Sustainable Budget Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 974 To establish a national commission on fiscal responsibility and reform, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 11, 2021 Mr. CASE (for himself, Mr. WOMACK, Mr. PHILLIPS, and Mr. BURCHETT) in- troduced the following bill; which was referred to the Committee on the Budget, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee con- cerned A BILL To establish a national commission on fiscal responsibility and reform, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Sustainable Budget 4 Act of 2021’’. 5 SEC. 2. ESTABLISHMENT OF COMMISSION. 6 (a) ESTABLISHMENT.—Not later than 30 days after 7 the date of the enactment of this Act, there shall be estab- 8 VerDate Sep 11 2014 03:16 Mar 06, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H974.IH H974 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 974 IH lished within the legislative branch a commission to be 1 known as the National Commission on Fiscal Responsi- 2 bility and Reform (referred to in this Act as the ‘‘Commis- 3 sion’’). 4 (b) MEMBERSHIP.— 5 (1) COMPOSITION OF COMMISSION.—A Commis- 6 sion shall be composed of 18 members of whom— 7 (A) six members shall be appointed by the 8 President, of whom not more than 4 shall be 9 from the same political party; 10 (B) three members shall be appointed by 11 the majority leader of the Senate, from among 12 current Members of the Senate; 13 (C) three members shall be appointed by 14 the Speaker of the House of Representatives, 15 from among current Members of the House of 16 Representatives; 17 (D) three members shall be appointed by 18 the minority leader of the Senate, from among 19 current Members of the Senate; and 20 (E) three members shall be appointed by 21 the minority leader of the House of Representa- 22 tives, from among current Members of the 23 House of Representatives. 24 VerDate Sep 11 2014 03:16 Mar 06, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H974.IH H974 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 974 IH (2) INITIAL APPOINTMENTS.—Initial appoint- 1 ments to the Commission shall be made not later 2 than 60 days after the establishment of the Commis- 3 sion. 4 (3) VACANCY.—A vacancy on the Commission 5 shall be filled in the same manner as the initial ap- 6 pointment. 7 (c) CO-CHAIRPERSONS.—From among the members 8 appointed under paragraph (1), the President shall des- 9 ignate 2 members, who shall not be of the same political 10 party, to serve as Co-Chairpersons of the Commission. 11 (d) QUALIFICATIONS.—Members appointed to the 12 Commission shall have significant depth of experience and 13 responsibilities in matters relating to government service, 14 fiscal policy, economics, Federal agency management or 15 private sector management, public administration, and 16 law. 17 (e) DUTIES.— 18 (1) IN GENERAL.—The Commission shall iden- 19 tify policies to improve the fiscal situation in the me- 20 dium term and to achieve fiscal sustainability over 21 the long term. 22 (2) REQUIREMENTS.—In carrying out para- 23 graph (1), the Commission shall— 24 VerDate Sep 11 2014 03:16 Mar 06, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H974.IH H974 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 974 IH (A) propose recommendations designed to 1 balance the budget, excluding interest payments 2 on the debt, by the end of the 10-year period 3 beginning on the date on which the Commission 4 is established, in order to stabilize the debt-to- 5 GDP ratio at an acceptable level; and 6 (B) propose recommendations that mean- 7 ingfully improve the long-term fiscal outlook, 8 including changes to address the growth of enti- 9 tlement spending and the gap between the pro- 10 jected revenues and expenditures of the Federal 11 Government. 12 (f) REPORTS.— 13 (1) IN GENERAL.— 14 (A) FINAL REPORT.—Not later than 1 15 year after the date on which members are ap- 16 pointed to the Commission under subsection 17 (b), the Commission shall vote on the approval 18 of a final report containing the recommenda- 19 tions required under subsection (e). 20 (B) INTERIM REPORTS.—At any time after 21 the date on which members are appointed and 22 prior to voting on the approval of a final report 23 under subparagraph (A), the Commission may 24 vote on the approval of an interim report con- 25 VerDate Sep 11 2014 03:16 Mar 06, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H974.IH H974 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 974 IH taining such recommendations described in sub- 1 section (e) as the Commission may provide. 2 (2) APPROVAL OF REPORT.—The Commission 3 may only issue a report under this subsection if— 4 (A) the report is approved by not less than 5 12 members of the Commission; and 6 (B) of the members approving the report, 7 at least 4 are members of the same political 8 party to which the Speaker of the House of 9 Representatives belongs and at least 4 are 10 members of the same political party to which 11 the minority leader of the House of Representa- 12 tives belongs. 13 (3) SUBMISSION OF REPORT TO CONGRESS.— 14 Each report approved under this subsection shall be 15 submitted to Congress and made available to the 16 public. 17 (g) POWERS OF THE COMMISSION.— 18 (1) HEARINGS.—The Commission may hold 19 such hearings, sit and act at such times and places, 20 take such testimony, and receive such evidence as 21 the Commission considers advisable to carry out the 22 duties of the Commission described in subsection (e). 23 (2) INFORMATION FROM FEDERAL AGENCIES.— 24 The Commission may secure directly from any Fed- 25 VerDate Sep 11 2014 03:16 Mar 06, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H974.IH H974 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 974 IH eral agency such information as the Commission 1 considers necessary to carry out the duties of the 2 Commission described in subsection (e). Upon re- 3 quest from the Co-Chairpersons of the Commission, 4 the head of the Federal agency shall provide the in- 5 formation requested to the Commission. 6 (3) POSTAL SERVICES.—The Commission may 7 use the United States mail in the same manner and 8 under the same conditions as other departments and 9 agencies of the Federal Government. 10 (4) WEBSITE.— 11 (A) CONTENTS.—The Commission shall es- 12 tablish a website that shall contain— 13 (i) the recommendations required 14 under subsection (e); and 15 (ii) the records of attendance of the 16 members of the Commission for each meet- 17 ing of the Commission. 18 (B) DATE OF PUBLICATION.—The Com- 19 mission shall publish a recommendation or 20 record of attendance described under subpara- 21 graph (A) on the website established under 22 such subparagraph not later than 72 hours 23 after the conclusion of the meeting at which 24 VerDate Sep 11 2014 03:16 Mar 06, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H974.IH H974 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 974 IH such recommendation is made or at which such 1 record of attendance is taken. 2 (h) ASSISTANCE OF OTHER LEGISLATIVE BRANCH 3 ENTITIES.— 4 (1) GOVERNMENT ACCOUNTABILITY OFFICE.— 5 The Comptroller General shall provide technical as- 6 sistance to the Commission, as the Commission con- 7 ducts the work of the Commission, on the findings 8 and recommendations of the Government Account- 9 ability Office. 10 (2) CONGRESSIONAL BUDGET OFFICE.—The 11 Director of the Congressional Budget Office shall 12 provide technical assistance to the Commission, as 13 the Commission conducts the work of the Commis- 14 sion, on the findings and recommendations of the 15 Congressional Budget Office. 16 (3) JOINT COMMITTEE ON TAXATION.—The 17 chair of the Joint Committee on Taxation shall pro- 18 vide technical assistance to the Commission, as the 19 Commission conducts the work of the Commission, 20 on the findings and recommendations of the Joint 21 Committee on Taxation. 22 (i) PERSONNEL MATTERS.— 23 (1) IN GENERAL.—Members of the Commission 24 shall serve without any additional compensation. 25 VerDate Sep 11 2014 03:16 Mar 06, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H974.IH H974 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 974 IH (2) TRAVEL EXPENSES.—Members of the Com- 1 mission shall be allowed travel expenses, including 2 per diem in lieu of subsistence, as rates authorized 3 for employees of agencies under subchapter I of 4 chapter 57 of title 5, United States Code, while 5 away from their homes or regular places of business 6 in the performance of services for the Commission. 7 (3) STAFF.— 8 (A) IN GENERAL.—The Co-Chairpersons of 9 the Commission, may without regard to the civil 10 service laws and regulations, appoint and termi- 11 nate an executive director and such other addi- 12 tional personnel as may be necessary to enable 13 the Commission to perform its duties. The em- 14 ployment of an executive director shall be sub- 15 ject to confirmation by the Commission. 16 (B) COMPENSATION.—The Co-Chairper- 17 sons of the Commission may fix the compensa- 18 tion of the executive director and other per- 19 sonnel without regard to the provisions of chap- 20 ter 51 and subchapter III of chapter 53 of title 21 5, United States Code, relating to the classifica- 22 tion of positions and General Schedule pay 23 rates, except that the rate of pay for the execu- 24 tive director and other personnel may not ex- 25 VerDate Sep 11 2014 03:16 Mar 06, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H974.IH H974 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 974 IH ceed the rate payable for level V of the Execu- 1 tive Schedule under section 5613 of such title. 2 (4) DETAIL OF GOVERNMENT EMPLOYEES.— 3 Any Federal Government employee may be detailed 4 to the Commission without reimbursement, and such 5 detail shall be without interruption or loss of civil 6 service status or privilege. 7 (5) PROCUREMENT OF TEMPORARY AND INTER- 8 MITTENT SERVICES.—The Co-Chairpersons of each 9 Commission may procure temporary and intermit- 10 tent services under section 3109(b) of title 5, United 11 States Code, at rates for individuals which do not 12 exceed the daily equivalent of the annual rate of 13 basic pay prescribed for level V of the Executive 14 Schedule under section 5316 of such title. 15 (j) TERMINATION OF THE COMMISSION.—The Com- 16 mission established shall terminate 30 days after the date 17 on which the Commission submits the final report of the 18 Commission under subsection (f). 19 (k) RULES OF CONSTRUCTION.—Nothing in this Act 20 shall be construed to— 21 (1) impair or otherwise affect— 22 (A) authority granted by law to an execu- 23 tive department, agency, or the head thereof; or 24 VerDate Sep 11 2014 03:16 Mar 06, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H974.IH H974 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 974 IH (B) functions of the Director of the Office 1 of Management and Budget relating to budg- 2 etary, administrative, or legislative proposals; or 3 (2) create any right or benefit, substantive or 4 procedural, enforceable at law or in equity by any 5 party against the United States, its departments, 6 agencies, or entities, its officers, employees, or 7 agents, or any other person. 8 (l) AUTHORIZATION OF APPROPRIATIONS.— 9 (1) IN GENERAL.—There are authorized to be 10 appropriated to the Commission such sums as may 11 be necessary to carry out this Act. 12 (2) AVAILABILITY.—Any sums appropriated 13 under paragraph (1) shall remain available, without 14 fiscal year limitation, until expended. 15 (m) FEDERAL AGENCY DEFINED.—The term ‘‘Fed- 16 eral agency’’ means an establishment in the executive, leg- 17 islative, or judicial branch of the Federal Government. 18 SEC. 3. CONSIDERATION OF COMMISSION RECOMMENDA- 19 TIONS. 20 (a) SUBMISSION OF PROPOSED JOINT RESOLU- 21 TION.—Not later than 60 days after the date on which 22 the Commission submits a report to Congress under sec- 23 tion 2(f)(3), the President shall transmit to Congress a 24 special message on the report, accompanied by a proposed 25 VerDate Sep 11 2014 03:16 Mar 06, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H974.IH H974 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 974 IH joint resolution consisting of legislative language to imple- 1 ment the recommendations contained in such report. 2 (b) REQUIREMENTS FOR PREPARATION OF PRO- 3 POSED JOINT RESOLUTION.— 4 (1) CONSULTATION WITH CONGRESS.— 5 (A) IN GENERAL.—The President may not 6 transmit a proposed joint resolution under sub- 7 section (a) until after the President completes 8 consultation with Congress in accordance with 9 this paragraph. 10 (B) CONSULTATION WITH COMMITTEES.— 11 The President shall consult with the chairman 12 and ranking minority member of each relevant 13 committee of the Senate or of the House of 14 Representatives regarding the contents of a 15 proposed joint resolution. 16 (C) REQUIREMENTS FOR CONSULTA- 17 TION.—The consultation required under sub- 18 paragraph (B) shall provide the opportunity for 19 the chairman and ranking member of each rel- 20 evant committee of the Senate or of the House 21 of Representatives to provide— 22 (i) recommendations for alternative 23 means of addressing the recommendations 24 contained in the Commission report; and 25 VerDate Sep 11 2014 03:16 Mar 06, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H974.IH H974 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 974 IH (ii) recommendations regarding which 1 recommendations contained in the Com- 2 mission report should not be addressed in 3 the proposed joint resolution. 4 (D) RELEVANT COMMITTEES.—The rel- 5 evant committees of the Senate and the House 6 of Representatives for purposes of this para- 7 graph shall be— 8 (i) determined by the President; and 9 (ii) based on the content of the pro- 10 posed joint resolution. 11 (2) CONSULTATION WITH GAO AND CBO.—The 12 President shall prepare a proposed joint resolution 13 transmitted under subsection (a) in consultation 14 with the Comptroller General of the United States 15 and the Director of the Congressional Budget Office. 16 (c) CONTENTS OF SPECIAL MESSAGE.—A special 17 message transmitted under subsection (a) shall— 18 (1) specify recommendations outlined in the 19 Commission report that are excluded from the pro- 20 posed joint resolution; 21 (2) detail why the recommendations described 22 in pa [Text truncated for display. 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