

16 of volunteers serving without compensation. 

17 The Commission may reimburse such volunteers 

18 for local travel and office supplies, and for 

19 other travel expenses, including per diem in lieu 

20 of substance, as authorized by section 5703 of 

21 title 5, United States Code. 

22 ‘‘(B) EMPLOYEE STATUS.—A person pro23 viding volunteer services to the Commission 

24 shall be considered an employee of the Federal 

25 Government in the performance of those servVerDate Nov 24 2008 02:00 Jan 29, 2010 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S2965.IS S2965

tjames on DSKG8SOYB1PROD with BILLS
19 

•S 2965 IS

1 ices for the purposes of Chapter 81 of title 5, 

2 United States Code, relating to compensation 

3 for work-related injuries, chapter 171 of title 

4 28, United States Code, relating to tort claims 

5 and chapter 11 of title 18, United States Code, 

6 relating to conflicts of interests. 

7 ‘‘(C) ETHICAL GUIDELINES FOR STAFF.— 

8 In the absence of statutorily defined coverage, 

9 the staff, including staff director, shall follow 

10 the ethical rules and guidelines of the Senate. 

11 Staff coming from the private sector or outside 

12 public government may petition the Co-Chairs 

13 for a waiver from provisions of Senate Ethics 

14 rules. 

15 ‘‘(9) ADVISORY PANEL.—The Commission may 

16 establish an advisory panel consisting of volunteers 

17 with knowledge and expertise relevant to the 

18 Commission‘s purpose. Membership of the Advisory 

19 Panel, and the scope of the Panel’s activities, shall 

20 be decided by the Co-Chairs in consultation with the 

21 other members of the Commission. 

22 ‘‘(d) TERMINATION.— 

23 ‘‘(1) IN GENERAL.—The Commission shall ter24 minate on the date that is 90 days after the ComVerDate Nov 24 2008 02:00 Jan 29, 2010 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S2965.IS S2965

tjames on DSKG8SOYB1PROD with BILLS
20 

•S 2965 IS

1 mission submits the report required under sub2 section (b)(3)(B). 

3 ‘‘(2) CONCLUDING ACTIVITIES.—The Commis4 sion may use the 90-day period referred to in para5 graph (1) for the purpose of concluding its activities, 

6 including providing testimony to committees of Con7 gress concerning its report and disseminating the 

8 final report. 

9 ‘‘(e) EXPEDITED CONSIDERATION OF COMMISSION

10 RECOMMENDATIONS.— 

11 ‘‘(1) INTRODUCTION.— 

12 ‘‘(A) RECONVENING.— 

13 ‘‘(i) IN THE HOUSE OF REPRESENTA14 TIVES.—Upon receipt of a report under 

15 subsection (b)(3)(B), the Speaker, if the 

16 House would otherwise be adjourned, shall 

17 notify the Members of the House that, 

18 pursuant to this section, the House shall 

19 convene not later than October 1, 2010. 

20 ‘‘(ii) IN THE SENATE.— 

21 ‘‘(I) CONVENING.—Upon receipt 

22 of a report under subsection 

23 (b)(3)(B), if the Senate has adjourned 

24 or recessed for more than 2 days, the 

25 majority leader of the Senate, after 


tjames on DSKG8SOYB1PROD with BILLS
21 

•S 2965 IS

1 consultation with the minority leader 

2 of the Senate, shall notify the Mem3 bers of the Senate that, pursuant to 

4 this section, the Senate shall convene 

5 not later than October 1, 2010. 

6 ‘‘(II) ADJOURNING.—No concur7 rent resolution adjourning the Senate 

8 for more than 3 days shall be in order 

9 until the Senate votes on passage of 

10 the Commission bill under paragraph 

11 (2)(B)(iv). 

12 ‘‘(B) INTRODUCTION OF COMMISSION

13 BILL.—The proposed legislative language con14 tained in the report submitted pursuant to sub15 section (b)(3)(B), upon receipt by the Congress, 

16 shall be introduced not later than October 15, 

17 2010, in the Senate and in the House of Rep18 resentatives by the majority leader of each 

19 House of Congress, for himself, the minority 

20 leader of each House of Congress, for himself, 

21 or any member of the House designated by the 

22 majority leader or minority leader. If the Com23 mission bill is not introduced in accordance 

24 with the preceding sentence in either House of 

25 Congress, then any Member of that House may 


tjames on DSKG8SOYB1PROD with BILLS
22 

•S 2965 IS

1 introduce the Commission bill on any day there2 after. Upon introduction, the Commission bill 

3 shall be referred to the appropriate committees 

4 under subparagraph (C). 

5 ‘‘(C) COMMITTEE CONSIDERATION.—A 

6 Commission bill introduced in either House of 

7 Congress shall be jointly referred to the com8 mittee or committees of jurisdiction and the 

9 Committee on the Budget of that House, which 

10 committees shall report the bill without any re11 vision and with a favorable recommendation, an 

12 unfavorable recommendation, or without rec13 ommendation, not later than 7 calendar days 

14 after the date of introduction of the bill in that 

15 House, or the first day thereafter on which that 

16 House is in session. If any committee fails to 

17 report the bill within that period, that com18 mittee shall be automatically discharged from 

19 consideration of the bill, and the bill shall be 

20 placed on the appropriate calendar. 

21 ‘‘(2) EXPEDITED PROCEDURES.— 

22 ‘‘(A) FAST TRACK CONSIDERATION IN

23 HOUSE OF REPRESENTATIVES.— 

24 ‘‘(i) PROCEEDING TO CONSIDER25 ATION.—It shall be in order, not later than 


tjames on DSKG8SOYB1PROD with BILLS
23 

•S 2965 IS

1 2 days of session after the date on which 

2 a Commission bill is reported or discharged 

3 from all committees to which it was re4 ferred, for the majority leader of the 

5 House of Representatives or the majority 

6 leader’s designee, to move to proceed to 

7 the consideration of the Commission bill. It 

8 shall also be in order for any Member of 

9 the House of Representatives to move to 

10 proceed to the consideration of the Com11 mission bill at any time after the conclu12 sion of such 2-day period. All points of 

13 order against the motion are waived. Such 

14 a motion shall not be in order after the 

15 House has disposed of a motion to proceed 

16 on the Commission bill. The previous ques17 tion shall be considered as ordered on the 

18 motion to its adoption without intervening 

19 motion. The motion shall not be debatable. 

20 A motion to reconsider the vote by which 

21 the motion is disposed of shall not be in 

22 order. 

23 ‘‘(ii) CONSIDERATION.—The Commis24 sion bill shall be considered as read. All 

25 points of order against the Commission bill 


tjames on DSKG8SOYB1PROD with BILLS
24 

•S 2965 IS

1 and against its consideration are waived. 

2 The previous question shall be considered 

3 as ordered on the Commission bill to its 

4 passage without intervening motion except 

5 100 hours of debate equally divided and 

6 controlled by the proponent and an oppo7 nent, and any motion to limit debate. A 

8 motion to reconsider the vote on passage of 

9 the Commission bill shall not be in order. 

10 ‘‘(iii) APPEALS.—Appeals from deci11 sions of the chair relating to the applica12 tion of the Rules of the House of Rep13 resentatives to the procedure relating to a 

14 Commission bill shall be decided without 

15 debate. 

16 ‘‘(iv) APPLICATION OF HOUSE

17 RULES.—Except to the extent specifically 

18 provided in paragraph (2)(A), consider19 ation of a Commission bill shall be gov20 erned by the Rules of the House of Rep21 resentatives. It shall not be in order in the 

22 House of Representatives to consider any 

23 Commission bill introduced pursuant to the 

24 provisions of this subsection under a sus25 pension of the rules pursuant to Clause 1 


tjames on DSKG8SOYB1PROD with BILLS
25 

•S 2965 IS

1 of House Rule XV, or under a special rule 

2 reported by the House Committee on 

3 Rules. 

4 ‘‘(v) NO AMENDMENTS.—No amend5 ment to the Commission bill shall be in 

6 order in the House of Representatives. 

7 ‘‘(vi) VOTE ON PASSAGE.—Imme8 diately following the conclusion of consider9 ation of the Commission bill, the vote on 

10 passage of the Commission bill shall occur 

11 without any intervening action or motion. 

12 If the Commission bill is passed, the Clerk 

13 of the House of Representatives shall cause 

14 the bill to be transmitted to the Senate be15 fore the close of the next day of session of 

16 the House. The vote on passage shall occur 

17 not later than November 1, 2010. 

18 ‘‘(B) FAST TRACK CONSIDERATION IN SEN19 ATE.— 

20 ‘‘(i) IN GENERAL.—Notwithstanding 

21 Rule XXII of the Standing Rules of the 

22 Senate, it is in order, not later than 2 days 

23 of session after the date on which a Com24 mission bill is reported or discharged from 

25 all committees to which it was referred, for 


tjames on DSKG8SOYB1PROD with BILLS
26 

•S 2965 IS

1 the majority leader of the Senate or the 

2 majority leader’s designee to move to pro3 ceed to the consideration of the Commis4 sion bill. It shall also be in order for any 

5 Member of the Senate to move to proceed 

6 to the consideration of the Commission bill 

7 at any time after the conclusion of such 2- 

8 day period. A motion to proceed is in order 

9 even though a previous motion to the same 

10 effect has been disagreed to. All points of 

11 order against the motion to proceed to the 

12 Commission bill are waived. The motion to 

13 proceed is not debatable. The motion is not 

14 subject to a motion to postpone. A motion 

15 to reconsider the vote by which the motion 

16 is agreed to or disagreed to shall not be in 

17 order. If a motion to proceed to the consid18 eration of the Commission bill is agreed to, 

19 the Commission bill shall remain the unfin20 ished business until disposed of. 

21 ‘‘(ii) DEBATE.—All points of order 

22 against the Commission bill and against 

23 consideration of the Commission bill are 

24 waived. Consideration of the Commission 

25 bill and of all debatable motions and apVerDate Nov 24 2008 02:00 Jan 29, 2010 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S2965.IS S2965

tjames on DSKG8SOYB1PROD with BILLS
27 

•S 2965 IS

1 peals in connection therewith shall not ex2 ceed a total of 100 hours. Debate shall be 

3 divided equally between the majority and 

4 minority leaders or their designees. A mo5 tion further to limit debate on the Com6 mission bill is in order and is not debat7 able. Any debatable motion or appeal is de8 batable for not to exceed 1 hour, to be di9 vided equally between those favoring and 

10 those opposing the motion or appeal. All 

11 time used for consideration of the Commis12 sion bill, including time used for quorum 

13 calls and voting, shall be counted against 

14 the total 100 hours of consideration. 

15 ‘‘(iii) NO AMENDMENTS.—An amend16 ment to the Commission bill, or a motion 

17 to postpone, or a motion to proceed to the 

18 consideration of other business, or a mo19 tion to recommit the Commission bill, is 

20 not in order. 

21 ‘‘(iv) VOTE ON PASSAGE.—The vote 

22 on passage shall occur immediately fol23 lowing the conclusion of the debate on a 

24 Commission bill, and a single quorum call 

25 at the conclusion of the debate if reVerDate Nov 24 2008 02:00 Jan 29, 2010 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S2965.IS S2965

tjames on DSKG8SOYB1PROD with BILLS
28 

•S 2965 IS

1 quested. The vote on passage shall occur 

2 not later than November 1, 2010. 

3 ‘‘(v) ADJOURNMENT.—If, by Novem4 ber 1, 2010, either House has failed to 

5 adopt a motion to proceed to the Commis6 sion bill, paragraph (1)(A)(ii)(II) shall not 

7 apply. 

8 ‘‘(vi) RULINGS OF THE CHAIR ON

9 PROCEDURE.—Appeals from the decisions 

10 of the Chair relating to the application of 

11 the rules of the Senate, as the case may 

12 be, to the procedure relating to a Commis13 sion bill shall be decided without debate. 

14 ‘‘(C) RULES TO COORDINATE ACTION WITH

15 OTHER HOUSE.— 

16 ‘‘(i) REFERRAL.—If, before the pas17 sage by 1 House of a Commission bill of 

18 that House, that House receives from the 

19 other House a Commission bill, then the 

20 Commission bill of the other House shall 

21 not be referred to a committee and shall 

22 immediately be placed on the calendar. 

23 ‘‘(ii) PROCEDURE.—If the Senate re24 ceives the Commission bill passed by the 

25 House of Representatives before the SenVerDate Nov 24 2008 02:00 Jan 29, 2010 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2965.IS S2965

tjames on DSKG8SOYB1PROD with BILLS
29 

•S 2965 IS

1 ate has voted on passage of the Commis2 sion bill— 

3 ‘‘(I) the procedure in the Senate 

4 shall be the same as if no Commission 

5 bill had been received from House of 

6 Representatives; and 

7 ‘‘(II) the vote on passage in the 

8 Senate shall be on the Commission 

9 bill of the House of Representatives. 

10 ‘‘(iii) TREATMENT OF COMMISSION

11 BILL OF OTHER HOUSE.—If 1 House fails 

12 to introduce or consider a Commission bill 

13 under this section, the Commission bill of 

14 the other House shall be entitled to expe15 dited floor procedures under this section. 

16 ‘‘(iv) TREATMENT OF COMPANION

17 MEASURES IN THE SENATE.—If following 

18 passage of the Commission bill in the Sen19 ate, the Senate then receives the Commis20 sion bill from the House of Representa21 tives, the House-passed Commission bill 

22 shall not be debatable. The vote on passage 

23 of the Commission bill in the Senate shall 

24 be considered to be the vote on passage of 


tjames on DSKG8SOYB1PROD with BILLS
30 

•S 2965 IS

1 the Commission bill received from the 

2 House of Representatives. 

3 ‘‘(v) VETOES.—If the President vetoes 

4 the Commission bill, debate on a veto mes5 sage in the Senate under this section shall 

6 be 1 hour equally divided between the ma7 jority and minority leaders or their des8 ignees. 

9 ‘‘(3) SUSPENSION.—No motion to suspend the 

10 application of this subsection shall be in order in the 

11 Senate or in the House of Representatives.’’. 

12 SEC. 3. FUNDING. 

13 From the amounts appropriated or made available 

14 and remaining unobligated under division A (other than 

15 under title X of division A) of the American Recovery and 

16 Reinvestment Act of 2009 (Public Law 111–5), there is 

17 rescinded pro rata an aggregate amount equal to 

18 $9,000,000, which amount shall be made available without 

19 need for further appropriation to the Commission for Fis20 cal Sustainability to carry out the purposes of the Com21 mission for Fiscal Sustainability, and which shall remain 

22 available through fiscal year 2011. Not later than 14 days 

23 after the date of enactment of this section, the Director 

24 of the Office of Management and Budget shall administer 


tjames on DSKG8SOYB1PROD with BILLS
31 

•S 2965 IS

1 the rescission and make available such amount to the 

2 Commission for Fiscal Sustainability. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS