II 

109TH CONGRESS 

2D SESSION S. 3507 

To establish a National Commission on Entitlement Solvency. 

IN THE SENATE OF THE UNITED STATES 

JUNE 14, 2006 

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

to the Committee on Finance 

A BILL 

To establish a National Commission on Entitlement Solvency. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Commission 

5 on Entitlement Solvency Act of 2006’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Centers for 

10 Medicare & Medicaid Services. 

11 (2) CALENDAR DAY.—The term ‘‘calendar day’’ 

12 means a calendar day other than such a day in 


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1 which either House is not in session because of an 

2 adjournment of more than 3 days to a date certain. 

3 (3) COMMISSION.—The term ‘‘Commission’’ 

4 means the National Commission on Entitlement Sol5 vency established under section 3(a). 

6 (4) COMMISSION BILL.—The term ‘‘Commission 

7 bill’’ means a bill consisting of the proposed legisla8 tive language provisions of the Commission intro9 duced under section 4(a). 

10 (5) COMMISSIONER.—The term ‘‘Commis11 sioner’’ means the Commissioner of Social Security. 

12 (6) LONG-TERM.—The term ‘‘long-term’’ means 

13 a period of not less than 75 years beginning on the 

14 date of enactment of this Act. 

15 (7) MEDICARE.—The term ‘‘Medicare’’ means 

16 the program established under title XVIII of the So17 cial Security Act (42 U.S.C. 1395 et seq.). 

18 (8) SOCIAL SECURITY.—The term ‘‘Social Secu19 rity’’ means the program of old-age, survivors, and 

20 disability insurance benefits established under title 

21 II of the Social Security Act (42 U.S.C. 401 et 

22 seq.). 

23 (9) SOLVENCY.—The term ‘‘Solvency’’ means— 

24 (A) in relation to Social Security, any year 

25 in which the balance ratio (as defined under 


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1 section 709(b) of the Social Security Act (42 

2 U.S.C. 910(b)) of the Federal Old-Age and 

3 Survivors Insurance Trust Fund and the Fed4 eral Disability Insurance Trust Fund estab5 lished under section 201 of the Social Security 

6 Act (42 U.S.C. 401) is greater than zero; and 

7 (B) in relation to the Medicare program, 

8 any year in which there is not excess general 

9 revenue medicare funding (as defined in section 

10 801(c)(1) of the Medicare Prescription Drug, 

11 Improvement, and Modernization Act of 2003 

12 (Public Law 108–173; 117 Stat. 2358)). 

13 SEC. 3. ESTABLISHMENT OF COMMISSION. 

14 (a) ESTABLISHMENT.—There is established a com15 mission to be known as the ‘‘National Commission on En16 titlement Solvency’’. 

17 (b) PURPOSE.—The Commission shall conduct a 

18 comprehensive review of the Social Security and Medicare 

19 programs for the following purposes: 

20 (1) REVIEW.—Reviewing relevant analyses of 

21 the current and long-term actuarial financial condi22 tion of the Social Security and Medicare programs. 

23 (2) IDENTIFYING PROBLEMS.—Identifying 

24 problems that may threaten the long-term solvency 

25 of the Social Security and Medicare programs. 


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1 (3) ANALYZING POTENTIAL SOLUTIONS.—Ana2 lyzing potential solutions to problems that threaten 

3 the long-term solvency of the Social Security and 

4 Medicare programs. 

5 (4) PROVIDING RECOMMENDATIONS.—Providing 

6 recommendations that will ensure the long-term sol7 vency of the Social Security and Medicare programs 

8 and the provision of appropriate benefits. 

9 (c) DUTIES.— 

10 (1) IN GENERAL.—The Commission shall con11 duct a comprehensive review of the Social Security 

12 and Medicare programs consistent with the purposes 

13 described in subsection (b) and shall submit the re14 port required under paragraph (2). 

15 (2) REPORT AND RECOMMENDATIONS.— 

16 (A) IN GENERAL.—Not later than May 1, 

17 2007, the Commission shall submit a report on 

18 the long-term solvency of the Social Security 

19 and Medicare programs that contains a detailed 

20 statement of the findings, conclusions, and rec21 ommendations of the Commission to the Presi22 dent, Congress, the Commissioner, and the Ad23 ministrator. 

24 (B) FINDINGS, CONCLUSIONS, AND REC25 OMMENDATIONS.—A finding, conclusion, or recVerDate Aug 31 2005 03:33 Jun 15, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3507.IS S3507

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1 ommendation of the Commission shall be in2 cluded in the report under subparagraph (A) 

3 only if not less than 10 members of the Com4 mission voted for such finding, conclusion, or 

5 recommendation. 

6 (C) LEGISLATIVE LANGUAGE.—If a rec7 ommendation submitted under subparagraph 

8 (A) involves legislative action, the report shall 

9 include proposed legislative language to carry 

10 out such action. 

11 (d) MEMBERSHIP.— 

12 (1) NUMBER AND APPOINTMENT.—The Com13 mission shall be composed of 15 members of 

14 whom— 

15 (A) three shall be appointed by the Presi16 dent; 

17 (B) three shall be appointed by the major18 ity leader of the Senate; 

19 (C) three shall be appointed by the minor20 ity leader of the Senate; 

21 (D) three shall be appointed by the Speak22 er of the House of Representatives; and 

23 (E) three shall be appointed by the minor24 ity leader of the House of Representatives. 


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1 (2) CO-CHAIRPERSONS.—The President shall 

2 designate 2 Co-chairpersons from among the mem3 bers of the Commission appointed under paragraph 

4 (1)(A), neither of whom may be affiliated with the 

5 same political party. 

6 (3) DATE.—Members of the Commission shall 

7 be appointed by not later than 30 days after the 

8 date of enactment of this Act. 

9 (4) PERIOD OF APPOINTMENT.—Members shall 

10 be appointed for the life of the Commission. Any va11 cancy in the Commission shall not affect its powers, 

12 but shall be filled in the same manner as the origi13 nal appointment. 

14 (5) TERMINATION.—The Commission shall ter15 minate on the date that is 90 days after the Com16 mission submits the report required under sub17 section (c)(2). 

18 (e) ADMINISTRATION.— 

19 (1) QUORUM.—Eight members of the Commis20 sion shall constitute a quorum for purposes of vot21 ing, but a quorum is not required for members to 

22 meet and hold hearings. 

23 (2) MEETINGS.—The Commission shall meet at 

24 the call of the Co-chairpersons or a majority of its 

25 members. 


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1 (3) HEARINGS.—The Commission may, for the 

2 purpose of carrying out this section— 

3 (A) hold such hearings, sit and act at such 

4 times and places, take such testimony, receive 

5 such evidence, and administer such oaths the 

6 Commission considers advisable; 

7 (B) require, by subpoena or otherwise, the 

8 attendance and testimony of such witnesses the 

9 Commission considers advisable; and 

10 (C) require, by subpoena or otherwise, the 

11 production of such books, records, correspond12 ence, memoranda, papers, documents, tapes, 

13 and other evidentiary materials relating to any 

14 matter under investigation by the Commission. 

15 (4) SUBPOENAS.— 

16 (A) ISSUANCE.— 

17 (i) IN GENERAL.—A subpoena may be 

18 issued under this subsection only— 

19 (I) by the agreement of the Co20 chairpersons of the Commission; or 

21 (II) by the affirmative vote of 8 

22 members of the Commission. 

23 (ii) SIGNATURE.—Subpoenas issued 

24 under this subsection maybe issued under 


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1 the signature of the Co-chairpersons of the 

2 Commission and may be served— 

3 (I) by any person designated by 

4 the Co-chairpersons; or 

5 (II) by a member designated by a 

6 majority of the Commission. 

7 (B) ENFORCEMENT.—In the case of contu8 macy or failure to obey a subpoena issued 

9 under this subsection, the United States district 

10 court for the judicial district in which the sub11 poenaed person resides, is served, or may be 

12 found, may issue an order requiring such per13 son to appear at any designated place to testify 

14 or to produce documentary or other evidence. 

15 Any failure to obey the order of the court may 

16 be punished by the court as a contempt of that 

17 court. 

18 (5) COMPENSATION.—Members of the Commis19 sion shall serve without any additional compensation 

20 for their work on the Commission. However, mem21 bers may be allowed travel expenses, including per 

22 diem in lieu of subsistence, in accordance with sec23 tions 5702 and 5703 of title 5, United States Code, 

24 while away from their homes or regular places of 


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1 business in performance of services for the Commis2 sion. 

3 (6) STAFF.— 

4 (A) DIRECTOR.—The Commission shall 

5 have a staff headed by an Executive Director. 

6 (B) STAFF APPOINTMENT.—The Executive 

7 Director may appoint such personnel as the Ex8 ecutive Director and the Commission deter9 mines to be appropriate. 

10 (C) ACTUARIAL EXPERTS AND CONSULT11 ANTS.—With the approval of the Commission, 

12 the Executive Director may procure temporary 

13 and intermittent services under section 3109(b) 

14 of title 5, United States Code. 

15 (D) FEDERAL AGENCIES.— 

16 (i) DETAIL OF GOVERNMENT EMPLOY17 EES.—Upon the request of the Commis18 sion, the head of any Federal agency may 

19 detail, without reimbursement, any of the 

20 personnel of such agency to the Commis21 sion to assist in carrying out the duties of 

22 the Commission. Any such detail shall not 

23 interrupt or otherwise affect the civil serv24 ice status or privileges of the Federal em25 ployee. 


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1 (ii) TECHNICAL ASSISTANCE.—Upon 

2 the request of the Commission, the head of 

3 a Federal agency shall provide such tech4 nical assistance to the Commission as the 

5 Commission determines to be necessary to 

6 carry out its duties. 

7 (E) RESOURCES.—The Commission shall 

8 have reasonable access to materials, resources, 

9 statistical data, and other information the Com10 mission determines to be necessary to carry out 

11 its duties from the Library of Congress, the 

12 Chief Actuary of Social Security, the Chief Ac13 tuary of the Centers for Medicare & Medicaid 

14 Services, the Congressional Budget Office, and 

15 other agencies and representatives of the execu16 tive and legislative branches of the Federal 

17 Government. The Chairpersons shall make re18 quests for such access in writing when nec19 essary. 

20 (f) FUNDING.—The Commission shall receive, from 

21 amounts appropriated to the Commissioner and the Ad22 ministrator, respectively, for fiscal year 2007 for adminis23 trative expenses, such sums as are necessary to carry out 

24 the purposes of this section. 


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1 SEC. 4. EXPEDITED CONSIDERATION OF COMMISSION REC2 OMMENDATIONS. 

3 (a) INTRODUCTION AND COMMITTEE CONSIDER4 ATION.— 

5 (1) INTRODUCTION.—The aggregate legislative 

6 language provisions submitted pursuant to section 

7 3(c)(2)(C) shall be combined into a Commission bill 

8 and shall be introduced in the Senate by the major9 ity leader, and in the House of Representatives, by 

10 the Speaker. Upon such introduction, the Commis11 sion bill shall be referred to the appropriate commit12 tees of Congress under paragraph (2). If the Com13 mission bill is not introduced in accordance with the 

14 preceding sentence, then any member of Congress 

15 may introduce the Commission bill in their respec16 tive House of Congress beginning on the date that 

17 is the 5th calendar day that such House is in session 

18 following the date of the submission of such aggre19 gate legislative language provisions. 

20 (2) COMMITTEE CONSIDERATION.— 

21 (A) REFERRAL.—A Commission bill intro22 duced in the Senate shall be referred to the 

23 Committee on Finance of the Senate. A Com24 mission bill introduced in the House of Rep25 resentatives shall be referred to the Committee 

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1 ergy and Commerce of the House of Represent2 atives. 

3 (B) REPORTING.—Not later than 30 cal4 endar days after the introduction of the Com5 mission bill, each Committee of Congress to 

6 which the Commission bill was referred shall re7 port the bill or a committee amendment thereto. 

8 (C) DISCHARGE OF COMMITTEE.—If a 

9 committee to which is referred a Commission 

10 bill has not reported such Commission bill at 

11 the end of 30 calendar days after its introduc12 tion or at the end of the first day after there 

13 has been reported to the House involved a Com14 mission bill, whichever is earlier, such com15 mittee shall be deemed to be discharged from 

16 further consideration of such Commission bill, 

17 and such Commission bill shall be placed on the 

18 appropriate calendar of the House involved. 

19 (b) EXPEDITED PROCEDURE.— 

20 (1) CONSIDERATION.— 

21 (A) IN GENERAL.—Not later than 7 cal22 endar days after the date on which a committee 

23 has been discharged from consideration of a 

24 Commission bill, the majority leader of the Sen25 ate, or the majority leader’s designee, or the 


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1 Speaker of the House of Representatives, or the 

2 Speaker’s designee, shall move to proceed to the 

3 consideration of the committee amendment to 

4 the Commission bill, and if there is no such 

5 amendment, to the Commission bill. It shall 

6 also be in order for any member of the Senate 

7 or the House of Representatives, respectively, to 

8 move to proceed to the consideration of the 

9 Commission bill at any time after the conclu10 sion of such 7-day period. 

11 (B) MOTION TO PROCEED.—A motion to 

12 proceed to the consideration of a Commission 

13 bill is highly privileged in the House of Rep14 resentatives and is privileged in the Senate and 

15 is not debatable. The motion is not subject to 

16 amendment, to a motion to postpone consider17 ation of the Commission bill, or to a motion to 

18 proceed to the consideration of other business. 

19 A motion to reconsider the vote by which the 

20 motion to proceed is agreed to or not agreed to 

21 shall not be in order. If the motion to proceed 

22 is agreed to, the Senate or the House of Rep23 resentatives, as the case may be, shall imme24 diately proceed to consideration of the Commis25 sion bill without intervening motion, order, or 


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1 other business, and the Commission bill shall 

2 remain the unfinished business of the Senate or 

3 the House of Representatives, as the case may 

4 be, until disposed of. 

5 (C) LIMITED DEBATE.—Debate on the 

6 Commission bill and all amendments thereto 

7 and on all debatable motions and appeals in 

8 connection therewith shall be limited to not 

9 more than 50 hours, which shall be divided 

10 equally between those favoring and those oppos11 ing the Commission bill. A motion further to 

12 limit debate on the Commission bill is in order 

13 and is not debatable. All time used for consider14 ation of the Commission bill, including time 

15 used for quorum calls (except quorum calls im16 mediately preceding a vote) and voting, shall 

17 come from the 50 hours of debate. 

18 (D) AMENDMENTS.—No amendment that 

19 is not germane to the provisions of the Commis20 sion bill shall be in order in the Senate. In the 

21 Senate, an amendment, any amendment to an 

22 amendment, or any debatable motion or appeal 

23 is debatable for not to exceed 1 hour to be di24 vided equally between those favoring and those 

25 opposing the amendment, motion, or appeal. 


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1 (E) VOTE ON FINAL PASSAGE.—Imme2 diately following the conclusion of the debate on 

3 the Commission bill, and the disposition of any 

4 pending amendments under subparagraph (D), 

5 the vote on final passage of the Commission bill 

6 shall occur. 

7 (F) OTHER MOTIONS NOT IN ORDER.—A 

8 motion to postpone consideration of the Com9 mission bill, a motion to proceed to the consid10 eration of other business, or a motion to recom11 mit the Commission bill is not in order. A mo12 tion to reconsider the vote by which the Com13 mission bill is agreed to or not agreed to is not 

14 in order. 

15 (2) CONSIDERATION BY OTHER HOUSE.—If, be16 fore the passage by one House of the Commission 

17 bill that was introduced in such House, such House 

18 receives from the other House a Commission bill as 

19 passed by such other House— 

20 (A) the Commission bill of the other House 

21 shall not be referred to a committee and may 

22 only be considered for final passage in the 

23 House that receives it under subparagraph (C); 

24 (B) the procedure in the House in receipt 

25 of the Commission bill of the other House, with 


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1 respect to the Commission bill that was intro2 duced in the House in receipt of the Commis3 sion bill of the other House, shall be the same 

4 as if no Commission bill had been received from 

5 the other House; and 

6 (C) notwithstanding subparagraph (B), the 

7 vote on final passage shall be on the Commis8 sion bill of the other House. 

9 Upon disposition of a Commission bill that is re10 ceived by one House from the other House, it shall 

11 no longer be in order to consider the Commission bill 

12 that was introduced in the receiving House. 

13 (3) CONSIDERATION IN CONFERENCE.— 

14 (A) CONVENING OF CONFERENCE.—Imme15 diately upon final passage of a Commission bill 

16 that results in a disagreement between the two 

17 Houses of Congress with respect to a Commis18 sion bill, conferees shall be appointed and a 

19 conference convened. 

20 (B) ACTION ON CONFERENCE REPORTS IN

21 THE SENATE.— 

22 (i) MOTION TO PROCEED.—The mo23 tion to proceed to consideration in the Sen24 ate of the conference report on a Commis25 sion bill may be made even though a preVerDate Aug 31 2005 03:33 Jun 15, 2006 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3507.IS S3507

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1 vious motion to the same effect has been 

2 disagreed to. 

3 (ii) DEBATE.—Consideration in the 

4 Senate of the conference report (including 

5 a message between Houses) on a Commis6 sion bill, and all amendments in disagree7 ment, including all amendments thereto, 

8 and debatable motions and appeals in con9 nection therewith, shall be limited to 20 

10 hours, equally divided and controlled by 

11 the majority leader and the minority leader 

12 or their designees. Debate on any debat13 able motion or appeal related to the con14 ference report (or a message between 

15 Houses) shall be limited to 1 hour, to be 

16 equally divided between, and controlled by, 

17 the mover and the manager of the con18 ference report (or a message between 

19 Houses). 

20 (iii) CONFERENCE REPORT DE21 FEATED.—Should the conference report be 

22 defeated, debate on any request for a new 

23 conference and the appointment of 

24 conferrees shall be limited to 1 hour, to be 

25 equally divided between, and controlled by, 


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1 the manager of the conference report and 

2 the minority leader or the minority leader’s 

3 designee, and should any motion be made 

4 to instruct the conferees before the con5 ferees are named, debate on such motion 

shall be limited to 1 6 ⁄2 hour, to be equally 

7 divided between, and controlled by, the 

8 mover and the manager of the conference 

9 report. Debate on any amendment to any 

10 such instructions shall be limited to 20 

11 minutes, to be equally divided between and 

12 controlled by the mover and the manager 

13 of the conference report. In all cases when 

14 the manager of the conference report is in 

15 favor of any motion, appeal, or amend16 ment, the time in opposition shall be under 

17 the control of the minority leader or the 

18 minority leader’s designee. 

19 (iv) AMENDMENTS IN DISAGREE20 MENT.—In any case in which there are 

21 amendments in disagreement, time on each 

22 amendment shall be limited to 30 minutes, 

23 to be equally divided between, and con24 trolled by, the manager of the conference 

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1 nority leader’s designee. No amendment 

2 that is not germane to the provisions of 

3 such amendments shall be received. 

4 (v) LIMITATION ON MOTION TO RE5 COMMIT.—A motion to recommit the con6 ference report is not in order. 

7 (c) RULES OF THE SENATE AND THE HOUSE OF

8 REPRESENTATIVES.—This section is enacted by Con9 gress— 

10 (1) as an exercise of the rulemaking power of 

11 the Senate and the House of Representatives, re12 spectively, and is deemed to be part of the rules of 

13 each House, respectively, but applicable only with re14 spect to the procedure to be followed in that House 

15 in the case of a Commission bill, and it supersedes 

16 other rules only to the extent that it is inconsistent 

17 with such rules; and 

18 (2) with full recognition of the constitutional 

19 right of either House to change the rules (so far as 

20 they relate to the procedure of that House) at any 

21 time, in the same manner, and to the same extent 

22 as in the case of any other rule of that House. 

Æ 


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