I

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.

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 ‘‘Bipartisan Social Secu5 rity Reform and Results Commission Act of 2001’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) The 2000 Report of the Social Security

9 Board of Trustees projects that the receipts financ-
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1 ing the Social Security trust funds will fall below its

2 outgo in 2015 and the trust funds will be depleted

3 in 2037. At that time only 72 percent of Social Se4 curity benefits would be payable then with incoming

5 receipts.

6 (2) The primary reason is demographic: the

7 post-World War II baby boomers will begin retiring

8 in less than a decade and life expectancy is rising.

9 By 2025 the number of people age 65 and older is

10 predicted to grow by 75 percent. In contrast, the

11 number of workers supporting the system would

12 grow by 13 percent.

13 (3) If there are no other surplus governmental

14 receipts, policymakers would have 3 choices: raise

15 taxes or other income, cut spending, or borrow the

16 money. Mirroring this adverse outlook are public

17 opinion polls showing that fewer than 50 percent of

18 respondents are confident that Social Security can

19 meet its long-term commitments. There also is a

20 widespread perception that Social Security may not

21 be as good a value in the future as it is today.

22 (4) While it is accepted that Social Security re23 form is needed without undue delay, there clearly is

24 no consensus on how this should be accomplished.

25 This was evident by the Report of the 1994–1996
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1 Social Security Advisory Council, which provided 3

2 very different plans but none of which received a

3 majority’s endorsement. It also is reflected by the

4 many bills introduced in the 105th Congress and the

5 106th Congress and proposals by the administration

6 that represent a diversity of approaches to Social Se7 curity reform. As a result of differences within Con8 gress and with the administration, there has been no

9 movement on Social Security reform.

10 (5) This state of affairs shows the need to de11 velop consensus legislation between Congress and

12 the administration that will achieve the objectives of

13 reform stated in section 3 and that can be enacted

14 into law without undue delay.

15 (6) To accomplish such a reform, there is a

16 need to establish a Bipartisan Social Security Re17 form and Results Commission charged with devel18 oping a unified proposal to ensure the long-term re19 tirement security of Americans.

20 SEC. 3. OBJECTIVES OF REFORM.

21 The Congress finds that it must act to reform the

22 social security system 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 SEC. 4. ESTABLISHMENT OF COMMISSION.

2 There is established in the legislative branch a Bipar3 tisan Social Security Reform and Results Commission (in

4 this Act referred to as the ‘‘Commission’’).

5 SEC. 5. DUTIES OF THE COMMISSION.

6 (a) RECOMMENDATIONS FOR REFORM.—Not later

7 than September 1, 2001, the Commission shall make spe8 cific recommendations to Congress for reform of the social

9 security system established under title II of the Social Se10 curity Act in a manner that incorporates the objectives

11 of reform set forth in section 3. The recommendations of

12 the Commission shall be based on its compilation and rec13 onciliation of the recommendations of the task forces con14 vened by the Commission pursuant to section 9 and shall

15 provide for such appropriate interagency support and co16 operation as may be necessary to attain such objectives.

17 (b) LEGISLATIVE LANGUAGE.—The recommenda18 tions required under subsection (a) shall include legislative

19 language necessary for carrying out such recommenda20 tions. The Commission shall develop such legislative lan21 guage after conducting such public hearings and con22 sulting with such public or private entities as the Commis23 sion considers necessary and appropriate to make the rec24 ommendations required under subsection (a).
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1 SEC. 6. COMPOSITION OF THE COMMISSION.

2 (a) NUMBER AND APPOINTMENT.—The Commission

3 shall be composed of 16 members, of whom—

4 (1) 2 members shall be selected by the Chair5 man of the Committee on Ways and Means of the

6 House of Representatives, 1 from among Members

7 of the House, and 1 from among private citizens;

8 (2) 2 members shall be selected by the Chair9 man of the Committee on Finance of the Senate, 1

10 from among Members of the Senate, and 1 from

11 among private citizens;

12 (3) 2 members shall be selected by the ranking

13 member of the Committee on Ways and Means of

14 the House of Representatives, 1 from among Mem15 bers of the House, and 1 from among private citi16 zens;

17 (4) 2 members shall be selected by the ranking

18 member of the Committee on Finance of the Senate,

19 1 from among Members of the Senate, and 1 from

20 among private citizens; and

21 (5) 8 members shall be selected by the Presi22 dent from among Members of the Congress, officers

23 of the executive branch of the United States Govern24 ment, and private citizens, not more than 2 of whom

25 shall be from among Members of the Congress.
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1 The Commissioner of Social Security shall be an ex officio,

2 nonvoting member of the Commission.

3 (b) QUALIFICATIONS.—The members of the Commis4 sion shall consist of individuals who are of recognized

5 standing and distinction who can represent the multiple

6 generations who have a stake in the viability of the Social

7 Security system, and who possess a demonstrated capacity

8 to discharge the duties imposed on the Commission. At

9 least 1 of the members shall be appointed from individuals

10 representing the interests of employees, and at least 1 of

11 the members shall be appointed from individuals rep12 resenting the interests of employers.

13 (c) CHAIR.—The President shall designate a member

14 of the Commission to serve as Chair of the Commission

15 who shall chair the Commission, determine its duties, and

16 supervise its staff.

17 (d) TERMS OF APPOINTMENT.—The members of the

18 Commission shall be appointed not more than 30 days

19 after the date of the enactment of this Act. The members

20 of the Commission shall serve for the life of the Commis21 sion.

22 (e) VACANCIES.—A vacancy in the Commission shall

23 not affect the power of the remaining members to execute

24 the duties of the Commission but any such vacancy shall
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1 be filled in the same manner in which the original appoint2 ment was made.

3 SEC. 7. PROCEDURES.

4 (a) MEETINGS.—The Commission shall meet at the

5 call of its Chair or a quorum of its members.

6 (b) QUORUM.—A quorum shall consist of nine mem7 bers of the Commission, except that a lesser number may

8 conduct a hearing under subsection (c).

9 (c) HEARINGS AND OTHER ACTIVITIES.—For the

10 purpose of carrying out its duties, the Commission may

11 hold such hearings and undertake such other activities as

12 the Commission determines necessary to carry out its du13 ties.

14 (d) OBTAINING INFORMATION.—Upon request of the

15 Commission, the Commissioner of Social Security and the

16 head of any other agency or instrumentality of the Federal

17 Government shall furnish information deemed necessary

18 by the panel to enable it to carry out its duties.

19 SEC. 8. ADMINISTRATION.

20 (a) COMPENSATION.—Except as provided in sub21 section (b), members of the Commission shall receive no

22 additional pay, allowances, or benefits by reason of their

23 service on the Commission.

24 (b) TRAVEL EXPENSES AND PER DIEM.—Each mem25 ber of the Commission who is not a present Member of
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1 the Congress and who is not otherwise an officer or em2 ployee of the Federal Government shall receive travel ex3 penses and per diem in lieu of subsistence in accordance

4 with sections 5702 and 5703 of title 5, United States

5 Code.

6 (c) STAFF AND SUPPORT SERVICES.—

7 (1) STAFF DIRECTOR.—

8 (A) APPOINTMENT.—The Chair in accord9 ance with the rules agreed upon by the Com10 mission shall appoint a staff director for the

11 Commission.

12 (B) COMPENSATION.—The staff director

13 shall be paid at a rate not to exceed the rate

14 established for level V of the Executive Sched15 ule under section 5315 of title 5, United States

16 Code.

17 (2) STAFF.—The Chair in accordance with the

18 rules agreed upon by the Commission shall appoint

19 such additional personnel as the Commission deter20 mines to be necessary.

21 (3) APPLICABILITY OF CIVIL SERVICE LAWS.—

22 The staff director and other members of the staff of

23 the Commission shall be appointed without regard to

24 the provisions of title 5, United States Code, gov25 erning appointments in the competitive service, and
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1 shall be paid without regard to the provisions of

2 chapter 51 and subchapter III of chapter 53 of such

3 title relating to classification and General Schedule

4 pay rates.

5 (4) EXPERTS AND CONSULTANTS.—With the

6 approval of the Commission, the staff director may

7 procure temporary and intermittent services under

8 section 3109(b) of title 5, United States Code.

9 (d) PHYSICAL FACILITIES.—The Architect of the

10 Capitol, in consultation with the appropriate entities in the

11 legislative branch, shall locate and provide suitable office

12 space for the operation of the Commission on a non13 reimbursable basis. The facilities shall serve as the head14 quarters of the Commission and shall include all necessary

15 equipment and incidentals required for the proper func16 tioning of the Commission.

17 (e) ADMINISTRATIVE SUPPORT SERVICES AND

18 OTHER ASSISTANCE.—

19 (1) Upon the request of the Commission, the

20 Architect of the Capitol, the Commissioner of Social

21 Security, and the Administrator of General Services

22 shall provide to the Commission on a nonreimburs23 able basis such administrative support services as

24 the Commission may request.
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1 (2) In addition to the assistance set forth in

2 paragraphs (1) and (2), departments and agencies of

3 the United States may provide the Commission such

4 services, funds, facilities, staff, and other support

5 services as the Commission may deem advisable and

6 as may be authorized by law.

7 (f) USE OF MAILS.—The Commission may use the

8 United States mails in the same manner and under the

9 same conditions as Federal agencies and shall, for pur10 poses of the frank, be considered a commission of Con11 gress as described in section 3215 of title 39, United

12 States Code.

13 (g) PRINTING.—For purposes of costs relating to

14 printing and binding, including the cost of personnel de15 tailed from the Government Printing Office, the Commis16 sion shall be deemed to be a committee of the Congress.

17 SEC. 9. TASK FORCES.

18 (a) IN GENERAL.—For purposes of compiling rec19 ommendations of the Commission for submission to the

20 Congress pursuant to section 5, the Commission shall des21 ignate agencies and instrumentalities of the Federal Gov22 ernment, as it determines appropriate, to provide the

23 Commission with representatives thereof for service on the

24 following task forces:
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1 (1) a task force to consider matters relating to

2 information processing and capability;

3 (2) a task force to consider matters relating to

4 personal account regulation;

5 (3) a task force to consider matters relating to

6 investment options;

7 (4) a task force to consider matters relating to

8 administrative costs and fund management; and

9 (5) such additional task forces as the Commis10 sion deems appropriate.

11 In the process of convening each task force, the Commis12 sion shall prescribe specific goals to be addressed by such

13 task force. Such goals shall be formulated so as to effec14 tively obtain the expeditious attainment of the objectives

15 specified in section 3.

16 (b) DESIGNATED AGENCIES.—The agencies to be

17 designated by the Commission shall include the Social Se18 curity Administration, the Department of the Treasury,

19 the Department of Labor, the Office of the Comptroller

20 of the Currency, the Securities and Exchange Commission,

21 and other appropriate agencies and instrumentalities, as

22 determined by the Commission.

23 (c) AGENCY COOPERATION.—Each agency and in24 strumentality designated by the Commission pursuant to

25 subsection (a) in connection with one or more task forces
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1 specified in subsection (a) shall assign to the Commission

2 representatives of such agency or instrumentality for serv3 ice on such task forces. The Commission, and each agency

4 and instrumentality designated for service on a task force

5 under this section, shall provide such staff and administra6 tive support services to the task force as may be necessary

7 and appropriate, in accordance with procedures which

8 shall be prescribed by the Commission.

9 (d) DUTIES OF TASK FORCES.—The Commission

10 shall assign each task force a deadline for submitting its

11 recommendations to the Commission and shall inform

12 each House of the Congress of the convening of each task

13 force and the deadline assigned to it. Each task force con14 vened pursuant to subsection (a) shall, by such date as

15 shall be specified by the Commission, provide the Commis16 sion with its recommendations for attaining the goals ad17 dressed by the task force, together with appropriate time18 tables for achieving such goals.

19 (e) SEPARATE REPORTS AND TERMINATION.—Upon

20 submission by each task force of its recommendations to

21 the Commission, the task force shall submit to each House

22 of the Congress a copy of its recommendations to the

23 Commission, and shall thereupon terminate.
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1 SEC. 10. CONGRESSIONAL CONSIDERATION OF REC2 OMMENDATIONS.

3 (a) INTRODUCTION OF RECOMMENDATIONS AND

4 COMMITTEE CONSIDERATION.—

5 (1) INTRODUCTION.—The legislative language

6 transmitted pursuant to section 5(b) with the rec7 ommendations for reform of the Commission shall be

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

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

10 in the House of Representatives by the Speaker, and

11 in the Senate, by the Majority Leader, on the first

12 day of session ending after receipt of the language

13 and such reform bill shall be referred to the appro14 priate committee of Congress under paragraph (2).

15 If the reform bill is not introduced in accordance

16 with the preceding sentence, the reform bill may be

17 introduced in either House of Congress by any mem18 ber thereof.

19 (2) COMMITTEE CONSIDERATION.—

20 (A) REFERRAL.—A reform bill introduced

21 in the House of Representatives shall be re22 ferred to the Committee on Ways and Means of

23 the House of Representatives. A reform bill in24 troduced in the Senate shall be referred to the

25 Committee on Finance of the Senate.
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1 (B) REPORTING.—Not later than 30 days

2 after the introduction of the reform bill, the

3 committee of Congress to which the reform bill

4 was referred shall report the bill or a committee

5 amendment thereto.

6 (C) DISCHARGE OF COMMITTEE.—If the

7 committee to which is referred a reform bill has

8 not reported such reform bill (or an identical

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

10 its introduction or at the end of the first day

11 after there has been reported to the House in12 volved a reform bill, whichever is earlier, such

13 committee shall be deemed to be discharged

14 from further consideration of such reform bill

15 and such reform bill shall be placed on the ap16 propriate calendar of the House involved.

17 (b) EXPEDITED PROCEDURE.—

18 (1) CONSIDERATION.—

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

20 after the date on which a committee has been

21 discharged from consideration of a reform bill,

22 the Speaker of the House of Representatives, or

23 the Speaker’s designee, or the Majority Leader

24 of the Senate, or the Leader’s designee, shall

25 move to proceed to the consideration of the
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1 committee amendment to the reform bill, and

2 if there is no such amendment, to the reform

3 bill. It shall also be in order for any member

4 of the House of Representatives or the Senate,

5 respectively, to move to proceed to the consider6 ation of the reform bill at any time after the

7 conclusion of such 2-day period.

8 (B) POINTS OF ORDER WAIVED.—All

9 points of order against the reform bill (and

10 against consideration of the reform bill) are

11 waived.

12 (C) MOTION TO PROCEED.—A motion to

13 proceed to the consideration of the reform bill

14 is highly privileged in the House of Representa15 tives and is privileged in the Senate and is not

16 debatable. The motion is not subject to amend17 ment, to a motion to postpone consideration of

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

19 consideration of other business. A motion to re20 consider the vote by which the motion to pro21 ceed is agreed to or not agreed to shall not be

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

23 the House of Representatives or the Senate, as

24 the case may be, shall immediately proceed to

25 consideration of the reform bill without inter-
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1 vening motion, order, or other business, and the

2 reform bill shall remain the unfinished business

3 of the House of Representatives or the Senate,

4 as the case may be, until disposed of.

5 (D) LIMITED DEBATE.—Debate on the re6 form bill and on all debatable motions and ap7 peals in connection therewith shall be limited to

8 not more than the lesser of 100 hours or 14

9 days, which shall be divided equally between

10 those favoring and those opposing the reform

11 bill. A motion further to limit debate on the re12 form bill is in order and not debatable.

13 (E) AMENDMENTS.—

14 (i) CONSIDERATION IN THE HOUSE OF

15 REPRESENTATIVES.—Subject to clause

16 (iii), amendments to the reform bill during

17 consideration in the House of Representa18 tives shall be limited in accordance with a

19 rule adopted by the Committee on Rules of

20 the House of Representatives.

21 (ii) CONSIDERATION IN THE SEN22 ATE.—Subject to clause (iii), amendments

23 to the reform bill during consideration in

24 the Senate shall be limited to—
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1 (I) one first degree amendment

2 per member or that member’s des3 ignee with 1 hour of debate equally di4 vided; and

5 (II) germane second degree

6 amendments (without limit) with 30

7 minutes of debate equally divided.

8 (iii) LEADERSHIP AMENDMENTS.—

9 The Speaker of the House of Representa10 tives and the Minority Leader of the

11 House of Representatives and the Majority

12 Leader of the Senate and the Minority

13 Leader of the Senate may each offer 1

14 first degree amendment (in addition to the

15 amendments afforded such members under

16 clause (i) or (ii)), with 4 hours of debate

17 equally divided on each such amendment

18 offered. No second degree amendments

19 may be offered by the Speaker of the

20 House of Representatives, the Minority

21 Leader of the House of Representatives,

22 the Majority Leader of the Senate, or the

23 Minority Leader of the Senate in their

24 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 be subject to the same rules as the rules under

3 this section governing the reform bill introduced

4 in the receiving House; and

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 Upon passage of a reform bill by either House (or

12 upon adoption of an amendment by either House to

13 a reform bill received from the other House), it shall

14 no longer be in order in the House passing such bill

15 (or amendment) to consider any other reform bill

16 under this section.

17 (3) CONSIDERATION IN CONFERENCE.—

18 (A) CONVENING OF CONFERENCE.—

19 (i) IN GENERAL.—Immediately upon a

20 final passage of the reform bill that results

21 in a disagreement between the two Houses

22 of Congress with respect to the bill, the

23 conferees described in clause (ii) shall be

24 appointed and a conference convened.
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1 (ii) CONFEREES DESCRIBED.—The

2 conferees described in this clause are the

3 following:

4 (I) The Speaker of the House of

5 Representatives.

6 (II) The Minority Leader of the

7 House of Representatives.

8 (III) The Majority Leader of the

9 Senate.

10 (IV) The Minority Leader of the

11 Senate.

12 (V) Each member of the Com13 mittee on Ways and Means of the

14 House of Representatives.

15 (VI) Each member of the Com16 mittee on Finance of the Senate.

17 (B) DEADLINE FOR REPORT.—Not later

18 than 14 days after the date on which conferees

19 are appointed, the conferees shall file a report

20 with the House of Representatives and the Sen21 ate resolving the differences between the

22 Houses on the reform bill.

23 (C) LIMITATION ON SCOPE.—A report filed

24 under subparagraph (B) shall be limited to res25 olution of the differences between the Houses
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1 on the reform bill and shall not include any

2 other matter.

3 (D) HOUSE CONSIDERATION.—

4 (i) IN GENERAL.—Notwithstanding

5 any other rule of the House of Representa6 tives, it shall be in order to immediately

7 consider a report of a committee of con8 ference on the reform bill filed in accord9 ance with subparagraph (B).

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

11 Representatives on the conference report

12 shall be limited to the lesser of 50 hours

13 or 7 days, equally divided and controlled

14 by the Speaker of the House of Represent15 atives and the Minority Leader of the

16 House of Representatives or their des17 ignees.

18 (iii) LIMITATION ON MOTIONS.—A

19 motion to further limit debate on the con20 ference report is not debatable. A motion

21 to recommit the conference report is not in

22 order, and it is not in order to move to re23 consider the vote by which the conference

24 report is agreed to or disagreed to.
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1 (iv) VOTE ON FINAL PASSAGE.—A

2 vote on final passage of the conference re3 port shall occur immediately at the conclu4 sion or yielding back of all time for debate

5 on the conference report.

6 (E) SENATE CONSIDERATION.—

7 (i) IN GENERAL.—The motion to pro8 ceed to consideration in the Senate of the

9 conference report shall not be debatable

10 and the reading of such conference report

11 shall be deemed to have been waived.

12 (ii) DEBATE.—Consideration in the

13 Senate of the conference report on a re14 form bill shall be limited to the lesser of 50

15 hours or 7 days, equally divided and con16 trolled by the Majority Leader and the Mi17 nority Leader or their designees.

18 (iii) LIMITATION ON MOTION TO RE19 COMMIT.—A motion to recommit the con20 ference report is not in order.

21 (4) RULES OF THE SENATE AND HOUSE OF

22 REPRESENTATIVES.—This subsection is enacted by

23 Congress—

24 (A) as an exercise of the rulemaking power

25 of the Senate and House of Representatives, re-
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1 spectively, and is deemed to be part of the rules

2 of each House, respectively, but applicable only

3 with respect to the procedure to be followed in

4 that House in the case of a bill, and it super5 sedes other rules only to the extent that it is in6 consistent with such rules; and

7 (B) with full recognition of the constitu8 tional right of either House to change the rules

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

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

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

12 rule of that House.

13 SEC. 11. TERMINATION.

14 The Commission shall terminate 30 days after trans15 mitting its recommendations pursuant to section 5.

16 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

17 There are authorized to be appropriated such sums

18 as may be necessary for the activities of the Commission.

19 Until such time as funds are otherwise specifically appro20 priated for such activities, $2,000,000 shall be available

21 for the activities of the Commission from funds otherwise

22 currently appropriated for administrative expenses of the

23 Social Security Administration pursuant to section

24 201(g)(1)(A) of the Social Security Act.

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