I
104TH CONGRESS
2D SESSION
H. R. 3077
To establish a Commission on Retirement Income Policy.
IN THE HOUSE OF REPRESENTATIVES
MARCH 13, 1996
Mr. POMEROY (for himself and Mrs. JOHNSON of Connecticut) introduced the
following bill; which was referred to the Committee on Economic and
Educational Opportunities
A BILL
To establish a Commission on Retirement Income Policy.
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 ‘‘Commission on Retire-
ment Income Policy Act of 1996’’.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the
Commission on Retirement Income Policy (in this Act re-
ferred to as the ‘‘Commission’’).
SEC. 3. DUTIES.
(a) IN GENERAL.—The Commission shall conduct a
full and complete review and study of—
(1) trends in retirement savings in the United
States;
(2) existing Federal incentives and programs
that are established to encourage and protect such
savings; and
(3) new Federal incentives and programs that
are needed to encourage and protect such savings.
(b) SPECIFIC ISSUES.—In fulfilling the duty de-
scribed in subsection (a), the Commission shall address—
(1) the amount and sources of Federal and pri-
vate funds, including tax expenditures (as defined in
section 3 of the Congressional Budget Act of 1974
(2 U.S.C. 622)), needed to finance the incentives
and programs referred to in subsection (a)(2) and
any new Federal incentive or program that the Com-
mission recommends be established;
(2) the most efficient and effective manner,
considering the needs of retirement plan sponsors
for simplicity, reasonable cost, and appropriate in-
centives, of ensuring that individuals in the United
States will have adequate retirement savings;
(3) the amounts of retirement income that fu-
ture retirees will need to replace various levels of
preretirement income, including amounts necessary
to pay for medical and long-term care;
(4) the workforce and demographic trends that
affect the pensions of future retirees;
(5) the role of retirement savings in the econ-
omy of the United States;
(6) sources of retirement income other than pri-
vate pensions that are available to individuals in the
United States; and
(7) the shift away from insured and qualified
pension benefits in the United States.
(c) RECOMMENDATIONS.—
(1) IN GENERAL.—The Commission shall for-
mulate recommendations based on the review and
study conducted under subsection (a). The rec-
ommendations shall include measures that address
the needs of future retirees for—
(A) appropriate pension plan coverage and
other mechanisms for saving for retirement;
(B) an adequate retirement income;
(C) preservation of benefits they accumu-
late by participating in pension plans;
(D) information concerning pension plan
benefits; and
(E) procedures to resolve disputes involv-
ing such benefits.
(2) EFFECT ON FEDERAL BUDGET DEFICIT.—
A recommendation of the Commission for a new
Federal incentive or program that would result in an
increase in the Federal budget deficit shall not ap-
pear in the report required under section 7 unless it
is accompanied by a recommendation for offsetting
the increase.
SEC. 4. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—
(1) IN
GENERAL.—The Commission shall be
composed of 18 members appointed not later than
90 days after the date of the enactment of this Act.
The Commission shall consist of the following mem-
bers:
(A) 4 individuals appointed by the Presi-
dent.
(B) 7 individuals appointed by the Speaker
of the House of Representatives.
(C) 7 individuals appointed by the Presi-
dent pro tempore of the Senate.
(2) AGREEMENT WITH MINORITY LEADERS.—3
of the appointments made under paragraph (1)(B)
shall be made in agreement with the minority leader
of the House of Representatives. 3 of the appoint-
ments made under paragraph (1)(C) shall be made
in agreement with the minority leader of the Senate.
(3) QUALIFICATIONS.—The individuals referred
to in paragraph (1) shall be Members of the Con-
gress, leaders of business or labor, distinguished aca-
demics, or other individuals with distinctive quali-
fications or experience.
(b) TERMS.—Each member shall be appointed for the
life of the Commission.
(c) VACANCIES.—A vacancy in the Commission shall
be filled not later than 90 days after the date of the cre-
ation of the vacancy in the manner in which the original
appointment was made.
(d) COMPENSATION.—
(1) RATES
OF
PAY.—Except as provided in
paragraph (2), members of the Commission shall
serve without pay.
(2) TRAVEL EXPENSES.—Each member of the
Commission shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States
Code.
(e) QUORUM.—10 members of the Commission shall
constitute a quorum, but 6 members may hold hearings,
take testimony, or receive evidence.
(f) CHAIRPERSON.—The chairperson of the Commis-
sion shall be elected by a majority vote of the members
of the Commission.
(g) MEETINGS.—The Commission shall meet at the
call of the chairperson of the Commission.
(h) DECISIONS.—Decisions of the Commission shall
be made according to the vote of not less than a majority
of the members who are present and voting at a meeting
called pursuant to subsection (g).
SEC. 5. STAFF AND SUPPORT SERVICES.
(a) EXECUTIVE DIRECTOR.—The Commission shall
have an executive director appointed by the Commission.
The Commission shall fix the pay of the executive director.
(b) STAFF.—The Commission may appoint and fix
the pay of additional personnel as it considers appropriate.
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The executive director and staff of the Commis-
sion may be appointed without regard to the provisions
of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard
to the provisions of chapter 51 and subchapter III of chap-
ter 53 of that title relating to classification and General
Schedule pay rates.
(d) EXPERTS AND CONSULTANTS.—The Commission
may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates
the Commission determines to be appropriate.
(e) STAFF OF FEDERAL AGENCIES.—Upon request
of the Commission, the head of any Federal agency may
detail, on a reimbursable basis, any of the personnel of
the agency to the Commission to assist it in carrying out
its duties under this Act.
(f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
request of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimburs-
able basis, the administrative support services necessary
for the Commission to carry out its responsibilities under
this Act.
SEC. 6. POWERS.
(a) HEARINGS AND SESSIONS.—
(1) IN GENERAL.—The Commission may, for
the purpose of carrying out this Act, hold hearings,
sit and act at times and places, take testimony, and
receive evidence as the Commission considers appro-
priate. The Commission may administer oaths or af-
firmations to witnesses appearing before it.
(2) PUBLIC HEARINGS.—The Commission may
hold public hearings to receive the views of a broad
spectrum of the public on the status of the private
retirement system of the United States.
(b) DELEGATION
OF AUTHORITY.—Any member,
committee, or agent of the Commission may, if authorized
by the Commission, take any action which the Commission
is authorized to take by this section.
(c) INFORMATION.—
(1) INFORMATION FROM FEDERAL AGENCIES.—
(A) IN GENERAL.—The Commission may
secure directly from any Federal agency infor-
mation necessary to enable it to carry out this
Act. Upon request of the Commission, the head
of the Federal agency shall furnish the informa-
tion to the Commission.
(B) EXCEPTION.—Subparagraph (A) shall
not apply to any information that the Commis-
sion is prohibited to secure or request by an-
other law.
(2) PUBLIC SURVEYS.—The Commission may
conduct the public surveys necessary to enable it to
carry out this Act. In conducting such surveys, the
Commission shall not be considered an agency for
purposes of chapter 35 of title 44, United States
Code.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other Federal agencies.
(e) CONTRACT AND PROCUREMENT AUTHORITY.—
The Commission may make purchases, and may contract
with and compensate government and private agencies or
persons for property or services, without regard to—
(1) section 3709 of the Revised Statutes (41
U.S.C. 5); and
(2) title III of the Federal Property and Ad-
ministrative Services Act of 1949 (41 U.S.C. 251 et
seq.).
(f) GIFTS.—The Commission may accept, use, and
dispose of gifts of services or property, both real and per-
sonal, for the purpose of assisting the work of the Com-
mission. Gifts of money and proceeds from sales of prop-
erty received as gifts shall be deposited in the Treasury
and shall be available for disbursement upon order of the
Commission. For purposes of Federal income, estate, and
gift taxes, property accepted under this subsection shall
be considered as a gift to the United States.
(g) VOLUNTEER SERVICES.—Notwithstanding sec-
tion 1342 of title 31, United States Code, the Commission
may accept and use voluntary and uncompensated services
as the Commission determines necessary.
SEC. 7. REPORT.
Not later than December 31, 1997, the Commission
shall submit a report to the President, the majority and
minority leaders of the Senate, and the majority and mi-
nority leaders of the House of Representatives. The report
shall review the matters that the Commission is required
to study under section 3 and shall set forth the rec-
ommendations of the Commission.
SEC. 8. TERMINATION.
The Commission shall terminate not later than the
expiration of the 90-day period beginning on the date on
which the Commission submits its report under section 7.
Æ