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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1557 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1557

To establish a commission to develop legislation designed to reform tax 
   policy and entitlement benefit programs and ensure a sound fiscal 
         future for the United States, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2009

 Mr. Cooper (for himself, Mr. Wolf, Mr. Boyd, Mr. Moore of Kansas, Mr. 
 Ross, Mr. Melancon, Mr. Gordon of Tennessee, Mr. Boswell, Mr. Shuler, 
 Ms. Bean, Mr. Donnelly of Indiana, Ms. Herseth Sandlin, Ms. Giffords, 
Mr. Matheson, Mr. Costa, Mr. Hill, Mr. Kind, Mr. Moran of Virginia, Mr. 
Larsen of Washington, Mr. Childers, Mr. Minnick, Mr. Bishop of Georgia, 
   Mr. Wilson of Ohio, Mr. Ellsworth, Mr. Griffith, Mr. Michaud, Mr. 
    Schiff, Mr. Kratovil, Mr. Castle, Mr. Jones, Mr. Bartlett, Mr. 
 Kingston, Mr. Wamp, Mr. Blunt, Mr. Latham, Mr. Inglis, Mr. Culberson, 
  Mr. Ehlers, Mr. Gohmert, Mr. Bachus, Mr. Garrett of New Jersey, Mr. 
   Westmoreland, Mr. Heller, Mr. Flake, Mr. Tiberi, Mr. Wittman, Mr. 
  Goodlatte, Mr. Campbell, Mr. Hensarling, Mr. Carter, Mr. Cole, Mr. 
Putnam, Mr. Stearns, and Mr. Kirk) introduced 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 concerned

_______________________________________________________________________

                                 A BILL

 
To establish a commission to develop legislation designed to reform tax 
   policy and entitlement benefit programs and ensure a sound fiscal 
         future for the United States, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing America's Future Economy 
Commission Act'' or the ``SAFE Commission Act''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``Securing 
America's Future Economy Commission'' (hereinafter in this Act referred 
to as the ``Commission'').

SEC. 3. 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 provide 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.
            (2) Policy solutions.--Legislation developed to address the 
        issues described in paragraph (1) may include the following:
                    (A) Reforms that limit the growth of entitlement 
                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 encouraging 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 method must--
                    (A) be designed to address any shortcomings in the 
                method currently used with regard to estimating the 
                positive economic effects of legislation; and
                    (B) consider the use of automatic stabilizers or 
                triggers to enforce spending and revenue 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 14.

SEC. 4. 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 comments and suggestions regarding, 
the issues described in section 3, policies designed to address the 
issues, and tradeoffs between the policies.

SEC. 5. REPORT.

    The Commission shall, not later than 1 year after the date of the 
enactment of this Act, submit a report to Congress 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 fiscal problems 
        faced by the United States.
            (5) A list of policy options for addressing those problems.
            (6) Criteria for the legislative proposal to be developed 
        by the Commission.

SEC. 6. LEGISLATIVE PROPOSAL.

    (a) In General.--Not later than 60 days after the date the report 
is submitted under section 5 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 3.
    (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 Commission 
        report.
    (c) Inclusion of Cost Estimate.--The Commission shall submit with 
the proposal--
            (1) a long-term CBO cost estimate prepared under section 14 
        for the proposal; and
            (2) if an alternative cost estimate method is developed by 
        the Commission, a 50-year cost estimate using such method.

SEC. 7. MEMBERSHIP AND MEETINGS.

    (a) In General.--The Commission shall be composed of 16 voting 
members appointed pursuant to paragraph (1) and 2 nonvoting members 
described in paragraph (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;
                    (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 minority 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 minority 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 assist 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 commission.--Each 
        appointing authority described in subsection (a)(1) who is a 
        Member of Congress shall appoint 1 Member of Congress to the 
        Commission but 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 appointing 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 vacancy occurs and in the 
        manner in which the original appointment was made.
    (e) Pay and Reimbursement.--
            (1) No compensation for members of commission.--Except as 
        provided in paragraph (2), a member of the Commission may not 
        receive pay, allowances, or benefits by reason of their service 
        on the Commission.
            (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 members.
    (g) Quorum.--Six voting members of the Commission shall constitute 
a quorum, but a lesser number may hold hearings.

SEC. 8. DIRECTOR AND STAFF OF COMMISSION.

    (a) Director.--
            (1) In general.--Subject to subsection (c) and to the 
        extent provided in advance in appropriation 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 coordination 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 director may appoint and fix the pay of 
additional personnel.
    (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 competitive 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 subsection (b) may not exceed a rate equal to the daily 
equivalent of the annual rate of basic pay for level V of the Executive 
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 extent provided in advance in 
appropriation Acts, the director 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 rate of 
basic pay for level V of the Executive Schedule under section 5316 of 
title 5, United States Code.

SEC. 9. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission may, for the purpose of 
carrying out this Act, 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 
appropriate. The Commission may administer oaths or affirmations to 
witnesses appearing before it.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take under this section.
    (c) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (d) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.
    (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 Act.
    (f) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 10. TERMINATION.

    The Commission shall terminate the earlier of--
            (1) 60 days after submitting its legislative proposal; 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 fiscal 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 enactment 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 enactment of such legislation.

SEC. 11. ALTERNATIVE LEGISLATIVE PROPOSAL OF PRESIDENT.

    The President may, not later than 90 calendar days after the 
Commission submits its legislative proposal, submit to Congress an 
alternative to the legislative proposal submitted by the Commission.

SEC. 12. 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 relevant 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. 13. CONSIDERATION OF LEGISLATION.

    (a) Introduction.--Not later than the fifth legislative day after 
the Commission submits its legislative proposal, the majority leader of 
each House, or his designee, 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 referred to the 
        Committee on the Budget, which shall report the bill without 
        substantive revision. If the Committee on the Budget has not 
        reported the legislation before the expiration of the 90-day 
        period described in section 12, 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 consideration of the 
                legislation shall be highly privileged and shall not be 
                debatable, and a motion to reconsider the vote by which 
                the motion is disposed of shall not be in order.
            (2) Consideration consistent with congressional 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 Act.
            (3) Amendments limited.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an amendment to the legislation may not be offered 
                in the House of Representatives.
                    (B) Permitted amendments.--(i) Any Member may 
                offer, as an amendment in the nature 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 legislative 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 minority member.
                    (C) Point of order.--
                            (i) In general.--An amendment offered under 
                        subparagraph (B) is subject to a point of order 
                        if--
                                    (I) the amendment is not 
                                accompanied by a long-term CBO cost 
                                estimate of the amendment or a long-
                                term revenue estimate of the amendment, 
                                which includes the information 
                                described in section 14, 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 current fiscal year or for 
                                the period of the first 50 fiscal years 
                                beginning with the first fiscal year 
                                after the current fiscal year, as 
                                judged against the baseline.
                            (ii) Baseline.--For purposes of clause 
                        (i)(II), the baseline shall be calculated using 
                        the assumption that the legislation submitted 
                        by the Commission has been enacted into law, 
                        subject to the limitation imposed by section 
                        14(d).
                            (iii) Waiver.--A point of order raised 
                        under clause (i) may only be waived or 
                        suspended in the House of Representatives by 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 paragraph, then each 
                amendment shall be considered 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 legislation passed 
        in the House of Representatives pursuant to this section, the 
        Clerk of the House of Representatives shall cause the 
        legislation to be engrossed, 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 referred to 
        the Senate Committee on the Budget.
    (c) In the Senate.--
            (1) Automatic discharge of senate budget committee.--If the 
        Senate Committee on the Budget has not reported the legislation 
        before the expiration of the 90-day period described in section 
        12, then--
                    (A) the committee shall be discharged from 
                consideration of the legislation; and
                    (B) a motion to proceed to the consideration 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 Act.
            (3) Amendments limited.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an amendment to the legislation may not be offered 
                in the Senate.
                    (B) Permitted amendments.--(i) Any Member may 
                offer, as an amendment in the nature 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 legislative proposal 
                published in the Congressional Record by the Senate 
                Committee on the Budget.
                    (iii) The ranking minority member of the Senate 
                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 minority member.
                    (C) Point of order.--
                            (i) In general.--An amendment offered under 
                        subparagraph (B) is subject to a point of order 
                        if--
                                    (I) the amendment is not 
                                accompanied by a long-term CBO cost 
                                estimate of the amendment or a long-
                                term revenue estimate of the amendment, 
                                which includes the information 
                                described in section 14, 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 current fiscal year or for 
                                the period of the first 50 fiscal years 
                                beginning with the first fiscal year 
                                after the current fiscal year, as 
                                judged against the baseline.
                            (ii) Baseline.--For purposes of clause 
                        (i)(II), the baseline shall be calculated using 
                        the assumption that the legislation submitted 
                        by the Commission has been enacted into law, 
                        subject to the limitation imposed by section 
                        14(d).
                            (iii) Waiver of point of order.--A point of 
                        order raised under clause (i) may only be 
                        waived or suspended in the Senate by an 
                        affirmative vote of \3/5\ of the Members duly 
                        chosen and sworn.
                    (D) Multiple amendments.--If more than one 
                amendment is offered under this paragraph, then each 
                amendment shall be considered separately, and the 
                amendment receiving both a majority and the highest 
                number of votes shall be the amendment adopted.
    (d) Prohibition on Concurrent Consideration of Other Budget-Related 
Legislation.--
            (1) In general.--Until a bill or joint resolution 
        considered pursuant to the procedures of this section or a 
        conference report thereon has been enrolled and presented to 
        the President of the United States, it shall not be in order in 
        either the House of Representatives or the Senate to consider 
        any bill or joint resolution, amendment or motion thereto, or 
        conference report thereon that--
                    (A) provides new budget authority for any fiscal 
                year;
                    (B) provides for an increase in outlays for any 
                fiscal year;
                    (C) provides a decrease in revenues during any 
                fiscal year; or
                    (D) provides an increase in the public debt limit 
                to become effective during any fiscal year.
        Subparagraphs (A) through (D) shall be applied on a provision-
        by-provision basis.
            (2) Exceptions.--Paragraph (1) does not apply--
                    (A) to any measure under consideration prior to the 
                introduction, in either House, of a bill or joint 
                resolution considered pursuant to the procedures of 
                this section;
                    (B) to any measure considered after a bill or joint 
                resolution considered pursuant to the procedures of 
                this section has been defeated in either House; or
                    (C) to any general appropriation bill or amendment 
                thereto, but only to the extent of discretionary new 
                budget authority provided for the budget year or for 
                the first or second fiscal year after the budget year.
            (3) Waiver.--
                    (A) House of representatives.--In the House of 
                Representatives, if a special rule is considered that 
                would waive points of order pursuant to paragraph (1), 
                a motion to strike the provision waiving such points of 
                order shall be in order.
                    (B) Senate.--In the Senate, a point of order 
                properly raised pursuant to paragraph (1) shall be 
                waived only by an affirmative vote of \2/3\ of the 
                Members senators duly chosen and sworn.
    (e) Application of Congressional Budget Act.--To the extent that 
they are relevant and not inconsistent with this Act, the provisions of 
title III of the Congressional Budget Act of 1974 shall apply in the 
House of Representatives and the Senate to any bill or joint 
resolution, any amendment thereto, and any conference report thereon 
that is considered pursuant to this section.
    (f) Rules of Senate and House of Representatives.--This section is 
enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and is deemed 
        to be part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a bill introduced pursuant to this 
        section, and it supersedes other rules only to the extent that 
        it is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as they relate to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 14. LONG-TERM CBO COST ESTIMATE.

    (a) Preparation and Submission.--When the Commission, the 
President, or the chairman or ranking minority member of the Committee 
on the Budget of either House submits a written request to the Director 
of the Congressional Budget Office for a long-term CBO cost estimate of 
legislation proposed under this Act or an amendment referred to in 
section 13(b)(3)(B) or section 13(c)(3)(B), the Director shall prepare 
the estimate and have it published in the Congressional Record as 
expeditiously as possible.
    (b) Content.--A long-term CBO cost estimate shall include--
            (1) an estimate of the cost of each provision (if 
        practicable) or group of provisions of the legislation or 
        amendment for first fiscal year it would take effect and for 
        each of the 49 fiscal years thereafter; and
            (2) a statement of any estimated future costs not reflected 
        by the estimate described in paragraph (1).
    (c) Form.--To the extent that a long-term CBO cost estimate 
presented in dollars is impracticable, the Director of the 
Congressional Budget Office may instead present the estimate in terms 
of percentages of gross domestic product, with rounding to the nearest 
\1/10\ of 1 percent of gross domestic product.
    (d) Limitations on Discretionary Spending.--A long-term CBO cost 
estimate shall only consider the effects of provisions affecting 
revenues and direct spending (as defined by the Balanced Budget and 
Emergency Deficit Control Act of 1985), and shall not assume that any 
changes in outlays will result from limitations on, or reductions in, 
annual appropriations.
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