II

106TH CONGRESS

2D SESSION S. 2510

To establish the Social Security Protection, Preservation, and Reform

Commission.

IN THE SENATE OF THE UNITED STATES

MAY 4, 2000

Mr. MCCAIN (for himself, Mr. MOYNIHAN, and Mr. KERREY) introduced the

following bill; which was read twice and referred to the Committee on Finance

A BILL

To establish the Social Security Protection, Preservation,

and Reform Commission.

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 ‘‘Social Security Protec5 tion, Preservation, and Reform Commission Act of 2000’’.

6 TITLE I—FINDINGS AND

7 OBJECTIVES OF REFORM

8 SEC. 101. FINDINGS.

9 Congress makes the following findings:
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1 (1) Two-thirds of Americans depend on social

2 security for half or more of their income and 47 per3 cent of beneficiaries would be in poverty without

4 their social security benefits.

5 (2) Social security is an unbreakable compact

6 between workers and retirees across generations that

7 must be honored and needs to be sustained.

8 (3) The social security trust funds will begin to

9 run a cash-flow deficit in 2015 and trust fund assets

10 are expected to be exhausted by 2037.

11 (4) Americans covered by the social security

12 program are required to pay into a system from

13 which they can expect lower rates of return than

14 earlier generations.

15 (5) Each year that comprehensive reform of the

16 social security system is postponed, restoring actu17 arial solvency to the trust funds becomes more ex18 pensive and places a greater financial burden on cur19 rent and future workers.

20 SEC. 102. OBJECTIVES OF REFORM.

21 Congress must act to reform the social security sys22 tem so that—

23 (1) beneficiaries receive the benefits to which

24 they are entitled based on a fair and equitable re25 form of that system;
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1 (2) the long-term solvency of the social security

2 system is guaranteed for at least 75 years without

3 any foreseeable funding shortfall immediately fol4 lowing that period and cash-flow deficits and pres5 sure on future general revenues to pay benefits is

6 significantly reduced;

7 (3) every generation of workers is guaranteed a

8 reasonable comparable rate of return on all tax con9 tributions;

10 (4) all Americans, particularly low-income work11 ers, are provided the opportunity to share in our Na12 tion’s economic prosperity and create wealth for

13 themselves and future generations through a private

14 investment account under that system;

15 (5) revenues flowing into the Federal Old-Age,

16 Survivors, and Disability Trust Funds are protected

17 from congressional or other efforts to spend on non18 social security related purposes; and

19 (6) resources are made available from surplus

20 non-social security revenues to preserve and protect

21 the social security system while implementing re22 form.
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1 TITLE II—SOCIAL SECURITY

2 REFORM COMMISSION

3 SEC. 201. ESTABLISHMENT OF COMMISSION.

4 There is established a commission to be known as the

5 Social Security Protection, Preservation, and Reform

6 Commission (in this title referred to as the ‘‘Commis7 sion’’).

8 SEC. 202. DUTIES.

9 (a) RECOMMENDATIONS FOR REFORM.—Not later

10 than September 1, 2001, the Commission shall make spe11 cific recommendations to Congress for reform of the social

12 security system established under title II of the Social Se13 curity Act (42 U.S.C. 401 et seq.) in a manner that incor14 porates the objectives of reform set forth in section 102.

15 (b) LEGISLATIVE LANGUAGE.—The recommenda16 tions required under subsection (a) shall include legislative

17 language necessary for carrying out such recommenda18 tions. The Commission shall develop such legislative lan19 guage after conducting such public hearings and con20 sulting with such public or private entities as the Commis21 sion considers necessary and appropriate to make the rec22 ommendations required under subsection (a).

23 SEC. 203. MEMBERSHIP.

24 (a) IN GENERAL.—The Commission shall be com25 posed of 13 members as follows:
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1 (1) Two congressional Members shall be ap2 pointed by the Speaker of the House of Representa3 tives.

4 (2) Two congressional Members shall be ap5 pointed by the Minority Leader of the House of Rep6 resentatives.

7 (3) Two congressional Members shall be ap8 pointed by the Majority Leader of the Senate.

9 (4) Two congressional Members shall be ap10 pointed by the Minority Leader of the Senate.

11 (5) The Chairman of the Committee on Finance

12 of the Senate.

13 (6) The Ranking Member of the Committee on

14 Finance of the Senate.

15 (7) The Chairman of the Committee on Ways

16 and Means of the House of Representatives.

17 (8) The Ranking Member of the Committee on

18 Ways and Means of the House of Representatives.

19 (10) The Commissioner of Social Security, who

20 shall be an ex officio member of the Commission.

21 (b) DEADLINE FOR APPOINTMENTS.—The members

22 of the Commission shall be appointed not later than Feb23 ruary 1, 2001.
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1 (c) CO-CHAIRMEN.—The Commission shall designate

2 2 members of the Commission to serve as Co-chairmen

3 of the Commission.

4 (d) TERMS.—Each member of the Commission shall

5 serve on the Commission and, with respect to the Co6 chairmen, in such capacity, until the earlier of the date

7 the Commission terminates or September 16, 2001.

8 (e) VACANCIES.—Any vacancy in the membership of

9 the Commission shall be filled in the manner in which the

10 original appointment was made and shall not affect the

11 power of the remaining members to execute the duties of

12 the Commission.

13 SEC. 204. QUORUM.

14 A quorum shall consist of 7 voting members of the

15 Commission.

16 SEC. 205. MEETINGS.

17 (a) IN GENERAL.—The Commission shall meet at the

18 call of the Co-chairmen or a majority of its members.

19 (b) INITIAL MEETING.—The Commission shall con20 duct its first meeting not later than March 1, 2001.

21 (c) OPEN MEETINGS.—Each meeting of the Commis22 sion, other than meetings in which classified information

23 is to be discussed, shall be open to the public.
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1 SEC. 206. POLICIES AND PROCEDURES.

2 The Commission shall establish policies and proce3 dures for carrying out the functions of the Commission

4 under this Act.

5 SEC. 207. STAFF DIRECTOR AND STAFF.

6 (a) STAFF DIRECTOR.—The Co-chairmen, with the

7 advice and consent of the members of the Commission,

8 shall appoint a Staff Director who is not otherwise, and

9 has not during the 1-year period preceding the date of

10 such appointment served as, an officer or employee in the

11 executive branch and who is not and has not been a Mem12 ber of Congress. The Staff Director shall be paid at a rate

13 not to exceed the rate of basic pay payable for level IV

14 of the Executive Schedule under section 5315 of title 5,

15 United States Code.

16 (b) STAFF.—

17 (1) IN GENERAL.—The Staff Director, with the

18 approval of the Commission, may appoint and fix

19 pay of additional personnel. The Staff Director may

20 take such appointments without regard to the provi21 sions of title 5, United States Code, governing ap22 pointment in the competitive service, and any per23 sonnel so appointed may be paid without regard to

24 the provisions of chapter 51 and subchapter III of

25 chapter 53 of such title relating to classification and

26 General Schedule pay rates, except that an indi-
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1 vidual so appointed may not receive pay in excess of

2 the annual rate of basic pay payable for level V of

3 the Executive Schedule under section 5316 of such

4 title.

5 (2) DETAILEES.—

6 (A) IN GENERAL.—Upon request of the

7 Staff Director, the head of any Federal depart8 ment or agency may detail any of the personnel

9 of that department or agency to the Commis10 sion to assist the Commission in carrying out

its duties under this Act. Not more than 1 11 ⁄3 of

12 the personnel employed by or detailed to the

13 Commission may be on detail from any Federal

14 agency.

15 (B) ADDITIONAL RESTRICTIONS.—

(i) PERSONNEL.—Not more than 1 16 ⁄3

17 of the personnel detailed to the Commis18 sion may be on detail from any Federal

19 agency that deals directly or indirectly with

20 the administration of the social security

21 system.

(ii) ANALYSTS.—Not more than 1 22 ⁄5 of

23 the professional analysts of the Commis24 sion may be individuals detailed from a

25 Federal agency that deals directly or indi-
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1 rectly with the administration of the social

2 security system.

3 (3) EXPERTS AND CONSULTANTS.—The Com4 mission may procure by contract, to the extent funds

5 are available, the temporary or intermittent services

6 of experts or consultants pursuant to section 3109

7 of title 5, United States Code.

8 (4) FEDERAL OFFICER OR EMPLOYEE.—No

9 member of a Federal agency, and no officer or em10 ployee of a Federal agency may—

11 (A) prepare any report concerning the ef12 fectiveness, fitness, or efficiency of the perform13 ance on the staff of the Commission of any in14 dividual detailed from a Federal agency to that

15 staff;

16 (B) review the preparation of such report;

17 or

18 (C) approve or disapprove such a report.

19 (5) LIMITATION ON STAFF SIZE.—Not more

20 than 25 individuals (including any detailees) may

21 serve on the staff of the Commission at any time.

22 SEC. 208. POWERS.

23 (a) HEARINGS AND OTHER ACTIVITIES.—For the

24 purpose of carrying out its duties, the Commission may

25 hold such hearings and undertake such other activities as
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1 the Commission determines to be necessary to carry out

2 its duties.

3 (b) STUDIES BY GENERAL ACCOUNTING OFFICE.—

4 Upon the request of the Commission, the Comptroller

5 General shall conduct such studies or investigations as the

6 Commission determines to be necessary to carry out its

7 duties.

8 (c) COST ESTIMATES BY CONGRESSIONAL BUDGET

9 OFFICE.—Upon the request of the Commission, the Direc10 tor of the Congressional Budget Office shall provide to the

11 Commission such cost estimates as the Commission deter12 mines to be necessary to carry out its duties.

13 (d) TECHNICAL ASSISTANCE.—Upon the request of

14 the Commission, the head of a Federal agency shall pro15 vide such technical assistance to the Commission as the

16 Commission determines to be necessary to carry out its

17 duties.

18 (e) USE OF MAILS.—The Commission may use the

19 United States mails in the same manner and under the

20 same conditions as Federal agencies, and shall, for pur21 poses of the frank, be considered a commission of Con22 gress as described in section 3215 of title 39, United

23 States Code.

24 (f) OBTAINING INFORMATION.—The Commission

25 may secure directly from any Federal agency information
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1 necessary to enable it to carry out its duties, if the infor2 mation may be disclosed under section 552 of title 5,

3 United States Code. Upon request of the Co-chairmen of

4 the Commission, the head of such agency shall furnish

5 such information to the Commission.

6 (g) ADMINISTRATIVE SUPPORT SERVICES.—Upon

7 the request of the Commission, the Administrator of Gen8 eral Services shall provide to the Commission on a reim9 bursable basis such administrative support services as the

10 Commission may request.

11 (h) ACCEPTANCE OF DONATIONS.—The Commission

12 may accept, use, and dispose of gifts or donations of serv13 ices or property.

14 (i) PRINTING.—For purposes of costs relating to

15 printing and binding, including the costs of personnel de16 tailed from the Government Printing Office, the Commis17 sion shall be deemed to be a committee of the Congress.

18 SEC. 209. TERMINATION.

19 The Commission shall terminate 15 days after the

20 date of submission of the recommendations for reform re21 quired under section 202.

22 SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

23 There is authorized to be appropriated to carry out

24 this title, such sums as may be necessary for the Commis25 sion to carry out its duties under this title.
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1 TITLE III—CONGRESSIONAL

2 CONSIDERATION OF REC3 OMMENDATIONS

4 SEC. 301. CONGRESSIONAL CONSIDERATION OF REC5 OMMENDATIONS.

6 (a) INTRODUCTION OF RECOMMENDATIONS AND

7 COMMITTEE CONSIDERATION.—

8 (1) INTRODUCTION.—The legislative language

9 transmitted pursuant to section 202(b) with the rec10 ommendations for reform of the Commission shall be

11 in the form of a bill (in this title referred to as the

12 ‘‘reform bill’’). Such reform bill shall be introduced

13 in the House of Representatives by the Speaker, and

14 in the Senate, by the Majority Leader, immediately

15 upon receipt of the language and such reform bill

16 shall be referred to the appropriate committee of

17 Congress under paragraph (2). If the reform bill is

18 not introduced in accordance with the preceding sen19 tence, the reform bill may be introduced in either

20 House of Congress by any member thereof.

21 (2) COMMITTEE CONSIDERATION.—

22 (A) REFERRAL.—A reform bill introduced

23 in the House of Representatives shall be re24 ferred to the Committee on Ways and Means of

25 the House of Representatives. A reform bill in-
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1 troduced in the Senate shall be referred to the

2 Committee on Finance of the Senate.

3 (B) REPORTING.—Not later than 30 days

4 after the introduction of the reform bill, the

5 committee of Congress to which the reform bill

6 was referred shall report the bill or a committee

7 amendment thereto.

8 (C) DISCHARGE OF COMMITTEE.—If the

9 committee to which is referred a reform bill has

10 not reported such reform bill (or an identical

11 reform bill) at the end of 30 calendar days after

12 its introduction or at the end of the first day

13 after there has been reported to the House in14 volved a reform bill, whichever is earlier, such

15 committee shall be deemed to be discharged

16 from further consideration of such reform bill

17 and such reform bill shall be placed on the ap18 propriate calendar of the House involved.

19 (b) EXPEDITED PROCEDURE.—

20 (1) CONSIDERATION.—

21 (A) IN GENERAL.—Not later than 2 days

22 after the date on which a committee has been

23 discharged from consideration of a reform bill,

24 the Speaker of the House of Representatives, or

25 the Speaker’s designee, or the Majority Leader
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1 of the Senate, or the Leader’s designee, shall

2 move to proceed to the consideration of the

3 committee amendment to the reform bill, and if

4 there is no such amendment, to the reform bill.

5 It shall also be in order for any member of the

6 House of Representatives or the Senate, respec7 tively, to move to proceed to the consideration

8 of the reform bill at any time after the conclu9 sion of such 2-day period.

10 (B) POINTS OF ORDER WAIVED.—All

11 points of order against the reform bill (and

12 against consideration of the reform bill) are

13 waived.

14 (C) MOTION TO PROCEED.—A motion to

15 proceed to the consideration of the reform bill

16 is highly privileged in the House of Representa17 tives and is privileged in the Senate and is not

18 debatable. The motion is not subject to amend19 ment, to a motion to postpone consideration of

20 the reform bill, or to a motion to proceed to the

21 consideration of other business. A motion to re22 consider the vote by which the motion to pro23 ceed is agreed to or not agreed to shall not be

24 in order. If the motion to proceed is agreed to,

25 the House of Representatives or the Senate, as
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1 the case may be, shall immediately proceed to

2 consideration of the reform bill without inter3 vening motion, order, or other business, and the

4 reform bill shall remain the unfinished business

5 of the House of Representatives or the Senate,

6 as the case may be, until disposed of.

7 (D) LIMITED DEBATE.—Debate on the re8 form bill and on all debatable motions and ap9 peals in connection therewith shall be limited to

10 not more than the lesser of 100 hours or 14

11 days, which shall be divided equally between

12 those favoring and those opposing the reform

13 bill. A motion further to limit debate on the re14 form bill is in order and not debatable.

15 (E) AMENDMENTS.—

16 (i) IN GENERAL.—Subject to clause

17 (ii), amendments to the reform bill—

18 (I) during consideration in the

19 House of Representatives shall be lim20 ited in accordance with a rule adopted

21 by the Committee on Rules of the

22 House of Representatives; and

23 (II) during consideration in the

24 Senate shall be limited to—
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1 (aa) one first degree amend2 ment per member or that mem3 ber’s designee with 1 hour of de4 bate equally divided; and

5 (bb) germane second degree

6 amendments (without limit) with

7 30 minutes of debate equally di8 vided.

9 (ii) LEADERSHIP AMENDMENTS.—The

10 Speaker of the House of Representatives

11 and the Minority Leader of the House of

12 Representatives and the Majority Leader

13 of the Senate and the Minority Leader of

14 the Senate may each offer 1 first degree

15 amendment (in addition to the amend16 ments afforded such members under clause

17 (i)), with 4 hours of debate equally divided

18 on each such amendment offered. No sec19 ond degree amendments may be offered by

20 the Speaker of the House of Representa21 tives, the Minority Leader of the House of

22 Representatives, the Majority Leader of

23 the Senate, or the Minority Leader of the

24 Senate in their leadership capacities.
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1 (F) VOTE ON FINAL PASSAGE.—Imme2 diately following the conclusion of the debate on

3 the reform bill, and on all amendments offered

4 to the reform bill, and all votes required on

5 amendments offered to the reform bill, the vote

6 on final passage of the reform bill shall occur.

7 (G) OTHER MOTIONS NOT IN ORDER.—A

8 motion to postpone consideration of the reform

9 bill, a motion to proceed to the consideration of

10 other business, or a motion to recommit the re11 form bill is not in order. A motion to reconsider

12 the vote by which the reform bill is agreed to

13 or not agreed to is not in order.

14 (H) APPEALS.—Appeals from the decisions

15 of the Chair relating to the application of the

16 rules of the House of Representatives or of the

17 Senate, as the case may be, to the procedure re18 lating to the reform bill shall be decided with19 out debate.

20 (2) CONSIDERATION BY OTHER HOUSE.—If, be21 fore the passage by one House of the reform bill

22 that was introduced in such House, such House re23 ceives from the other House a reform bill as passed

24 by such other House—
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1 (A) the reform bill of the other House shall

2 not be referred to a committee and may only be

3 considered for final passage in the House that

4 receives it under subparagraph (C);

5 (B) the procedure in the House in receipt

6 of the reform bill of the other House, with re7 spect to the reform bill that was introduced in

8 the House in receipt of the reform bill of the

9 other House, shall be the same as if no reform

10 bill had been received from the other House;

11 and

12 (C) notwithstanding subparagraph (B), the

13 vote on final passage shall be on the reform bill

14 of the other House.

15 Upon disposition of a reform bill that is received by

16 one House from the other House, it shall no longer

17 be in order to consider the reform bill that was in18 troduced in the receiving House.

19 (3) CONSIDERATION IN CONFERENCE.—

20 (A) CONVENING OF CONFERENCE.—

21 (i) IN GENERAL.—Immediately upon a

22 final passage of the reform bill that results

23 in a disagreement between the two Houses

24 of Congress with respect to the bill, the
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1 conferees described in clause (ii) shall be

2 appointed and a conference convened.

3 (ii) CONFEREES DESCRIBED.—The

4 conferees described in this clause are the

5 following:

6 (I) The Speaker of the House of

7 Representatives.

8 (II) The Minority Leader of the

9 House of Representatives.

10 (III) The Majority Leader of the

11 Senate.

12 (IV) The Minority Leader of the

13 Senate.

14 (V) Each member of the Com15 mittee on Ways and Means of the

16 House of Representatives.

17 (VI) Each member of the Com18 mittee on Finance of the Senate.

19 (B) DEADLINE FOR REPORT.—Not later

20 than 14 days after the date on which conferees

21 are appointed, the conferees shall file a report

22 with the House of Representatives and the Sen23 ate resolving the differences between the

24 Houses on the reform bill.
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1 (C) LIMITATION ON SCOPE.—A report filed

2 under subparagraph (B) shall be limited to res3 olution of the differences between the Houses

4 on the reform bill and shall not include any

5 other matter.

6 (D) HOUSE CONSIDERATION.—

7 (i) IN GENERAL.—Notwithstanding

8 any other rule of the House of Representa9 tives, it shall be in order to immediately

10 consider a report of a committee of con11 ference on the reform bill filed in accord12 ance with subparagraph (B).

13 (ii) DEBATE.—Debate in the House of

14 Representatives on the conference report

15 shall be limited to the lesser of 50 hours

16 or 7 days, equally divided and controlled

17 by the Speaker of the House of Represent18 atives and the Minority Leader of the

19 House of Representatives or their des20 ignees.

21 (iii) LIMITATION ON MOTIONS.—A

22 motion to further limit debate on the con23 ference report is not debatable. A motion

24 to recommit the conference report is not in

25 order, and it is not in order to move to re-
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1 consider the vote by which the conference

2 report is agreed to or disagreed to.

3 (iv) VOTE ON FINAL PASSAGE.—A

4 vote on final passage of the conference re5 port shall occur immediately at the conclu6 sion or yielding back of all time for debate

7 on the conference report.

8 (E) SENATE CONSIDERATION.—

9 (i) IN GENERAL.—The motion to pro10 ceed to consideration in the Senate of the

11 conference report shall not be debatable

12 and the reading of such conference report

13 shall be deemed to have been waived.

14 (ii) DEBATE.—Consideration in the

15 Senate of the conference report on a re16 form bill shall be limited to the lesser of 50

17 hours or 7 days, equally divided and con18 trolled by the Majority Leader and the Mi19 nority Leader or their designees.

20 (iii) LIMITATION ON MOTION TO RE21 COMMIT.—A motion to recommit the con22 ference report is not in order.

23 (4) RULES OF THE SENATE AND HOUSE OF

24 REPRESENTATIVES.—This subsection is enacted by

25 Congress—
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1 (A) as an exercise of the rulemaking power

2 of the Senate and House of Representatives, re3 spectively, and is deemed to be part of the rules

4 of each House, respectively, but applicable only

5 with respect to the procedure to be followed in

6 that House in the case of a bill, and it super7 sedes other rules only to the extent that it is in8 consistent with such rules; and

9 (B) with full recognition of the constitu10 tional right of either House to change the rules

11 (so far as they relate to the procedure of that

12 House) at any time, in the same manner, and

13 to the same extent as in the case of any other

14 rule of that House.

Æ