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Code · BILL · 118th Congress · S. 3262 (Introduced in Senate) — To establish a commission on fiscal stability and reform. · Sec. 3

Sec. 3. Establishment of Fiscal Commission

2,007 words·~9 min read·/bill/118/s/3262/is/section-3

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There is established in the legislative branch a Fiscal Commission. 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. Not later than 14 days after the date of enactment of this Act— 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; 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; 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 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. Not later than 14 days after the date of enactment of this Act— the leadership of the Senate and House of Representatives who caucus with the same political party as the President shall appoint 1 individual from among the members of the Fiscal Commission who shall serve as a co-chair of the Fiscal Commission; and the leadership of the Senate and House of Representatives who caucus with the opposite political party as the President, shall appoint 1 individual from among the members of the Fiscal Commission who shall serve as a co-chair of the Fiscal Commission. The members of the Fiscal Commission shall be appointed for the life of the Fiscal Commission. 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. 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— the member shall no longer be a member of the Fiscal Commission; and a vacancy in the Fiscal Commission exists. Any outside expert appointed as a member of the Fiscal Commission— shall not be considered to be a Federal employee for any purpose by reason of service on the Fiscal Commission; shall serve without compensation; and shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Fiscal Commission. Each member of the Fiscal Commission who is a Member of the Senate or the House of Representatives shall serve without compensation in addition to the compensation received for the services of the member as a Member of the Senate or the House of Representatives. To enable the Fiscal Commission to exercise the powers, functions, and duties of the Fiscal Commission, there are authorized to be disbursed by the Senate the actual and necessary expenses of the Fiscal Commission approved by the staff director of the Fiscal Commission, subject to the rules and regulations of the Senate. A majority of the members of the Fiscal Commission who are Members of the Senate or the House of Representatives, not fewer than 3 of whom were appointed to the Fiscal Commission by a Member of the Senate or the House of Representatives who caucuses with the same political party as the President and not fewer than 3 of whom were appointed to the Fiscal Commission by a Member of the Senate or the House of Representatives who caucuses with the opposite political party as the President, shall constitute a quorum. Only members of the Fiscal Commission who are Members of the Senate or the House of Representatives may vote on any matter. An outside expert serving as a member of the Fiscal Commission shall be a nonvoting member. No proxy voting shall be allowed on behalf of any member of the Fiscal Commission on any matter. The Director of the Congressional Budget Office shall, with respect to the implementing bill of the Fiscal Commission described in subsection (c)(2)(A)(i)(II), provide to the Fiscal Commission— estimates of the implementing bill in accordance with sections 308(a) and 201(f) of the Congressional Budget Act of 1974 ( 2 U.S.C. 639(a) , 601(f)); and information on the budgetary effect of the implementing bill on the long-term fiscal outlook. The Fiscal Commission may not vote on any version of the report, recommendations, or implementation bill of the Fiscal Commission under subsection (c)(2)(A) unless the estimates and information described in subclause
(I)of this clause are made available for consideration by all members of the Fiscal Commission not later than 48 hours before that vote, as certified by the co-chairs of the Fiscal Commission. Not later than 45 days after the date of enactment of this Act, the Fiscal Commission shall hold the first meeting of the Fiscal Commission. The co-chairs of the Fiscal Commission shall provide an agenda to the members of the Fiscal Commission not later than 48 hours before each meeting of the Fiscal Commission. 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. 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. 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— determine that there is good cause for the witness to not file the written statement; and waive the requirement that the witness file the written statement. 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. In accordance with the guidelines, rules, and requirements relating to employees of the Senate— the co-chairs of the Fiscal Commission may jointly appoint and fix the compensation of a staff director for the Fiscal Commission; and the staff director may appoint and fix the compensation of additional staff of the Fiscal Commission. With the approval of the Member of Congress employing an employee of a personal office of a Member of Congress or a committee of the Senate or the House of Representatives, such an employee may be detailed to the Fiscal Commission on a reimbursable basis. Members of the Fiscal Commission appointed by Members of the Senate and the staff of the Fiscal Commission shall adhere to the ethics rules of the Senate. Members of the Fiscal Commission appointed by Members of the House of Representatives shall be governed by the ethics rules and requirements of the House of Representatives. The Fiscal Commission shall identify policies to— meaningfully improve the long-term fiscal condition of the Federal Government; achieve a sustainable ratio of the public debt of the Federal Government to the gross domestic product of the United States, which shall be not more than 100 percent, by fiscal year 2039; and improve the solvency of Federal programs for which a Federal trust fund exists for a period of at least 75 years. In carrying out subparagraph (A), the Fiscal Commission shall propose recommendations that meaningfully improve the long-term fiscal condition of the Federal Government, including— changes to address the current levels of discretionary appropriations, direct spending, and revenues and the gap between current revenues and expenditures of the Federal Government; and changes to address the growth of discretionary appropriations, direct spending, and revenues and the gap between the projected revenues and expenditures of the Federal Government. Not later than 60 days after the date of enactment of this Act, each committee of the Senate and the House of Representatives may transmit to the Fiscal Commission any recommendations of the committee relating to changes in law to achieve the changes described in subparagraph (B). Not later than May 1, 2025, the Fiscal Commission shall meet to consider, and vote on— a report that contains— a detailed statement of the policies identified by, and the findings, conclusions, and recommendations of, the Fiscal Commission under paragraph (1); the estimate of the Congressional Budget Office required under subsection (a)(3)(C)(iii)(I); and a statement of the economic and budgetary effects of the implementing bill described in subclause (II); and an implementing bill to carry out the recommendations of the Fiscal Commission described in subclause (I)(aa). A report and implementing bill of the Fiscal Commission shall only be approved under clause
(i)upon an affirmative vote of a majority of the members of the Fiscal Commission who are Members of the Senate or the House of Representatives, not fewer than 3 of whom were appointed to the Fiscal Commission by a Member of the Senate or the House of Representatives who caucuses with the same political party as the President and not fewer than 3 of whom were appointed to the Fiscal Commission by a Member of the Senate or the House of Representatives who caucuses with the opposite political party as the President. It shall not be in order for the Fiscal Commission to consider or submit to Congress more than 1 report described in clause (i)(I) or more than 1 implementing bill described in clause (i)(II). A member of the Fiscal Commission who gives notice of an intention to file supplemental, minority, or additional views at the time of the final Fiscal Commission vote on the approval of the report and implementing bill of the Fiscal Commission under subparagraph
(A)shall be entitled to 3 days to file those views in writing with the staff director of the Fiscal Commission. Views filed under clause
(i)shall be included in the report of the Fiscal Commission under subparagraph
(A)and printed in the same volume, or part thereof, and such inclusion shall be noted on the cover of the report, except that, in the absence of timely notice, the report may be printed and transmitted immediately without such views. Upon the approval or disapproval of a report and implementing bill under subparagraph
(A)by the Fiscal Commission, the Fiscal Commission shall promptly, and not more than 24 hours after the approval or disapproval or, if timely notice is given under subparagraph (B), not more than 24 hours after additional views are filed under such subparagraph, make the report, the implementing bill, and a record of the vote on the report and implementing bill available to the public. If a report and implementing bill are approved by the Fiscal Commission under subparagraph (A), not later than 3 days after the date on which the report and implementing bill are made available to the public under subparagraph (C), the Fiscal Commission shall submit the report and implementing bill to the President, the Vice President, the Speaker of the House of Representatives, and the majority and minority leaders of each House of Congress. The report shall be referred to all committees of jurisdiction in the respective Houses. The Fiscal Commission shall terminate on the date that is 30 days after the date the Fiscal Commission submits the report and implementing bill under subsection (c)(2)(D).
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Sec. 3
Establishment of Fiscal Commission
U.S.C.§ 639
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