I 
110TH CONGRESS 
2D SESSION 
H. R. 7206 
To cap discretionary spending, eliminate wasteful and duplicative agencies, 
reform entitlement programs, and reform the congressional earmark process. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2008 
Mr. BRADY of Texas introduced the following bill; which was referred to the 
Committee on the Budget, and in addition to the Committees on Rules 
and Oversight and Government Reform, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To cap discretionary spending, eliminate wasteful and dupli-
cative agencies, reform entitlement programs, and reform 
the congressional earmark process. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Spending Reform Act 
of 2008’’. 
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TITLE I—CAPS ON 
DISCRETIONARY SPENDING 
SEC. 101. DISCRETIONARY SPENDING LIMITS. 
(a) CONTENT OF CONCURRENT RESOLUTION ON THE 
BUDGET.—Section 301(a) of the Congressional Budget 
Act of 1974 is amended by striking ‘‘and’’ at the end of 
paragraph (6), by striking the period and inserting ‘‘; 
and’’ at the end of paragraph (7), and by inserting at the 
end the following new paragraph: 
‘‘(8) the discretionary spending limit.’’. 
(b) POINT OF ORDER.—Section 312(b) of the Con-
gressional Budget Act of 1974 is amended to read as fol-
lows: 
‘‘(b) 
DISCRETIONARY
SPENDING
POINTS
OF 
ORDER.— 
‘‘(1) IN
GENERAL.—(A) Except as otherwise 
provided in this subsection, it shall not be in order 
in the House of Representatives or the Senate to 
consider any bill or joint resolution (or amendment, 
motion, or conference report on that bill or resolu-
tion) that would exceed for any fiscal year the dis-
cretionary spending limit set forth in the most re-
cent concurrent resolution on the budget for that fis-
cal year. 
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‘‘(B) It shall not be in order in the House of 
Representatives or the Senate to consider any con-
current resolution on the budget unless it sets forth 
a discretionary spending limit for the fiscal year be-
ginning on October 1 of the calendar year in which 
that concurrent resolution is reported and for each 
of the 4 ensuing fiscal years that for any such fiscal 
year does not exceed the discretionary spending limit 
for the previous fiscal year increased by the esti-
mated change in the Consumer Price Index for All 
Urban Consumers. The discretionary spending limit 
for fiscal year 2009 is the number set forth in sec-
tion 312(b)(2) of the concurrent resolution on the 
budget for fiscal year 2009. 
‘‘(2) EXCEPTIONS.—Paragraph (1)(A) shall not 
apply if a declaration of war by the Congress is in 
effect.’’. 
(c) SUPER MAJORITY POINT OF ORDER IN THE SEN-
ATE.—Subsection (c)(1) and subsection (d)(2) of section 
904 of the Congressional Budget Act of 1974 is amended 
by inserting ‘‘312(b),’’ after ‘‘310(d)(2),’’ each place it ap-
pears. 
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TITLE II—SUNSETTING OF 
FEDERAL AGENCIES 
SEC. 201. REVIEW AND ABOLISHMENT OF FEDERAL AGEN-
CIES. 
(a) SCHEDULE FOR REVIEW.—Not later than one 
year after the date of the enactment of this Act, the Fed-
eral Agency Sunset Commission established under section 
202 (in this title referred to as the ‘‘Commission’’) shall 
submit to Congress a schedule for review by the Commis-
sion, at least once every 12 years (or less, if determined 
appropriate by Congress), of the abolishment or reorga-
nization of each agency. 
(b) REVIEW OF AGENCIES PERFORMING RELATED 
FUNCTIONS.—In determining the schedule for review of 
agencies under subsection (a), the Commission shall pro-
vide that agencies that perform similar or related func-
tions be reviewed concurrently to promote efficiency and 
consolidation. 
(c) ABOLISHMENT OF AGENCIES.— 
(1) IN GENERAL.—Each agency shall— 
(A) be reviewed according to the schedule 
created pursuant to this section; and 
(B) be abolished not later than one year 
after the date that the Commission completes 
its review of the agency pursuant to such sched-
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ule, unless the agency is reauthorized by the 
Congress. 
(2) EXTENSION.—The deadline for abolishing 
an agency may be extended for an additional two 
years after the date described in paragraph (1)(B) 
if the Congress enacts legislation extending such 
deadline by a vote of a super majority of the House 
of Representatives and the Senate. 
SEC. 202. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Federal Agency Sunset Com-
mission’’. 
(b) COMPOSITION.—The Commission shall be com-
posed of 12 members (in this title referred to as the 
‘‘members’’) who shall be appointed as follows: 
(1) Six members shall be appointed by the 
Speaker of the House of Representatives, one of 
whom may include the Speaker of the House of Rep-
resentatives, with minority members appointed with 
the consent of the minority leader of the House of 
Representatives. 
(2) Six members shall be appointed by the ma-
jority leader of the Senate, one of whom may include 
the majority leader of the Senate, with minority 
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members appointed with the consent of the minority 
leader of the Senate. 
(c) QUALIFICATIONS OF MEMBERS.— 
(1) IN
GENERAL.—(A) Of the members ap-
pointed under subsection (b)(1), four shall be mem-
bers of the House of Representatives (not more than 
two of whom may be of the same political party), 
and two shall be an individual described in subpara-
graph (C). 
(B) Of the members appointed under subsection 
(b)(2), four shall be members of the Senate (not 
more than two of whom may be of the same political 
party) and two shall be an individual described in 
subparagraph (C). 
(C) An individual under this subparagraph is 
an individual— 
(i) who is not a member of Congress; and 
(ii) with expertise in the operation and ad-
ministration of Government programs. 
(2) CONTINUATION
OF
MEMBERSHIP.—If a 
member was appointed to the Commission as a 
member of Congress and the member ceases to be 
a member of Congress, that member shall cease to 
be a member of the Commission. The validity of any 
action of the Commission shall not be affected as a 
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Commission may administer oaths to witnesses ap-
pearing before it. 
(2) OBTAINING
INFORMATION.—The Commis-
sion may secure directly from any department or 
agency of the United States information necessary 
to enable it to carry out its duties under this title. 
Upon request of the Chairman, the head of that de-
partment or agency shall furnish that information to 
the Commission in a full and timely manner. 
(3) SUBPOENA POWER.—(A) The Commission 
may issue a subpoena to require the attendance and 
testimony of witnesses and the production of evi-
dence relating to any matter under investigation by 
the Commission. 
(B) If a person refuses to obey an order or sub-
poena of the Commission that is issued in connection 
with a Commission proceeding, the Commission may 
apply to the United States district court in the judi-
cial district in which the proceeding is held for an 
order requiring the person to comply with the sub-
poena or order. 
(4) IMMUNITY.—The Commission is an agency 
of the United States for purposes of part V of title 
18, United States Code (relating to immunity of wit-
nesses). 
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(5) CONTRACT AUTHORITY.—The Commission 
may contract with and compensate government and 
private agencies or persons for services without re-
gard to section 3709 of the Revised Statutes (41 
U.S.C. 5). 
(h) COMMISSION PROCEDURES.— 
(1) MEETINGS.—The Commission shall meet at 
the call of the Chairman. 
(2) QUORUM.—Seven members of the Commis-
sion shall constitute a quorum but a lesser number 
may hold hearings. 
(i) PERSONNEL MATTERS.— 
(1) COMPENSATION.—Members shall not be 
paid by reason of their service as members. 
(2) TRAVEL
EXPENSES.—Each member shall 
receive travel expenses, including per diem in lieu of 
subsistence, in accordance with sections 5702 and 
5703 of title 5, United States Code. 
(3) DIRECTOR.—The Commission shall have a 
Director who shall be appointed by the Chairman. 
The Director shall be paid at a rate not to exceed 
the maximum rate of basic pay payable for GS–15 
of the General Schedule. 
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(4) STAFF.—The Director may appoint and fix 
the pay of additional personnel as the Director con-
siders appropriate. 
(5) APPLICABILITY OF CERTAIN CIVIL SERVICE 
LAWS.—The Director and staff of the Commission 
shall be appointed subject to the provisions of title 
5, United States Code, governing appointments in 
the competitive service, and shall be paid in accord-
ance with the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates. 
(j) OTHER ADMINISTRATIVE MATTERS.— 
(1) POSTAL
AND
PRINTING
SERVICES.—The 
Commission may use the United States mails and 
obtain printing and binding services in the same 
manner and under the same conditions as other de-
partments and agencies of the United States. 
(2) ADMINISTRATIVE
SUPPORT
SERVICES.— 
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission, on a reimbursable basis, the administrative 
support services necessary for the Commission to 
carry out its duties under this title 
(3) EXPERTS AND CONSULTANTS.—The Com-
mission may procure temporary and intermittent 
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services under section 3109(b) of title 5, United 
States Code. 
(k) SUNSET OF COMMISSION.—The Commission shall 
terminate on December 31, 2033, unless reauthorized by 
Congress. 
SEC. 203. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL 
AGENCIES. 
(a) IN GENERAL.—The Commission shall review the 
efficiency and public need for each agency in accordance 
with the criteria described in section 204. 
(b) RECOMMENDATIONS; REPORT TO CONGRESS.— 
The Commission shall submit to Congress and the Presi-
dent not later than September 1 of each year a report 
containing— 
(1) an analysis of the efficiency of operation 
and public need for each agency to be reviewed in 
the year in which the report is submitted pursuant 
to the schedule submitted to Congress under section 
201; 
(2) recommendations on whether each such 
agency should be abolished or reorganized; 
(3) recommendations on whether the functions 
of any other agencies should be consolidated, trans-
ferred, or reorganized in an agency to be reviewed 
in the year in which the report is submitted pursu-
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ant to the schedule submitted to Congress under 
section 201; and 
(4) recommendations for administrative and 
legislative action with respect to each such agency, 
but not including recommendations for appropriation 
levels. 
(c) DRAFT LEGISLATION.—The Commission shall 
submit to Congress and the President not later than Sep-
tember 1 of each year a draft of legislation to carry out 
the recommendations of the Commission under subsection 
(b). 
(d) INFORMATION GATHERING.—The Commission 
shall— 
(1) conduct public hearings on the abolishment 
of each agency reviewed under subsection (b); 
(2) provide an opportunity for public comment 
on the abolishment of each such agency; 
(3) require the agency to provide information to 
the Commission as appropriate; and 
(4) consult with the General Accounting Office, 
the Office of Management and Budget, the Comp-
troller General, and the chairman and ranking mi-
nority members of the committees of Congress with 
oversight responsibility for the agency being re-
viewed regarding the operation of the agency. 
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(e) USE OF PROGRAM INVENTORY.—The Commis-
sion shall use the program inventory prepared under sec-
tion 208 in reviewing the efficiency and public need for 
each agency under subsection (a). 
SEC. 204. CRITERIA FOR REVIEW. 
The Commission shall evaluate the efficiency and 
public need for each agency pursuant to section 203 using 
the following criteria: 
(1) The effectiveness, and the efficiency of the 
operation of, the programs carried out by each such 
agency. 
(2) Whether the programs carried out by the 
agency are cost-effective. 
(3) Whether the agency has acted outside the 
scope of its original authority, and whether the origi-
nal objectives of the agency have been achieved. 
(4) Whether less restrictive or alternative meth-
ods exist to carry out the functions of the agency. 
(5) The extent to which the jurisdiction of, and 
the programs administered by, the agency duplicate 
or conflict with the jurisdiction and programs of 
other agencies. 
(6) The potential benefits of consolidating pro-
grams administered by the agency with similar or 
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duplicative programs of other agencies, and the po-
tential for consolidating such programs. 
(7) The number and types of beneficiaries or 
persons served by programs carried out by the agen-
cy. 
(8) The extent to which any trends, develop-
ments, and emerging conditions that are likely to af-
fect the future nature and extent of the problems or 
needs that the programs carried out by the agency 
are intended to address. 
(9) The extent to which the agency has com-
plied with the provisions contained in the Govern-
ment Performance and Results Act of 1993 (Public 
Law 103–62; 107 Stat. 285). 
(10) The promptness and effectiveness with 
which the agency seeks public input and input from 
State and local governments on the efficiency and ef-
fectiveness of the performance of the functions of 
the agency. 
(11) Whether the agency has worked to enact 
changes in the law that are intended to benefit the 
public as a whole rather than the specific business, 
institution, or individuals that the agency regulates. 
(12) The extent to which the agency has en-
couraged participation by the public as a whole in 
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making its rules and decisions rather than encour-
aging participation solely by those it regulates. 
(13) The extent to which the public participa-
tion in rulemaking and decisionmaking of the agency 
has resulted in rules and decisions compatible with 
the objectives of the agency. 
(14) The extent to which the agency complies 
with section 552 of title 5, United States Code (com-
monly known as the ‘‘Freedom of Information Act’’). 
(15) The extent to which the agency complies 
with equal employment opportunity requirements re-
garding equal employment opportunity. 
(16) The extent of the regulatory, privacy, and 
paperwork impacts of the programs carried out by 
the agency. 
(17) The extent to which the agency has coordi-
nated with State and local governments in per-
forming the functions of the agency. 
(18) The potential effects of abolishing the 
agency on State and local governments. 
(19) The extent to which changes are necessary 
in the authorizing statutes of the agency in order 
that the functions of the agency can be performed 
in the most efficient and effective manner. 
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SEC. 205. COMMISSION OVERSIGHT. 
(a) MONITORING
OF IMPLEMENTATION
OF REC-
OMMENDATIONS.—The Commission shall monitor imple-
mentation of laws enacting provisions that incorporate rec-
ommendations of the Commission with respect to abolish-
ment or reorganization of agencies. 
(b) MONITORING OF OTHER RELEVANT LEGISLA-
TION.— 
(1) IN GENERAL.—The Commission shall review 
and report to Congress on all legislation introduced 
in either house of Congress that would establish— 
(A) a new agency; or 
(B) a new program to be carried out by an 
existing agency. 
(2) REPORT TO CONGRESS.—The Commission 
shall include in each report submitted to Congress 
under paragraph (1) an analysis of whether— 
(A) the functions of the proposed agency 
or program could be carried out by one or more 
existing agencies; 
(B) the functions of the proposed agency 
or program could be carried out in a less re-
strictive manner than the manner proposed in 
the legislation; and 
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(C) the legislation provides for public input 
regarding the performance of functions by the 
proposed agency or program. 
SEC. 206. RULEMAKING AUTHORITY. 
The Commission may promulgate such rules as nec-
essary to carry out this title. 
SEC. 207. RELOCATION OF FEDERAL EMPLOYEES. 
If the position of an employee of an agency is elimi-
nated as a result of the abolishment of an agency in ac-
cordance with this title, there shall be a reasonable effort 
to relocate such employee to a position within another 
agency. 
SEC. 208. PROGRAM INVENTORY. 
(a) PREPARATION.—The Comptroller General and 
the Director of the Congressional Budget Office, in co-
operation with the Director of the Congressional Research 
Service, shall prepare an inventory of Federal programs 
(in this title referred to as the ‘‘program inventory’’) with-
in each agency. 
(b) PURPOSE.—The purpose of the program inven-
tory is to advise and assist the Congress and the Commis-
sion in carrying out the requirements of this title. Such 
inventory shall not in any way bind the committees of the 
Senate or the House of Representatives with respect to 
their responsibilities under this title and shall not infringe 
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on the legislative and oversight responsibilities of such 
committees. The Comptroller General shall compile and 
maintain the inventory and the Director of the Congres-
sional Budget Office shall provide budgetary information 
for inclusion in the inventory. 
(c) INVENTORY CONTENT.—The program inventory 
shall set forth for each program each of the following mat-
ters: 
(1) The specific provision or provisions of law 
authorizing the program. 
(2) The committees of the Senate and the 
House of Representatives which have legislative or 
oversight jurisdiction over the program. 
(3) A brief statement of the purpose or pur-
poses to be achieved by the program. 
(4) The committees which have jurisdiction over 
legislation providing new budget authority for the 
program, including the appropriate subcommittees of 
the Committees on Appropriations of the Senate and 
the House of Representatives. 
(5) The agency and, if applicable, the subdivi-
sion thereof responsible for administering the pro-
gram. 
(6) The grants-in-aid, if any, provided by such 
program to State and local governments. 
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(7) The next reauthorization date for the pro-
gram. 
(8) A unique identification number which links 
the program and functional category structure. 
(9) The year in which the program was origi-
nally established and, where applicable, the year in 
which the program expires. 
(10) Where applicable, the year in which new 
budget authority for the program was last author-
ized and the year in which current authorizations of 
new budget authority expire. 
(d) BUDGET AUTHORITY.—The report also shall set 
forth for each program whether the new budget authority 
provided for such programs is— 
(1) authorized for a definite period of time; 
(2) authorized in a specific dollar amount but 
without limit of time; 
(3) authorized without limit of time or dollar 
amounts; 
(4) not specifically authorized; or 
(5) permanently provided, 
as determined by the Director of the Congressional Budg-
et Office. 
(e) CBO INFORMATION.—For each program or group 
of programs, the program inventory also shall include in-
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formation prepared by the Director of the Congressional 
Budget Office indicating each of the following matters: 
(1) The amounts of new budget authority au-
thorized and provided for the program for each of 
the preceding four fiscal years and, where applicable, 
the four succeeding fiscal years. 
(2) The functional and subfunctional category 
in which the program is presently classified and was 
classified under the fiscal year 2009 budget. 
(3) The identification code and title of the ap-
propriation account in which budget authority is 
provided for the program. 
(f) MUTUAL EXCHANGE
OF INFORMATION.—The 
General Accounting Office, the Congressional Research 
Service, and the Congressional Budget Office shall permit 
the mutual exchange of available information in their pos-
session which would aid in the compilation of the program 
inventory. 
(g) ASSISTANCE BY EXECUTIVE BRANCH.—The Of-
fice of Management and Budget, and the Executive agen-
cies and the subdivisions thereof shall, to the extent nec-
essary and possible, provide the General Accounting Office 
with assistance requested by the Comptroller General in 
the compilation of the program inventory. 
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SEC. 209. DEFINITION OF AGENCY. 
As used in this title, the term ‘‘agency’’ has the 
meaning given that term by section 105 of title 5, United 
States Code, except that such term includes an advisory 
committee as that term is defined in section 102(2) of the 
Federal Advisory Committee Act. 
SEC. 210. OFFSET OF AMOUNTS APPROPRIATED. 
Amounts appropriated to carry out this title shall be 
offset by a reduction in amounts appropriated to carry out 
programs of other Federal agencies. 
TITLE III—ESTABLISHMENT OF 
JOINT 
SELECT 
COMMITTEE 
ON EARMARK REFORM 
SEC. 301. JOINT SELECT COMMITTEE ON EARMARK RE-
FORM. 
(a) ESTABLISHMENT AND COMPOSITION.—There is 
hereby established a Joint Select Committee on Earmark 
Reform. The joint select committee shall be composed of 
16 members as follows: 
(1) 8 Members of the House of Representatives, 
4 appointed from the majority party by the Speaker 
of the House, and 4 from the minority party to be 
appointed by the minority leader; and 
(2) 8 Members of the Senate, 4 appointed from 
the majority party by the majority leader of the Sen-
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ate, and 4 from the minority party to be appointed 
by the minority leader. 
A vacancy in the joint select committee shall not affect 
the power of the remaining members to execute the func-
tions of the joint select committee, and shall be filled in 
the same manner as the original selection. 
(b) STUDY AND REPORT.— 
(1) STUDY.—The joint select committee shall 
make a full study of the practices of the House, Sen-
ate, and Executive Branch regarding earmarks in 
authorizing, appropriation, tax, and tariff measures. 
As part of the study, the joint select committee shall 
consider the efficacy of— 
(A) the disclosure requirements of clause 9 
of rule XXI and clause 17 of rule XXIII of the 
Rules of the House of Representatives, House 
Resolution 491, and rule XLIV of the Standing 
Rules of the Senate, and the definitions con-
tained therein; 
(B) requiring full transparency in the proc-
ess, with earmarks listed in bills at the outset 
of the legislative process and continuing 
throughout consideration; 
(C) requiring that earmarks not be placed 
in any bill after initial committee consideration; 
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(D) requiring that Members be permitted 
to offer amendments to remove earmarks at 
subcommittee, full committee, floor consider-
ation, and during conference committee meet-
ings; 
(E) requiring that bill sponsors and major-
ity and minority managers certify the validity of 
earmarks contained in their bills; 
(F) recommending changes to earmark re-
quests made by the Executive Branch through 
the annual budget submitted to Congress pur-
suant to section 1105 of title 31, United States 
Code; 
(G) requiring that House and Senate 
amendments meet earmark disclosure require-
ments, including amendments adopted pursuant 
to a special order of business; 
(H) establishing new categories for ear-
marks, including— 
(i) projects with National scope; 
(ii) military projects; and 
(iii) local or provincial projects, in-
cluding the level of matching funds re-
quired for such project. 
(2) REPORT.— 
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(A) The joint select committee shall submit 
to the House and the Senate a report of its 
findings and recommendations not later than 6 
months after the enactment of this Act. 
(B) No recommendation shall be made by 
the joint select committee except upon the ma-
jority vote of the members from each House, re-
spectively. 
(C) Notwithstanding any other provision of 
this resolution, any recommendation with re-
spect to the rules and procedures of one House 
that only affects matters related solely to that 
House may only be made and voted on by mem-
bers of the joint select committee from that 
House and, upon its adoption by a majority of 
such members, shall be considered to have been 
adopted by the full committee as a rec-
ommendation of the joint select committee. 
In conducting the study under paragraph (1), the joint 
select committee shall hold not fewer than 5 public hear-
ings. 
(c) RESOURCES AND DISSOLUTION.— 
(1) The joint select committee may utilize the 
resources of the House and Senate. 
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(2) The joint select committee shall cease to 
exist 30 days after the submission of the report de-
scribed in subsection (a)(2). 
(d) DEFINITION.—For purposes of this section, the 
term ‘‘earmark’’ shall include congressional earmarks, 
congressionally directed spending items, limited tax bene-
fits, or limited tariff benefits as those terms are used in 
clause 9 of rule XXI of the Rules of the House of Rep-
resentatives and rule XLIV of the Standing Rules of the 
Senate. Nothing in this subsection shall confine the study 
of the joint select committee or otherwise limit its rec-
ommendations. 
SEC. 302. MORATORIUM ON CONSIDERATION OF EAR-
MARKS. 
(a) IN THE HOUSE.—It shall not be in order to con-
sider a bill, joint resolution, or conference report con-
taining a congressional earmark, limited tax benefit, or 
limited tariff benefit (as such terms are used in clause 
9 of rule XXI of the Rules of the House of Representa-
tives) until the filing of the report required under section 
301. 
(b) IN THE SENATE.—øTo be supplied.¿ 
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TITLE IV—ESTABLISHMENT OF 
THE 
SECURING 
AMERICA’S 
FUTURE ECONOMY COMMIS-
SION 
SEC. 401. ESTABLISHMENT. 
There is established a commission to be known as the 
‘‘Securing America’s Future Economy Commission’’ 
(hereinafter in this title referred to as the ‘‘Commission’’). 
SEC. 402. DUTIES OF COMMISSION. 
(a) MANDATORY LEGISLATION DEVELOPMENT.— 
(1) ISSUES
TO
ADDRESS.—The Commission 
shall examine the long-term fiscal challenges facing 
the United States and develop legislation designed to 
address the following issues: 
(A) The unsustainable imbalance between 
long-term Federal spending commitments and 
projected revenues. 
(B) Increasing net national savings to pro-
vide for domestic investment and economic 
growth. 
(C) The implications of foreign ownership 
of debt instruments issued by the United States 
Government. 
(D) Improving the budget process to place 
greater emphasis on long-term fiscal issues. 
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(2) POLICY SOLUTIONS.—Legislation developed 
to address the issues described in paragraph (1) may 
include the following: 
(A) Reforms that limit the growth of enti-
tlement spending to ensure that the programs 
are fiscally sustainable. 
(B) Reforms that strengthen the safety net 
functions of entitlement programs to provide 
assistance to the neediest people. 
(C) Reforms that make United States tax 
laws more efficient and more conducive to en-
couraging economic growth. 
(D) Incentives to increase private savings. 
(E) Any other reforms designed to address 
the issues described in paragraph (1). 
(b) OPTIONAL DEVELOPMENT OF COST ESTIMATE 
ALTERNATIVES.— 
(1) IN GENERAL.—The Commission shall by an 
affirmative vote of 5 members develop not more than 
2 methods for estimating the cost of legislation as 
an alternative to the method currently used by the 
Congressional Budget Office. 
(2) SPECIFICALLY.—Any such alternative meth-
od must— 
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(A) be designed to address any short-
comings in the method currently used with re-
gard to estimating the positive economic effects 
of legislation; and 
(B) consider the use of automatic stabi-
lizers or triggers to enforce spending and rev-
enue targets, in the event that policies based on 
the alternative method fail to achieve targets 
for outlays and revenues. 
(3) LIMITATION.—Any alternative developed 
pursuant to this subsection shall generally comply 
with subsections (b), (c), and (d) of section 413. 
SEC. 403. INITIAL TOWN HALL STYLE PUBLIC HEARINGS. 
(a) IN GENERAL.—The Commission shall hold at 
least 1 town hall style public hearing within each Federal 
reserve district, and shall, to the extent feasible, ensure 
that there is broad public participation in the hearings. 
(b) HEARING FORMAT.—During each hearing, the 
Commission shall present to the public, and generate com-
ments and suggestions regarding, the issues described in 
section 402, policies designed to address the issues, and 
tradeoffs between the policies. 
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SEC. 404. REPORT. 
The Commission shall, not later than 1 year after the 
date of the enactment of this Act, submit a report to Con-
gress and the President containing the following: 
(1) A detailed description of the activities of the 
Commission. 
(2) A summary of comments and suggestions 
generated from the town hall style public hearings. 
(3) A detailed statement of any findings of the 
Commission as to public preferences regarding the 
issues, policies, and tradeoffs presented in the town 
hall style public hearings. 
(4) A detailed description of the long-term fis-
cal problems faced by the United States. 
(5) A list of policy options for addressing those 
problems. 
(6) Criteria for the legislative proposal to be de-
veloped by the Commission. 
SEC. 405. LEGISLATIVE PROPOSAL. 
(a) IN GENERAL.—Not later than 60 days after the 
date the report is submitted under section 404 and by a 
vote of three-fourths of the members, the Commission 
shall submit a legislative proposal to Congress and the 
President designed to address the issues described section 
402. 
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(b) PROPOSAL REQUIREMENTS.—The proposal must, 
to the extent feasible, be designed— 
(1) to achieve generational equity and long-term 
economic stability; 
(2) to address the comments and suggestions of 
the public; and 
(3) to meet the criteria set forth in the Com-
mission report. 
(c) INCLUSION OF COST ESTIMATE.—The Commis-
sion shall submit with the proposal— 
(1) a long-term CBO cost estimate prepared 
under section 413 for the proposal; and 
(2) if an alternative cost estimate method is de-
veloped by the Commission, a 50-year cost estimate 
using such method. 
SEC. 406. MEMBERSHIP AND MEETINGS. 
(a) IN GENERAL.—The Commission shall be com-
posed of 16 voting members appointed pursuant to para-
graph (1) and 2 nonvoting members described in para-
graph (2). 
(1) VOTING MEMBERS.—The Commission shall 
be composed of 16 voting members of whom— 
(A) one shall be the Director of the Office 
of Management and Budget; 
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(B) one shall be the Secretary of the 
Treasury; 
(C) four shall be appointed by the Speaker 
of the House of Representatives; 
(D) three shall be appointed by the minor-
ity leader of the House of Representatives; 
(E) four shall be appointed by the majority 
leader of the Senate; and 
(F) three shall be appointed by the minor-
ity leader of the Senate. 
(2) NONVOTING
MEMBERS.—The Comptroller 
General of the United States and the Director of the 
Congressional Budget Office shall each be nonvoting 
members of the Commission and shall advise and as-
sist at the request of the Commission. 
(3) CHAIR AND CO-CHAIR.—The President shall 
designate 2 co-chairpersons of the Commission from 
the members appointed under paragraph (1), one of 
whom must be a Republican and one of whom must 
be a Democrat. 
(b) LIMITATIONS AS TO MEMBERS OF CONGRESS.— 
(1) FOUR MEMBERS OF CONGRESS ON COMMIS-
SION.—Each appointing authority described in sub-
section (a)(1) who is a member of Congress shall ap-
point 1 member of Congress to the Commission but 
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may not appoint more than 1 member of Congress 
to the Commission. 
(2) CONTINUATION OF VOTING MEMBERSHIP.— 
In the case of an individual appointed pursuant to 
subsection (a)(1) who was appointed as a member of 
Congress under paragraph (1), if such individual 
ceases to be a member of Congress, that individual 
shall cease to be a member of the Commission. 
(c) DATE FOR ORIGINAL APPOINTMENT.—The ap-
pointing authorities described in subsection (a)(1) shall 
appoint the initial members of the Commission not later 
than 30 days after the date of enactment of this Act. 
(d) TERMS.— 
(1) IN GENERAL.—The term of each member is 
for the life of the Commission. 
(2) VACANCIES.—A vacancy in the Commission 
shall be filled not later than 30 days after such va-
cancy occurs and in the manner in which the origi-
nal appointment was made. 
(e) PAY AND REIMBURSEMENT.— 
(1) NO COMPENSATION FOR MEMBERS OF COM-
MISSION.—Except as provided in paragraph (2), a 
member of the Commission may not receive pay, al-
lowances, or benefits by reason of their service on 
the Commission. 
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(2) TRAVEL
EXPENSES.—Each member shall 
receive travel expenses, including per diem in lieu of 
subsistence under subchapter I of chapter 57 of title 
5, United States Code. 
(f) MEETINGS.—The Commission shall meet upon 
the call of the chairperson or a majority of its voting mem-
bers. 
(g) QUORUM.—Six voting members of the Commis-
sion shall constitute a quorum, but a lesser number may 
hold hearings. 
SEC. 407. DIRECTOR AND STAFF OF COMMISSION. 
(a) DIRECTOR.— 
(1) IN
GENERAL.—Subject to subsection (c) 
and to the extent provided in advance in appropria-
tion Acts, the Commission shall appoint and fix the 
pay of a director. 
(2) DUTIES.—The director of the Commission 
shall be responsible for the administration and co-
ordination of the duties of the Commission and shall 
perform other such duties as the Commission may 
direct. 
(b) STAFF.—In accordance with rules agreed upon 
by the Commission, subject to subsection (c), and to the 
extent provided in advance in appropriation Acts, the di-
rector may appoint and fix the pay of additional personnel. 
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(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE 
LAWS.—The director and staff of the Commission may be 
appointed without regard to the provisions of title 5, 
United States Code, governing appointments in the com-
petitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 
of that title relating to classification and General Schedule 
pay rates, except that pay fixed under subsection (a) may 
not exceed $150,000 per year and pay fixed under sub-
section (b) may not exceed a rate equal to the daily equiva-
lent of the annual rate of basic pay for level V of the Exec-
utive Schedule under section 5316 of title 5, United States 
Code. 
(d) DETAILEES.—Any Federal Government employee 
may be detailed to the Commission without reimbursement 
from the Commission, and such detailee shall retain the 
rights, status, and privileges of their regular employment 
without interruption. 
(e) EXPERTS
AND CONSULTANTS.—In accordance 
with rules agreed upon by the Commission and to the ex-
tent provided in advance in appropriation Acts, the direc-
tor may procure the services of experts and consultants 
under section 3109(b) of title 5, United States Code, but 
at rates not to exceed the daily equivalent of the annual 
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rate of basic pay for level V of the Executive Schedule 
under section 5316 of title 5, United States Code. 
SEC. 408. POWERS OF COMMISSION. 
(a) HEARINGS
AND EVIDENCE.—The Commission 
may, for the purpose of carrying out this title, hold such 
hearings in addition to the town hall style public hearings, 
sit and act at such times and places, take such testimony, 
and receive such evidence as the Commission considers ap-
propriate. The Commission may administer oaths or affir-
mations to witnesses appearing before it. 
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the 
Commission, take any action which the Commission is au-
thorized to take under this section. 
(c) MAILS.—The Commission may use the United 
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United 
States. 
(d) ADMINISTRATIVE SUPPORT SERVICES.—Upon 
the request of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a reim-
bursable basis, the administrative support services nec-
essary for the Commission to carry out its responsibilities 
under this title. 
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(e) CONTRACT AUTHORITY.—To the extent provided 
in advance in appropriation Acts, the Commission may 
enter into contracts to enable the Commission to discharge 
its duties under this title. 
(f) GIFTS.—The Commission may accept, use, and 
dispose of gifts or donations of services or property. 
SEC. 409. TERMINATION. 
The Commission shall terminate the earlier of— 
(1) 60 days after submitting its legislative pro-
posal; or 
(2) the date on which the Comptroller General 
of the United States determines and publishes in the 
Federal Register a statement that new legislation 
has been enacted that is estimated to reduce the fis-
cal gap by— 
(A) 1 percent of gross domestic product, 
measured over the 20-year period beginning 
with the first fiscal year after the date of enact-
ment of such legislation; and 
(B) 2 percent of gross domestic product, 
measured over the 50-year period beginning 
with the first fiscal year after the date of enact-
ment of such legislation. 
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SEC. 410. ALTERNATIVE LEGISLATIVE PROPOSAL OF PRESI-
DENT. 
The President may, not later than 90 calendar days 
after the Commission submits its legislative proposal, sub-
mit to Congress an alternative to the legislative proposal 
submitted by the Commission. 
SEC. 411. ALTERNATIVE LEGISLATIVE PROPOSAL FROM 
THE COMMITTEE ON THE BUDGET. 
(a) FROM COMMITTEE.—The Committee on the 
Budget of either House may, in consultation with the rel-
evant committees of their respective House and not later 
than 90 calendar days after the Commission submits its 
legislative proposal, have published in the Congressional 
Record an alternative to the legislative proposal submitted 
by the Commission. 
(b) FROM RANKING MEMBER OF THE COMMITTEE.— 
The ranking minority member of the Committee on the 
Budget of either House may, not later than 90 calendar 
days after the Commission submits its legislative proposal, 
have published in the Congressional Record an alternative 
to the legislative proposal submitted by the Commission. 
SEC. 412. CONSIDERATION OF LEGISLATION. 
(a) INTRODUCTION.—Not later than the fifth legisla-
tive day after the Commission submits its legislative pro-
posal, the majority leader of each House, or his designee, 
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shall introduce (by request) the legislation submitted by 
the Commission. 
(b) IN THE HOUSE OF REPRESENTATIVES.— 
(1) 
PRIVILEGED
CONSIDERATION.—In 
the 
House of Representatives, the legislation shall be re-
ported to the Committee on the Budget, which shall 
report the bill without substantive revision. If the 
Committee on the Budget has not reported the legis-
lation before the expiration of the 90-day period de-
scribed in section 411, then— 
(A) that committee shall be discharged 
from consideration of the legislation; 
(B) the legislation shall be placed on the 
appropriate calendar; and 
(C) a motion to proceed to the consider-
ation of the legislation shall be highly privileged 
and shall not be debatable, and a motion to re-
consider the vote by which the motion is dis-
posed of shall not be in order. 
(2) CONSIDERATION
CONSISTENT
WITH
CON-
GRESSIONAL BUDGET ACT.—Consideration of such 
legislation shall be pursuant to the procedures set 
forth in paragraphs (2), (5), and (6) of section 
305(a) of the Congressional Budget Act of 1974 to 
the extent not inconsistent with this title. 
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(3) AMENDMENTS LIMITED.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an amendment to the legis-
lation may not be offered in the House of Rep-
resentatives. 
(B) PERMITTED
AMENDMENTS.—(i) Any 
member may offer, as an amendment in the na-
ture of a substitute, the alternative legislative 
proposal submitted by the President. 
(ii) The chairman of the House Committee 
on the Budget may offer, as an amendment in 
the nature of a substitute, the alternative legis-
lative proposal published in the Congressional 
Record by the House Committee on the Budget. 
(iii) The ranking minority member of the 
House Committee on the Budget may offer, as 
an amendment in the nature of a substitute, 
the alternative legislative proposal published in 
the Congressional Record by such ranking mi-
nority member. 
(C) POINT OF ORDER.— 
(i) IN GENERAL.—An amendment of-
fered under subparagraph (B) is subject to 
a point of order if— 
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(I) the amendment is not accom-
panied by a long-term CBO cost esti-
mate of the amendment or a long- 
term revenue estimate of the amend-
ment, which includes the information 
described in section 413, by the Joint 
Committee on Taxation; or 
(II) it would increase the deficit 
or cause a deficit either for the period 
of the first 20 fiscal years beginning 
with the first fiscal year after the cur-
rent fiscal year or for the period of 
the first 50 fiscal years beginning 
with the first fiscal year after the cur-
rent fiscal year, as judged against the 
baseline. 
(ii) 
BASELINE.—For 
purposes 
of 
clause (i)(II), the baseline shall be cal-
culated using the assumption that the leg-
islation submitted by the Commission has 
been enacted into law, subject to the limi-
tation imposed by section 413(d). 
(iii) WAIVER.—A point of order raised 
under clause (i) may only be waived or sus-
pended in the House of Representatives by 
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a resolution devoted solely to the subject of 
waiving that point of order. 
(D) MULTIPLE
AMENDMENTS.—If more 
than one amendment is offered under this para-
graph, then each amendment shall be consid-
ered separately, and the amendment receiving 
both a majority and the highest number of 
votes shall be the amendment adopted. 
(4) TRANSMITTAL TO THE SENATE.—If the leg-
islation passed in the House of Representatives pur-
suant to this section, the Clerk of the House of Rep-
resentatives shall cause the legislation to be en-
grossed, certified, and transmitted to the Senate not 
later than 1 calendar day after the day on which the 
legislation is passed. Such legislation shall be re-
ferred to the Senate Committee on the Budget. 
(c) IN THE SENATE.— 
(1) AUTOMATIC DISCHARGE OF SENATE BUDG-
ET COMMITTEE.—If the Senate Committee on the 
Budget has not reported the legislation before the 
expiration of the 90-day period described in section 
411, then— 
(A) the committee shall be discharged from 
consideration of the legislation; and 
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(B) a motion to proceed to the consider-
ation of the legislation is highly privileged and 
is not debatable. 
(2) CONSIDERATION.—Consideration of such 
legislation shall be pursuant to the procedures set 
forth in paragraphs (1), (2), (5), and (6) of section 
305(b) of the Congressional Budget Act of 1974 to 
the extent not inconsistent with this title. 
(3) AMENDMENTS LIMITED.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an amendment to the legis-
lation may not be offered in the Senate. 
(B) PERMITTED
AMENDMENTS.—(i) Any 
member may offer, as an amendment in the na-
ture of a substitute, the alternative legislative 
proposal submitted by the President. 
(ii) The chairman of the Senate Committee 
on the Budget may offer, as an amendment in 
the nature of a substitute, the alternative legis-
lative proposal published in the Congressional 
Record by the Senate Committee on the Budg-
et. 
(iii) The ranking minority member of the 
Senate Committee on the Budget may offer, as 
an amendment in the nature of a substitute, 
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the alternative legislative proposal published in 
the Congressional Record by such ranking mi-
nority member. 
(C) POINT OF ORDER.— 
(i) IN GENERAL.—An amendment of-
fered under subparagraph (B) is subject to 
a point of order if— 
(I) the amendment is not accom-
panied by a long-term CBO cost esti-
mate of the amendment or a long- 
term revenue estimate of the amend-
ment, which includes the information 
described in section 413, by the Joint 
Committee on Taxation; or 
(II) it would increase the deficit 
or cause a deficit either for the period 
of the first 20 fiscal years beginning 
with the first fiscal year after the cur-
rent fiscal year or for the period of 
the first 50 fiscal years beginning 
with the first fiscal year after the cur-
rent fiscal year, as judged against the 
baseline. 
(ii) 
BASELINE.—For 
purposes 
of 
clause (i)(II), the baseline shall be cal-
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