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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1069 Introduced in House (IH)]

107th CONGRESS
  1st Session
                                H. R. 1069

     To establish a Bipartisan Social Security Reform and Results 
                              Commission.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2001

  Mr. DeMint introduced the following bill; which was referred to the 
Committee on Ways and Means, 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 Bipartisan Social Security Reform and Results 
                              Commission.

    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 ``Bipartisan Social Security Reform 
and Results Commission Act of 2001''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The 2000 Report of the Social Security Board of 
        Trustees projects that the receipts financing the Social 
        Security trust funds will fall below its outgo in 2015 and the 
        trust funds will be depleted in 2037. At that time only 72 
        percent of Social Security benefits would be payable then with 
        incoming receipts.
            (2) The primary reason is demographic: the post-World War 
        II baby boomers will begin retiring in less than a decade and 
        life expectancy is rising. By 2025 the number of people age 65 
        and older is predicted to grow by 75 percent. In contrast, the 
        number of workers supporting the system would grow by 13 
        percent.
            (3) If there are no other surplus governmental receipts, 
        policymakers would have 3 choices: raise taxes or other income, 
        cut spending, or borrow the money. Mirroring this adverse 
        outlook are public opinion polls showing that fewer than 50 
        percent of respondents are confident that Social Security can 
        meet its long-term commitments. There also is a widespread 
        perception that Social Security may not be as good a value in 
        the future as it is today.
            (4) While it is accepted that Social Security reform is 
        needed without undue delay, there clearly is no consensus on 
        how this should be accomplished. This was evident by the Report 
        of the 1994-1996 Social Security Advisory Council, which 
        provided 3 very different plans but none of which received a 
        majority's endorsement. It also is reflected by the many bills 
        introduced in the 105th Congress and the 106th Congress and 
        proposals by the administration that represent a diversity of 
        approaches to Social Security reform. As a result of 
        differences within Congress and with the administration, there 
        has been no movement on Social Security reform.
            (5) This state of affairs shows the need to develop 
        consensus legislation between Congress and the administration 
        that will achieve the objectives of reform stated in section 3 
        and that can be enacted into law without undue delay.
            (6) To accomplish such a reform, there is a need to 
        establish a Bipartisan Social Security Reform and Results 
        Commission charged with developing a unified proposal to ensure 
        the long-term retirement security of Americans.

SEC. 3. OBJECTIVES OF REFORM.

    The Congress finds that it must act to reform the social security 
system so that--
            (1) beneficiaries receive the benefits to which they are 
        entitled based on a fair and equitable reform of that system;
            (2) the long-term solvency of the social security system is 
        guaranteed for at least 75 years without any foreseeable 
        funding shortfall immediately following that period and cash-
        flow deficits and pressure on future general revenues to pay 
        benefits is significantly reduced;
            (3) every generation of workers is guaranteed a reasonable 
        comparable rate of return on all tax contributions;
            (4) all Americans, particularly low-income workers, are 
        provided the opportunity to share in our Nation's economic 
        prosperity and create wealth for themselves and future 
        generations through a private investment account under that 
        system;
            (5) revenues flowing into the Federal Old-Age, Survivors, 
        and Disability Trust Funds are protected from congressional or 
        other efforts to spend on nonsocial security related purposes; 
        and
            (6) resources are made available from surplus non-social 
        security revenues to preserve and protect the social security 
        system while implementing reform.

SEC. 4. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch a Bipartisan Social 
Security Reform and Results Commission (in this Act referred to as the 
``Commission'').

SEC. 5. DUTIES OF THE COMMISSION.

    (a) Recommendations for Reform.--Not later than September 1, 2001, 
the Commission shall make specific recommendations to Congress for 
reform of the social security system established under title II of the 
Social Security Act in a manner that incorporates the objectives of 
reform set forth in section 3. The recommendations of the Commission 
shall be based on its compilation and reconciliation of the 
recommendations of the task forces convened by the Commission pursuant 
to section 9 and shall provide for such appropriate interagency support 
and cooperation as may be necessary to attain such objectives.
    (b) Legislative Language.--The recommendations required under 
subsection (a) shall include legislative language necessary for 
carrying out such recommendations. The Commission shall develop such 
legislative language after conducting such public hearings and 
consulting with such public or private entities as the Commission 
considers necessary and appropriate to make the recommendations 
required under subsection (a).

SEC. 6. COMPOSITION OF THE COMMISSION.

    (a) Number and Appointment.--The Commission shall be composed of 16 
members, of whom--
            (1) 2 members shall be selected by the Chairman of the 
        Committee on Ways and Means of the House of Representatives, 1 
        from among Members of the House, and 1 from among private 
        citizens;
            (2) 2 members shall be selected by the Chairman of the 
        Committee on Finance of the Senate, 1 from among Members of the 
        Senate, and 1 from among private citizens;
            (3) 2 members shall be selected by the ranking member of 
        the Committee on Ways and Means of the House of 
        Representatives, 1 from among Members of the House, and 1 from 
        among private citizens;
            (4) 2 members shall be selected by the ranking member of 
        the Committee on Finance of the Senate, 1 from among Members of 
        the Senate, and 1 from among private citizens; and
            (5) 8 members shall be selected by the President from among 
        Members of the Congress, officers of the executive branch of 
        the United States Government, and private citizens, not more 
        than 2 of whom shall be from among Members of the Congress.
The Commissioner of Social Security shall be an ex officio, nonvoting 
member of the Commission.
    (b) Qualifications.--The members of the Commission shall consist of 
individuals who are of recognized standing and distinction who can 
represent the multiple generations who have a stake in the viability of 
the Social Security system, and who possess a demonstrated capacity to 
discharge the duties imposed on the Commission. At least 1 of the 
members shall be appointed from individuals representing the interests 
of employees, and at least 1 of the members shall be appointed from 
individuals representing the interests of employers.
    (c) Chair.--The President shall designate a member of the 
Commission to serve as Chair of the Commission who shall chair the 
Commission, determine its duties, and supervise its staff.
    (d) Terms of Appointment.--The members of the Commission shall be 
appointed not more than 30 days after the date of the enactment of this 
Act. The members of the Commission shall serve for the life of the 
Commission.
    (e) Vacancies.--A vacancy in the Commission shall not affect the 
power of the remaining members to execute the duties of the Commission 
but any such vacancy shall be filled in the same manner in which the 
original appointment was made.

SEC. 7. PROCEDURES.

    (a) Meetings.--The Commission shall meet at the call of its Chair 
or a quorum of its members.
    (b) Quorum.--A quorum shall consist of nine members of the 
Commission, except that a lesser number may conduct a hearing under 
subsection (c).
    (c) Hearings and Other Activities.--For the purpose of carrying out 
its duties, the Commission may hold such hearings and undertake such 
other activities as the Commission determines necessary to carry out 
its duties.
    (d) Obtaining Information.--Upon request of the Commission, the 
Commissioner of Social Security and the head of any other agency or 
instrumentality of the Federal Government shall furnish information 
deemed necessary by the panel to enable it to carry out its duties.

SEC. 8. ADMINISTRATION.

    (a) Compensation.--Except as provided in subsection (b), members of 
the Commission shall receive no additional pay, allowances, or benefits 
by reason of their service on the Commission.
    (b) Travel Expenses and Per Diem.--Each member of the Commission 
who is not a present Member of the Congress and who is not otherwise an 
officer or employee of the Federal Government shall receive travel 
expenses and per diem in lieu of subsistence in accordance with 
sections 5702 and 5703 of title 5, United States Code.
    (c) Staff and Support Services.--
            (1) Staff director.--
                    (A) Appointment.--The Chair in accordance with the 
                rules agreed upon by the Commission shall appoint a 
                staff director for the Commission.
                    (B) Compensation.--The staff director shall be paid 
                at a rate not to exceed the rate established for level 
                V of the Executive Schedule under section 5315 of title 
                5, United States Code.
            (2) Staff.--The Chair in accordance with the rules agreed 
        upon by the Commission shall appoint such additional personnel 
        as the Commission determines to be necessary.
            (3) Applicability of civil service laws.--The staff 
        director and other members of the staff of the Commission shall 
        be appointed without regard to the provisions of title 5, 
        United States Code, governing appointments in the competitive 
        service, and shall be paid without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of such title 
        relating to classification and General Schedule pay rates.
            (4) Experts and consultants.--With the approval of the 
        Commission, the staff director may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code.
    (d) Physical Facilities.--The Architect of the Capitol, in 
consultation with the appropriate entities in the legislative branch, 
shall locate and provide suitable office space for the operation of the 
Commission on a nonreimbursable basis. The facilities shall serve as 
the headquarters of the Commission and shall include all necessary 
equipment and incidentals required for the proper functioning of the 
Commission.
    (e) Administrative Support Services and Other Assistance.--
            (1) Upon the request of the Commission, the Architect of 
        the Capitol, the Commissioner of Social Security, and the 
        Administrator of General Services shall provide to the 
        Commission on a nonreimbursable basis such administrative 
        support services as the Commission may request.
            (2) In addition to the assistance set forth in paragraphs 
        (1) and (2), departments and agencies of the United States may 
        provide the Commission such services, funds, facilities, staff, 
        and other support services as the Commission may deem advisable 
        and as may be authorized by law.
    (f) Use of Mails.--The Commission may use the United States mails 
in the same manner and under the same conditions as Federal agencies 
and shall, for purposes of the frank, be considered a commission of 
Congress as described in section 3215 of title 39, United States Code.
    (g) Printing.--For purposes of costs relating to printing and 
binding, including the cost of personnel detailed from the Government 
Printing Office, the Commission shall be deemed to be a committee of 
the Congress.

SEC. 9. TASK FORCES.

    (a) In General.--For purposes of compiling recommendations of the 
Commission for submission to the Congress pursuant to section 5, the 
Commission shall designate agencies and instrumentalities of the 
Federal Government, as it determines appropriate, to provide the 
Commission with representatives thereof for service on the following 
task forces:
            (1) a task force to consider matters relating to 
        information processing and capability;
            (2) a task force to consider matters relating to personal 
        account regulation;
            (3) a task force to consider matters relating to investment 
        options;
            (4) a task force to consider matters relating to 
        administrative costs and fund management; and
            (5) such additional task forces as the Commission deems 
        appropriate.
In the process of convening each task force, the Commission shall 
prescribe specific goals to be addressed by such task force. Such goals 
shall be formulated so as to effectively obtain the expeditious 
attainment of the objectives specified in section 3.
    (b) Designated Agencies.--The agencies to be designated by the 
Commission shall include the Social Security Administration, the 
Department of the Treasury, the Department of Labor, the Office of the 
Comptroller of the Currency, the Securities and Exchange Commission, 
and other appropriate agencies and instrumentalities, as determined by 
the Commission.
    (c) Agency Cooperation.--Each agency and instrumentality designated 
by the Commission pursuant to subsection (a) in connection with one or 
more task forces specified in subsection (a) shall assign to the 
Commission representatives of such agency or instrumentality for 
service on such task forces. The Commission, and each agency and 
instrumentality designated for service on a task force under this 
section, shall provide such staff and administrative support services 
to the task force as may be necessary and appropriate, in accordance 
with procedures which shall be prescribed by the Commission.
    (d) Duties of Task Forces.--The Commission shall assign each task 
force a deadline for submitting its recommendations to the Commission 
and shall inform each House of the Congress of the convening of each 
task force and the deadline assigned to it. Each task force convened 
pursuant to subsection (a) shall, by such date as shall be specified by 
the Commission, provide the Commission with its recommendations for 
attaining the goals addressed by the task force, together with 
appropriate timetables for achieving such goals.
    (e) Separate Reports and Termination.--Upon submission by each task 
force of its recommendations to the Commission, the task force shall 
submit to each House of the Congress a copy of its recommendations to 
the Commission, and shall thereupon terminate.

SEC. 10. CONGRESSIONAL CONSIDERATION OF RECOMMENDATIONS.

    (a) Introduction of Recommendations and Committee Consideration.--
            (1) Introduction.--The legislative language transmitted 
        pursuant to section 5(b) with the recommendations for reform of 
        the Commission shall be in the form of a bill (in this title 
        referred to as the ``reform bill''). Such reform bill shall be 
        introduced in the House of Representatives by the Speaker, and 
        in the Senate, by the Majority Leader, on the first day of 
        session ending after receipt of the language and such reform 
        bill shall be referred to the appropriate committee of Congress 
        under paragraph (2). If the reform bill is not introduced in 
        accordance with the preceding sentence, the reform bill may be 
        introduced in either House of Congress by any member thereof.
            (2) Committee consideration.--
                    (A) Referral.--A reform bill introduced in the 
                House of Representatives shall be referred to the 
                Committee on Ways and Means of the House of 
                Representatives. A reform bill introduced in the Senate 
                shall be referred to the Committee on Finance of the 
                Senate.
                    (B) Reporting.--Not later than 30 days after the 
                introduction of the reform bill, the committee of 
                Congress to which the reform bill was referred shall 
                report the bill or a committee amendment thereto.
                    (C) Discharge of committee.--If the committee to 
                which is referred a reform bill has not reported such 
                reform bill (or an identical reform bill) at the end of 
                30 calendar days after its introduction or at the end 
                of the first day after there has been reported to the 
                House involved a reform bill, whichever is earlier, 
                such committee shall be deemed to be discharged from 
                further consideration of such reform bill and such 
                reform bill shall be placed on the appropriate calendar 
                of the House involved.
    (b) Expedited Procedure.--
            (1) Consideration.--
                    (A) In general.--Not later than 2 days after the 
                date on which a committee has been discharged from 
                consideration of a reform bill, the Speaker of the 
                House of Representatives, or the Speaker's designee, or 
                the Majority Leader of the Senate, or the Leader's 
                designee, shall move to proceed to the consideration of 
                the committee amendment to the reform bill, and if 
there is no such amendment, to the reform bill. It shall also be in 
order for any member of the House of Representatives or the Senate, 
respectively, to move to proceed to the consideration of the reform 
bill at any time after the conclusion of such 2-day period.
                    (B) Points of order waived.--All points of order 
                against the reform bill (and against consideration of 
                the reform bill) are waived.
                    (C) Motion to proceed.--A motion to proceed to the 
                consideration of the reform bill is highly privileged 
                in the House of Representatives and is privileged in 
                the Senate and is not debatable. The motion is not 
                subject to amendment, to a motion to postpone 
                consideration of the reform bill, or to a motion to 
                proceed to the consideration of other business. A 
                motion to reconsider the vote by which the motion to 
                proceed is agreed to or not agreed to shall not be in 
                order. If the motion to proceed is agreed to, the House 
                of Representatives or the Senate, as the case may be, 
                shall immediately proceed to consideration of the 
                reform bill without intervening motion, order, or other 
                business, and the reform bill shall remain the 
                unfinished business of the House of Representatives or 
                the Senate, as the case may be, until disposed of.
                    (D) Limited debate.--Debate on the reform bill and 
                on all debatable motions and appeals in connection 
                therewith shall be limited to not more than the lesser 
                of 100 hours or 14 days, which shall be divided equally 
                between those favoring and those opposing the reform 
                bill. A motion further to limit debate on the reform 
                bill is in order and not debatable.
                    (E) Amendments.--
                            (i) Consideration in the house of 
                        representatives.--Subject to clause (iii), 
                        amendments to the reform bill during 
                        consideration in the House of Representatives 
                        shall be limited in accordance with a rule 
                        adopted by the Committee on Rules of the House 
                        of Representatives.
                            (ii) Consideration in the senate.--Subject 
                        to clause (iii), amendments to the reform bill 
                        during consideration in the Senate shall be 
                        limited to--
                                    (I) one first degree amendment per 
                                member or that member's designee with 1 
                                hour of debate equally divided; and
                                    (II) germane second degree 
                                amendments (without limit) with 30 
                                minutes of debate equally divided.
                            (iii) Leadership amendments.--The Speaker 
                        of the House of Representatives and the 
                        Minority Leader of the House of Representatives 
                        and the Majority Leader of the Senate and the 
                        Minority Leader of the Senate may each offer 1 
                        first degree amendment (in addition to the 
                        amendments afforded such members under clause 
                        (i) or (ii)), with 4 hours of debate equally 
                        divided on each such amendment offered. No 
                        second degree amendments may be offered by the 
                        Speaker of the House of Representatives, the 
                        Minority Leader of the House of 
                        Representatives, the Majority Leader of the 
                        Senate, or the Minority Leader of the Senate in 
                        their leadership capacities.
                    (F) Vote on final passage.--Immediately following 
                the conclusion of the debate on the reform bill, and on 
                all amendments offered to the reform bill, and all 
                votes required on amendments offered to the reform 
                bill, the vote on final passage of the reform bill 
                shall occur.
                    (G) Other motions not in order.--A motion to 
                postpone consideration of the reform bill, a motion to 
                proceed to the consideration of other business, or a 
                motion to recommit the reform bill is not in order. A 
                motion to reconsider the vote by which the reform bill 
                is agreed to or not agreed to is not in order.
                    (H) Appeals.--Appeals from the decisions of the 
                Chair relating to the application of the rules of the 
                House of Representatives or of the Senate, as the case 
                may be, to the procedure relating to the reform bill 
                shall be decided without debate.
            (2) Consideration by other house.--If, before the passage 
        by one House of the reform bill that was introduced in such 
        House, such House receives from the other House a reform bill 
        as passed by such other House--
                    (A) the reform bill of the other House shall be 
                subject to the same rules as the rules under this 
                section governing the reform bill introduced in the 
                receiving House; and
                    (B) the procedure in the House in receipt of the 
                reform bill of the other House, with respect to the 
                reform bill that was introduced in the House in receipt 
                of the reform bill of the other House, shall be the 
                same as if no reform bill had been received from the 
                other House.
        Upon passage of a reform bill by either House (or upon adoption 
        of an amendment by either House to a reform bill received from 
        the other House), it shall no longer be in order in the House 
        passing such bill (or amendment) to consider any other reform 
        bill under this section.
            (3) Consideration in conference.--
                    (A) Convening of conference.--
                            (i) In general.--Immediately upon a final 
                        passage of the reform bill that results in a 
                        disagreement between the two Houses of Congress 
                        with respect to the bill, the conferees 
                        described in clause (ii) shall be appointed and 
                        a conference convened.
                            (ii) Conferees described.--The conferees 
                        described in this clause are the following:
                                    (I) The Speaker of the House of 
                                Representatives.
                                    (II) The Minority Leader of the 
                                House of Representatives.
                                    (III) The Majority Leader of the 
                                Senate.
                                    (IV) The Minority Leader of the 
                                Senate.
                                    (V) Each member of the Committee on 
                                Ways and Means of the House of 
                                Representatives.
                                    (VI) Each member of the Committee 
                                on Finance of the Senate.
                    (B) Deadline for report.--Not later than 14 days 
                after the date on which conferees are appointed, the 
                conferees shall file a report with the House of 
                Representatives and the Senate resolving the 
                differences between the Houses on the reform bill.
                    (C) Limitation on scope.--A report filed under 
                subparagraph (B) shall be limited to resolution of the 
                differences between the Houses on the reform bill and 
                shall not include any other matter.
                    (D) House consideration.--
                            (i) In general.--Notwithstanding any other 
                        rule of the House of Representatives, it shall 
                        be in order to immediately consider a report of 
                        a committee of conference on the reform bill 
                        filed in accordance with subparagraph (B).
                            (ii) Debate.--Debate in the House of 
                        Representatives on the conference report shall 
                        be limited to the lesser of 50 hours or 7 days, 
                        equally divided and controlled by the Speaker 
                        of the House of Representatives and the 
                        Minority Leader of the House of Representatives 
                        or their designees.
                            (iii) Limitation on motions.--A motion to 
                        further limit debate on the conference report 
                        is not debatable. A motion to recommit the 
                        conference report is not in order, and it is 
                        not in order to move to reconsider the vote by 
                        which the conference report is agreed to or 
                        disagreed to.
                            (iv) Vote on final passage.--A vote on 
                        final passage of the conference report shall 
                        occur immediately at the conclusion or yielding 
                        back of all time for debate on the conference 
                        report.
                    (E) Senate consideration.--
                            (i) In general.--The motion to proceed to 
                        consideration in the Senate of the conference 
                        report shall not be debatable and the reading 
                        of such conference report shall be deemed to 
                        have been waived.
                            (ii) Debate.--Consideration in the Senate 
                        of the conference report on a reform bill shall 
                        be limited to the lesser of 50 hours or 7 days, 
                        equally divided and controlled by the Majority 
                        Leader and the Minority Leader or their 
                        designees.
                            (iii) Limitation on motion to recommit.--A 
                        motion to recommit the conference report is not 
                        in order.
            (4) Rules of the senate and house of representatives.--This 
        subsection is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                Senate and 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, and it supersedes other rules only to the extent 
                that it is inconsistent with such rules; and
                    (B) 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. 11. TERMINATION.

    The Commission shall terminate 30 days after transmitting its 
recommendations pursuant to section 5.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary for the activities of the Commission. Until such time as 
funds are otherwise specifically appropriated for such activities, 
$2,000,000 shall be available for the activities of the Commission from 
funds otherwise currently appropriated for administrative expenses of 
the Social Security Administration pursuant to section 201(g)(1)(A) of 
the Social Security Act.
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