To establish a Bipartisan Task Force for Responsible Fiscal Action, to assure the long-term fiscal stability and economic security of the Federal Government of the United States, and to expand future prosperity and growth for all Americans.

SA 3302. Mr. CONRAD (for himself and Mr. Gregg) proposed an amendment
to amendment SA 3299 proposed by Mr. Baucus (for Mr. Reid) to the joint
resolution H.J. Res. 45, Official Title Not Available; as follows:

At the appropriate place, insert the following:

SEC. __. BIPARTISAN TASK FORCE FOR RESPONSIBLE FISCAL ACTION
ACT OF 2010.

(a) Short Title.--This section may be cited as the
``Bipartisan Task Force for Responsible Fiscal Action Act of
2010''.
(b) Establishment of Task Force.--Title III of the
Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is
amended by adding at the end the following new section:

``establishment of task force for responsible fiscal action

``Sec. 316.  (a) Definitions.--In this section:
``(1) Task force.--The term `Task Force' means the
Bipartisan Task Force for Responsible Fiscal Action
established under subsection (b)(1).
``(2) Task force bill.--The term `Task Force bill' means a
bill consisting of the proposed legislative language of the
Task Force recommended under subsection (b)(3)(B) and
introduced under subsection (e)(1).
``(3) Fiscal imbalance.--The term `fiscal imbalance' means
the gap between the projected revenues and expenditures of
the Federal Government.
``(b) Establishment of Task Force.--
``(1) Establishment.--There is established in the
legislative branch a task force to be known as the
`Bipartisan Task Force for Responsible Fiscal Action'.
``(2) Purposes.--
``(A) Review.--The Task Force shall review the fiscal
imbalance of the Federal Government, including--
``(i) analyses of projected Federal expenditures;
``(ii) analyses of projected Federal revenues; and
``(iii) analyses of the current and long-term actuarial
financial condition of the Federal Government.
``(B) Identify factors.--The Task Force shall identify
factors that affect the long-term fiscal imbalance of the
Federal Government.
``(C) Analyze potential courses of action.--The Task Force
shall analyze potential courses of action to address factors
that affect the long-term fiscal imbalance of the Federal
Government.
``(D) Provide recommendations and legislative language.--
The Task Force shall provide recommendations and legislative
language that will significantly improve the long-term fiscal
imbalance of the Federal Government, which--
``(i) may include recommendations addressing--

``(I) Federal expenditures;
``(II) Federal revenues; and
``(III) the current and long-term actuarial financial
condition of the Federal Government; and

``(ii) may not make recommendations modifying the Standing
Rules of the Senate.
``(3) Duties.--
``(A) In general.--The Task Force shall address the
Nation's long-term fiscal imbalances, consistent with the
purposes described in paragraph (2), and shall submit the
report and recommendations required under subparagraph (B).
``(B) Report, recommendations, and legislative language.--
``(i) In general.--Not earlier than November 3, 2010, and
not later than November 9, 2010, the Task Force shall vote on
a report that contains--

``(I) a detailed statement of the findings, conclusions,
and recommendations of the Task Force;

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``(II) the assumptions, scenarios, and alternatives
considered in reaching such findings, conclusions, and
recommendations; and
``(III) proposed legislative language to carry out such
recommendations as described in paragraph (2)(D).

``(ii) Approval of report.--The report of the Task Force
submitted under clause (i) shall require the approval of not
fewer than 14 of the 18 members of the Task Force.
``(iii) Additional views.--A member of the Task Force who
gives notice of an intention to file supplemental, minority,
or additional views at the time of final Task Force approval
of the report under clause (ii), shall be entitled to not
less than 3 calendar days in which to file such views in
writing with the staff director of the Task Force. Such views
shall then be included in the Task Force report and printed
in the same volume, or part thereof, and their inclusion
shall be noted on the cover of the report. In the absence of
timely notice, the Task Force report may be printed and
transmitted immediately without such views.
``(iv) Transmission of report.--No later than November 15,
2010, the Task Force shall submit the Task Force bill and
final report to the President, the Vice President, the
Speaker of the House, and the Majority and Minority Leaders
of both Houses.
``(v) Report to be made public.--Upon the approval or
disapproval of the Task Force report pursuant to clause (ii),
the Task Force shall promptly make the full report, and a
record of the vote, available to the public.
``(4) Membership.--
``(A) In general.--The Task Force shall be composed of 18
members designated pursuant to subparagraph (B).
``(B) Designation.--Members of the Task Force shall be
designated as follows:
``(i) The President shall designate 2 members, one of whom
shall be the Secretary of the Treasury, and the other of whom
shall be an officer of the executive branch.
``(ii) The majority leader of the Senate shall designate 4
members from among Members of the Senate.
``(iii) The minority leader of the Senate shall designate 4
members from among Members of the Senate.
``(iv) The Speaker of the House of Representatives shall
designate 4 members from among Members of the House of
Representatives.
``(v) The minority leader of the House of Representatives
shall designate 4 members from among Members of the House of
Representatives.
``(C) Co-chairs.--
``(i) In general.--There shall be 2 Co-Chairs of the Task
Force. The President, majority leader of the Senate, and
Speaker of the House shall designate one Co-Chair among the
members of the Task Force. The minority leader of the Senate
and minority leader of the House shall designate the second
Co-Chair among the members of the Task Force. The Co-Chairs
shall be appointed not later than 14 days after the date of
enactment of this section.
``(ii) Staff director.--The Co-Chairs, acting jointly,
shall hire the staff director of the Task Force.
``(D) Date.--Members of the Task Force shall be designated
by not later than 14 days after the date of enactment of this
section.
``(E) Period of designation.--Members shall be designated
for the life of the Task Force. Any vacancy in the Task Force
shall not affect its powers, but shall be filled not later
than 14 days after the date on which the vacancy occurs in
the same manner as the original designation.
``(F) Compensation.--Members of the Task Force shall serve
without any additional compensation for their work on the
Task Force. However, members may be allowed travel expenses,
including per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code, while
away from their homes or regular places of business in
performance of services for the Task Force.
``(5) Administration.--
``(A) Authority to establish rules and regulations.--The
Co-Chairs, in consultation with the other members of the Task
Force, may establish rules and regulations for the conduct of
Task Force business, if such rules and regulations are not
inconsistent with this section or other applicable law.
``(B) Quorum.--Fourteen members of the Task Force shall
constitute a quorum for purposes of voting, meeting, and
holding hearings.
``(C) Voting.--
``(i) Proxy voting.--No proxy voting shall be allowed on
behalf of the members of the Task Force.
``(ii) Report, recommendations and legislative language.--

``(I) Dates.--The Task Force may not vote on any version of
the report, recommendations, or legislative language before
the timing provided for in paragraph (3)(B)(i).
``(II) Congressional budget office and joint committee on
taxation estimates.--The Congressional Budget Office and
Joint Committee on Taxation shall provide estimates of the
Task Force report and recommendations (as described in
subsection (b)(2)(D)) in accordance with section 308(a) and
201(f) of the Congressional Budget Act of 1974. The Task
Force may not vote on any version of the report,
recommendations, or legislative language unless a final
estimate is available for consideration by all the members at
least 72 hours prior to the vote.

``(D) Meetings.--
``(i) Initial meeting.--Not later than 45 days after the
date of enactment of this section, the Task Force shall hold
its first meeting.
``(ii) Meetings.--The Task Force shall meet at the call of
the Co-Chairs or at least 10 of its members.
``(iii) Agenda.--An agenda shall be provided to the Task
Force members at least 1 week in advance of any meeting. Task
Force members who want to have items placed on the agenda for
consideration shall notify the staff director as early as
possible, but not less than 48 hours in advance of a
scheduled meeting.
``(E) Hearings.--
``(i) In general.--Subject to subparagraph (G), the Task
Force may, for the purpose of carrying out this section, hold
such hearings, sit and act at such times and places, take
such testimony, receive such evidence, and administer such
oaths the Task Force considers advisable.
``(ii) Hearing procedures and responsibilities of co-
chairs.--

``(I) Announcement.--The Task Force Co-Chairs shall make
public announcement of the date, place, time, and subject
matter of any hearing to be conducted at least 1 week in
advance of such hearing, unless the Co-Chairs determine that
there is good cause to begin such hearing at an earlier date.
``(II) Written statement.--A witness appearing before the
Task Force shall file a written statement of proposed
testimony at least 2 days prior to appearance, unless the
requirement is waived by the Co-Chairs, following their
determination that there is good cause for failure of
compliance.

``(F) Technical assistance.--Upon written request of the
Co-Chairs, a Federal agency shall provide technical
assistance to the Task Force in order for the Task Force to
carry out its duties.
``(G) Information.--
``(i) Resources.--

``(I) In general.--Notwithstanding section 1108 of title
31, United States Code, the Task Force shall have authority
to access assistance, materials, resources, statistical data,
and other information the Task Force determines to be
necessary to carry out its duties directly from an officer or
employee of any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, including the Library of
Congress, the Chief Actuary of the Social Security
Administration, the Chief Actuary of the Centers for Medicare
& Medicaid Services, the Congressional Budget Office, the
Department of the Treasury, the Department of Health and
Human Services, the Office of Management and Budget, the
Government Accountability Office, and the Joint Committee on
Taxation. Each agency or instrumentality shall, to the extent
permitted by law, furnish such information to the Task Force
upon written request of the Co-Chairs.
``(II) Copies supplied.--Copies of written requests and all
written or electronic responses provided under this clause
shall be provided to the staff director and shall be made
available for review by all members of the Task Force upon
request.

``(ii) Receipt, handling, storage, and dissemination of
information.--Information shall only be received, handled,
stored, and disseminated by members of the Task Force and its
staff consistent with all applicable statutes, regulations,
and Executive orders.
``(iii) Limitation of access to tax information.--
Information accessed under this subparagraph shall not
include tax data from the United States Internal Revenue
Service, the release of which would otherwise be in violation
of law.
``(H) Postal services.--The Task Force may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
``(I) Assistance from federal agencies.--
``(i) General services administration.--Upon the request of
the Co-Chairs of the Task Force, the Administrator of General
Services shall provide to the Task Force, on a reimbursable
basis, the administrative support services necessary for the
Task Force to carry out its responsibilities under this
section. These administrative services may include human
resources management, budget, leasing, accounting, and
payroll services.
``(ii) Other departments and agencies.--In addition to the
assistance prescribed in clause (i), departments and agencies
of the United States may provide to the Task Force such
services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
``(J) Contract authority.--The Task Force is authorized to
enter into contracts with Federal and State agencies, private
firms, institutions, and individuals for the conduct of
activity necessary to the discharge of its duties and
responsibilities. A contract, lease, or other legal agreement
entered into by the Task Force may not extend beyond the date
of the termination of the Task Force.
``(c) Staff of Task Force.--
``(1) Appointment and compensation of shared staff.--The
Co-Chairs may appoint and fix the compensation of a staff
director and such other personnel as may be necessary to
enable the Task Force to carry out its functions, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, but at
rates not to exceed the daily rate paid a person occupying a
position at

[[Page S130]]

level III of the Executive Schedule under section 5314 of
title 5, United States Code.
``(2) Additional staff for task force members.--Each member
of the Task Force may appoint up to 2 additional dedicated
staff and fix the compensation of such dedicated personnel
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, but
at rates not to exceed the daily rate paid a person occupying
a position at level III of the Executive Schedule under
section 5314 of title 5, United States Code. Dedicated staff
shall report to each appointing member.
``(3) Personnel as federal employees.--
``(A) In general.--The staff director and any personnel of
the Task Force who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
``(B) Members of task force.--Subparagraph (A) shall not be
construed to apply to members of the Task Force.
``(4) Outside consultants.--No outside consultants or other
personnel, either by contract, detail, volunteer, or through
a remunerative agreement, may be hired without the approval
of the Co-Chairs.
``(5) Detailees.--With the approval of the Co-Chairs any
Federal Government employee may be detailed to the Task Force
with or without reimbursement from the Task Force, and such
detailee shall retain the rights, status, and privileges of
his or her regular employment without interruption.
Reimbursable amounts may include the fair value of equipment
and supplies used by the detailee in support of the Task
Force's activities. For the purpose of this paragraph,
Federal Government employees shall include employees of the
legislative branch.
``(6) Consultant services.--The Co-Chairs of the Task Force
are authorized to procure the services of experts and
consultants in accordance with section 3109 of title 5,
United States Code, but at rates not to exceed the daily rate
paid a person occupying a position at level III of the
Executive Schedule under section 5316 of title 5, United
States Code.
``(7) Temporary and intermittent services.--The Co-Chairs
of the Task Force may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for
level III of the Executive Schedule under section 5316 of
such title.
``(8) Volunteer services.--
``(A) In general.--Notwithstanding the provisions of
section 1342 of title 31, United States Code, the Co-Chairs
of the Task Force are authorized to accept and utilize the
services of volunteers serving without compensation. The Task
Force may reimburse such volunteers for local travel and
office supplies, and for other travel expenses, including per
diem in lieu of substance, as authorized by section 5703 of
title 5, United States Code.
``(B) Employee status.--A person providing volunteer
services to the Task Force shall be considered an employee of
the Federal Government in the performance of those services
for the purposes of Chapter 81 of title 5, United States
Code, relating to compensation for work-related injuries,
chapter 171 of title 28, United States Code, relating to tort
claims and chapter 11 of title 18, United States Code,
relating to conflicts of interests.
``(C) Ethical guidelines for staff.--In the absence of
statutorily defined coverage, the staff, including staff
director, shall follow the ethical rules and guidelines of
the Senate. Staff coming from the private sector or outside
public government may petition the Co-Chairs for a waiver
from provisions of Senate Ethics rules.
``(9) Advisory panel.--The Task Force may establish an
advisory panel consisting of volunteers with knowledge and
expertise relevant to the Task Force's purpose. Membership of
the Advisory Panel, and the scope of the Panel's activities,
shall be decided by the Co-Chairs in consultation with the
other members of the Task Force.
``(d) Termination.--
``(1) In general.--The Task Force shall terminate on the
date that is 90 days after the Task Force submits the report
required under paragraph (b)(3)(B).
``(2) Concluding activities.--The Task Force may use the
90-day period referred to in paragraph (1) for the purpose of
concluding its activities, including providing testimony to
committees of Congress concerning its report and
disseminating the final report.
``(e) Expedited Consideration of Task Force
Recommendations.--
``(1) Introduction.--
``(A) Reconvening.--
``(i) In the house of representatives.--Upon receipt of a
report under subsection (b)(3)(B), the Speaker, if the House
would otherwise be adjourned, shall notify the Members of the
House that, pursuant to this section, the House shall convene
not later than November 23, 2010.
``(ii) In the senate.--

``(I) Convening.--Upon receipt of a report under subsection
(b)(3)(B), if the Senate has adjourned or recessed for more
than 2 days, the majority leader of the Senate, after
consultation with the minority leader of the Senate, shall
notify the Members of the Senate that, pursuant to this
section, the Senate shall convene not later than November 23,
2010.
``(II) Adjourning.--No concurrent resolution adjourning the
Senate for more than 3 days shall be in order until the
Senate votes on passage of the Task Force bill under
paragraph (2)(B)(iv).

``(B) Introduction of task force bill.--The proposed
legislative language contained in the report submitted
pursuant to subsection (b)(3)(B), upon receipt by the
Congress, shall be introduced not later than November 23,
2010, in the Senate and in the House of Representatives by
the majority leader of each House of Congress, for himself,
the minority leader of each House of Congress, for himself,
or any member of the House designated by the majority leader
or minority leader. If the Task Force bill is not introduced
in accordance with the preceding sentence in either House of
Congress, then any Member of that House may introduce the
Task Force bill on any day thereafter. Upon introduction, the
Task Force bill shall be referred to the appropriate
committees under subparagraph (C).
``(C) Committee consideration.--A Task Force bill
introduced in either House of Congress shall be jointly
referred to the committee or committees of jurisdiction and
the Committee on the Budget of that House, which committees
shall report the bill without any revision and with a
favorable recommendation, an unfavorable recommendation, or
without recommendation, not later than 7 calendar days after
the date of introduction of the bill in that House, or the
first day thereafter on which that House is in session. If
any committee fails to report the bill within that period,
that committee shall be automatically discharged from
consideration of the bill, and the bill shall be placed on
the appropriate calendar.
``(2) Expedited procedures.--
``(A) Fast track consideration in house of
representatives.--
``(i) Proceeding to consideration.--It shall be in order,
not later than 2 days of session after the date on which a
Task Force bill is reported or discharged from all committees
to which it was referred, for the majority leader of the
House of Representatives or the majority leader's designee,
to move to proceed to the consideration of the Task Force
bill. It shall also be in order for any Member of the House
of Representatives to move to proceed to the consideration of
the Task Force bill at any time after the conclusion of such
2-day period. All points of order against the motion are
waived. Such a motion shall not be in order after the House
has disposed of a motion to proceed on the Task Force bill.
The previous question shall be considered as ordered on the
motion to its adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in order.
``(ii) Consideration.--The Task Force bill shall be
considered as read. All points of order against the Task
Force bill and against its consideration are waived. The
previous question shall be considered as ordered on the Task
Force bill to its passage without intervening motion except
100 hours of debate equally divided and controlled by the
proponent and an opponent, and any motion to limit debate. A
motion to reconsider the vote on passage of the Task Force
bill shall not be in order.
``(iii) Appeals.--Appeals from decisions of the chair
relating to the application of the Rules of the House of
Representatives to the procedure relating to a Task Force
bill shall be decided without debate.
``(iv) Application of house rules.--Except to the extent
specifically provided in paragraph (2)(A), consideration of a
Task Force bill shall be governed by the Rules of the House
of Representatives. It shall not be in order in the House of
Representatives to consider any Task Force bill introduced
pursuant to the provisions of this subsection under a
suspension of the rules pursuant to Clause 1 of House Rule
XV, or under a special rule reported by the House Committee
on Rules.
``(v) No amendments.--No amendment to the Task Force bill
shall be in order in the House of Representatives.
``(vi) Vote on passage.--Immediately following the
conclusion of consideration of the Task Force bill, the vote
on passage of the Task Force bill shall occur without any
intervening action or motion, requiring an affirmative vote
of three-fifths of the Members, duly chosen and sworn. If the
Task Force bill is passed, the Clerk of the House of
Representatives shall cause the bill to be transmitted to the
Senate before the close of the next day of session of the
House. The vote on passage shall occur not later than
December 23, 2010.
``(vii) Vote.--The House Committee on Rules may not report
a rule or order that would have the effect of causing the
Task Force bill to be approved by a vote of less than three-
fifths of the Members, duly chosen and sworn.
``(B) Fast track consideration in senate.--
``(i) In general.--Notwithstanding Rule XXII of the
Standing Rules of the Senate, it is in order, not later than
2 days of session after the date on which a Task Force bill
is reported or discharged from all committees to which it was
referred, for the majority leader of the Senate or the
majority leader's designee to move to proceed to the
consideration of the Task Force bill. It shall also be in
order for any Member of the Senate to move to proceed to the
consideration of the

[[Page S131]]

Task Force bill at any time after the conclusion of such 2-
day period. A motion to proceed is in order even though a
previous motion to the same effect has been disagreed to. All
points of order against the motion to proceed to the Task
Force bill are waived. The motion to proceed is not
debatable. The motion is not subject to a motion to postpone.
A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order. If a motion to
proceed to the consideration of the Task Force bill is agreed
to, the Task Force bill shall remain the unfinished business
until disposed of.
``(ii) Debate.--All points of order against the Task Force
bill and against consideration of the Task Force bill are
waived. Consideration of the Task Force bill and of all
debatable motions and appeals in connection therewith shall
not exceed a total of 100 hours. Debate shall be divided
equally between the Majority and Minority Leaders or their
designees. A motion further to limit debate on the Task Force
bill is in order, shall require an affirmative vote of three-
fifths of the Members duly chosen and sworn, and is not
debatable. Any debatable motion or appeal is debatable for
not to exceed 1 hour, to be divided equally between those
favoring and those opposing the motion or appeal. All time
used for consideration of the Task Force bill, including time
used for quorum calls and voting, shall be counted against
the total 100 hours of consideration.
``(iii) No amendments.--An amendment to the Task Force
bill, or a motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
Task Force bill, is not in order.
``(iv) Vote on passage.--The vote on passage shall occur
immediately following the conclusion of the debate on a Task
Force bill, and a single quorum call at the conclusion of the
debate if requested. Passage shall require an affirmative
vote of three-fifths of the Members, duly chosen and sworn.
The vote on passage shall occur not later than December 23,
2010.
``(v) Adjournment.--If, by December 23, 2010, either House
has failed to adopt a motion to proceed to the Task Force
bill, paragraph (1)(A)(ii)(II) shall not apply.
``(vi) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the
rules of the Senate, as the case may be, to the procedure
relating to a Task Force bill shall be decided without
debate.
``(C) Rules to coordinate action with other house.--
``(i) Referral.--If, before the passage by 1 House of a
Task Force bill of that House, that House receives from the
other House a Task Force bill, then the Task Force bill of
the other House shall not be referred to a committee and
shall immediately be placed on the calendar.
``(ii) Procedure.--If the Senate receives the Task Force
bill passed by the House of Representatives before the Senate
has voted on passage of the Task Force bill--

``(I) the procedure in the Senate shall be the same as if
no Task Force bill had been received from House of
Representatives; and
``(II) the vote on passage in the Senate shall be on the
Task Force bill of the House of Representatives.

``(iii) Treatment of task force bill of other house.--If 1
House fails to introduce or consider a Task Force bill under
this section, the Task Force bill of the other House shall be
entitled to expedited floor procedures under this section.
``(iv) Treatment of companion measures in the senate.--If
following passage of the Task Force bill in the Senate, the
Senate then receives the Task Force bill from the House of
Representatives, the House-passed Task Force bill shall not
be debatable. The vote on passage of the Task Force bill in
the Senate shall be considered to be the vote on passage of
the Task Force bill received from the House of
Representatives.
``(v) Vetoes.--If the President vetoes the Task Force bill,
debate on a veto message in the Senate under this section
shall be 1 hour equally divided between the majority and
minority leaders or their designees.
``(3) Suspension.--No motion to suspend the application of
this subsection shall be in order in the Senate or in the
House of Representatives.''.
(c) Funding.--From the amounts appropriated or made
available and remaining unobligated under Division A (other
than under title X of Division A) of the American Recovery
and Reinvestment Act of 2009 (Pub. Law 111-5), there is
rescinded pro rata an aggregate amount equal to $9,000,000,
which amount shall be made available without need for further
appropriation to the Bipartisan Task Force for Responsible
Fiscal Action to carry out the purposes of the Bipartisan
Task Force for Responsible Fiscal Action, and which shall
remain available through fiscal year 2011. Not later than 14
days after the date of enactment of this section, the
Director of the Office of Management and Budget shall
administer the rescission and make available such amount to
the Bipartisan Task Force for Responsible Fiscal Action.

____________________