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 Com-
mittee 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Bipartisan Social Secu-
rity 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 financ-
ing 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 Se-
curity 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 re-
form 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
(2) the long-term solvency of the social security
system is guaranteed for at least 75 years without
any foreseeable funding shortfall immediately fol-
lowing that period and cash-flow deficits and pres-
sure 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 con-
tributions;
(4) all Americans, particularly low-income work-
ers, are provided the opportunity to share in our Na-
tion’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 non-
social 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 re-
form.
SEC. 4. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch a Bipar-
tisan 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 spe-
cific recommendations to Congress for reform of the social
security system established under title II of the Social Se-
curity 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 rec-
onciliation of the recommendations of the task forces con-
vened by the Commission pursuant to section 9 and shall
provide for such appropriate interagency support and co-
operation as may be necessary to attain such objectives.
(b) LEGISLATIVE LANGUAGE.—The recommenda-
tions required under subsection (a) shall include legislative
language necessary for carrying out such recommenda-
tions. The Commission shall develop such legislative lan-
guage after conducting such public hearings and con-
sulting with such public or private entities as the Commis-
sion considers necessary and appropriate to make the rec-
ommendations 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 Chair-
man 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 Chair-
man 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 Mem-
bers of the House, and 1 from among private citi-
zens;
(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 Presi-
dent from among Members of the Congress, officers
of the executive branch of the United States Govern-
ment, 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 Commis-
sion 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 rep-
resenting 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 Commis-
sion.
(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 appoint-
ment 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 mem-
bers 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 du-
ties.
(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 sub-
section (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 mem-
ber of the Commission who is not a present Member of
the Congress and who is not otherwise an officer or em-
ployee of the Federal Government shall receive travel ex-
penses 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 accord-
ance with the rules agreed upon by the Com-
mission 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 Sched-
ule 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 deter-
mines 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, gov-
erning 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 non-
reimbursable basis. The facilities shall serve as the head-
quarters of the Commission and shall include all necessary
equipment and incidentals required for the proper func-
tioning 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 nonreimburs-
able 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 pur-
poses of the frank, be considered a commission of Con-
gress 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 de-
tailed from the Government Printing Office, the Commis-
sion shall be deemed to be a committee of the Congress.
SEC. 9. TASK FORCES.
(a) IN GENERAL.—For purposes of compiling rec-
ommendations of the Commission for submission to the
Congress pursuant to section 5, the Commission shall des-
ignate agencies and instrumentalities of the Federal Gov-
ernment, 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 Commis-
sion deems appropriate.
In the process of convening each task force, the Commis-
sion shall prescribe specific goals to be addressed by such
task force. Such goals shall be formulated so as to effec-
tively 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 Se-
curity 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 in-
strumentality 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 serv-
ice 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 administra-
tive 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 con-
vened pursuant to subsection (a) shall, by such date as
shall be specified by the Commission, provide the Commis-
sion with its recommendations for attaining the goals ad-
dressed by the task force, together with appropriate time-
tables 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 
REC-
OMMENDATIONS.
(a) INTRODUCTION
OF
RECOMMENDATIONS
AND
COMMITTEE CONSIDERATION.—
(1) INTRODUCTION.—The legislative language
transmitted pursuant to section 5(b) with the rec-
ommendations 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 appro-
priate 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 mem-
ber thereof.
(2) COMMITTEE CONSIDERATION.—
(A) REFERRAL.—A reform bill introduced
in the House of Representatives shall be re-
ferred to the Committee on Ways and Means of
the House of Representatives. A reform bill in-
troduced 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 in-
volved 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 ap-
propriate 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 consider-
ation 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 Representa-
tives and is privileged in the Senate and is not
debatable. The motion is not subject to amend-
ment, 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 re-
consider the vote by which the motion to pro-
ceed 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 inter-
vening 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 re-
form bill and on all debatable motions and ap-
peals 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 re-
form 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 Representa-
tives shall be limited in accordance with a
rule adopted by the Committee on Rules of
the House of Representatives.
(ii) CONSIDERATION
IN
THE
SEN-
ATE.—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 des-
ignee with 1 hour of debate equally di-
vided; and
(II) 
germane 
second 
degree
amendments (without limit) with 30
minutes of debate equally divided.
(iii) LEADERSHIP
AMENDMENTS.—
The Speaker of the House of Representa-
tives 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.
spectively, 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 super-
sedes other rules only to the extent that it is in-
consistent with such rules; and
(B) with full recognition of the constitu-
tional 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 trans-
mitting 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 appro-
priated 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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