[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2510 Introduced in Senate (IS)]







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.

    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 ``Social Security Protection, 
Preservation, and Reform Commission Act of 2000''.

               TITLE I--FINDINGS AND OBJECTIVES OF REFORM

SEC. 101. FINDINGS.

    Congress makes the following findings:
            (1) Two-thirds of Americans depend on social security for 
        half or more of their income and 47 percent of beneficiaries 
        would be in poverty without their social security benefits.
            (2) Social security is an unbreakable compact between 
        workers and retirees across generations that must be honored 
        and needs to be sustained.
            (3) The social security trust funds will begin to run a 
        cash-flow deficit in 2015 and trust fund assets are expected to 
        be exhausted by 2037.
            (4) Americans covered by the social security program are 
        required to pay into a system from which they can expect lower 
        rates of return than earlier generations.
            (5) Each year that comprehensive reform of the social 
        security system is postponed, restoring actuarial solvency to 
        the trust funds becomes more expensive and places a greater 
        financial burden on current and future workers.

SEC. 102. OBJECTIVES OF REFORM.

    Congress 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.

              TITLE II--SOCIAL SECURITY REFORM COMMISSION

SEC. 201. ESTABLISHMENT OF COMMISSION.

    There is established a commission to be known as the Social 
Security Protection, Preservation, and Reform Commission (in this title 
referred to as the ``Commission'').

SEC. 202. DUTIES.

    (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 (42 U.S.C. 401 et seq.) in a manner that 
incorporates the objectives of reform set forth in section 102.
    (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. 203. MEMBERSHIP.

    (a) In General.--The Commission shall be composed of 13 members as 
follows:
            (1) Two congressional Members shall be appointed by the 
        Speaker of the House of Representatives.
            (2) Two congressional Members shall be appointed by the 
        Minority Leader of the House of Representatives.
            (3) Two congressional Members shall be appointed by the 
        Majority Leader of the Senate.
            (4) Two congressional Members shall be appointed by the 
        Minority Leader of the Senate.
            (5) The Chairman of the Committee on Finance of the Senate.
            (6) The Ranking Member of the Committee on Finance of the 
        Senate.
            (7) The Chairman of the Committee on Ways and Means of the 
        House of Representatives.
            (8) The Ranking Member of the Committee on Ways and Means 
        of the House of Representatives.
            (10) The Commissioner of Social Security, who shall be an 
        ex officio member of the Commission.
    (b) Deadline for Appointments.--The members of the Commission shall 
be appointed not later than February 1, 2001.
    (c) Co-Chairmen.--The Commission shall designate 2 members of the 
Commission to serve as Co-chairmen of the Commission.
    (d) Terms.--Each member of the Commission shall serve on the 
Commission and, with respect to the Co-chairmen, in such capacity, 
until the earlier of the date the Commission terminates or September 
16, 2001.
    (e) Vacancies.--Any vacancy in the membership of the Commission 
shall be filled in the manner in which the original appointment was 
made and shall not affect the power of the remaining members to execute 
the duties of the Commission.

SEC. 204. QUORUM.

    A quorum shall consist of 7 voting members of the Commission.

SEC. 205. MEETINGS.

    (a) In General.--The Commission shall meet at the call of the Co-
chairmen or a majority of its members.
    (b) Initial Meeting.--The Commission shall conduct its first 
meeting not later than March 1, 2001.
    (c) Open Meetings.--Each meeting of the Commission, other than 
meetings in which classified information is to be discussed, shall be 
open to the public.

SEC. 206. POLICIES AND PROCEDURES.

    The Commission shall establish policies and procedures for carrying 
out the functions of the Commission under this Act.

SEC. 207. STAFF DIRECTOR AND STAFF.

    (a) Staff Director.--The Co-chairmen, with the advice and consent 
of the members of the Commission, shall appoint a Staff Director who is 
not otherwise, and has not during the 1-year period preceding the date 
of such appointment served as, an officer or employee in the executive 
branch and who is not and has not been a Member of Congress. The Staff 
Director shall be paid at a rate not to exceed the rate of basic pay 
payable for level IV of the Executive Schedule under section 5315 of 
title 5, United States Code.
    (b) Staff.--
            (1) In general.--The Staff Director, with the approval of 
        the Commission, may appoint and fix pay of additional 
        personnel. The Staff Director may take such appointments 
        without regard to the provisions of title 5, United States 
        Code, governing appointment in the competitive service, and any 
        personnel so appointed may 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, except that an individual so appointed may not receive 
        pay in excess of the annual rate of basic pay payable for level 
        V of the Executive Schedule under section 5316 of such title.
            (2) Detailees.--
                    (A) In general.--Upon request of the Staff 
                Director, the head of any Federal department or agency 
                may detail any of the personnel of that department or 
                agency to the Commission to assist the Commission in 
                carrying out its duties under this Act. Not more than 
                \1/3\ of the personnel employed by or detailed to the 
                Commission may be on detail from any Federal agency.
                    (B) Additional restrictions.--
                            (i) Personnel.--Not more than \1/3\ of the 
                        personnel detailed to the Commission may be on 
                        detail from any Federal agency that deals 
                        directly or indirectly with the administration 
                        of the social security system.
                            (ii) Analysts.--Not more than \1/5\ of the 
                        professional analysts of the Commission may be 
                        individuals detailed from a Federal agency that 
                        deals directly or indirectly with the 
                        administration of the social security system.
            (3) Experts and consultants.--The Commission may procure by 
        contract, to the extent funds are available, the temporary or 
        intermittent services of experts or consultants pursuant to 
        section 3109 of title 5, United States Code.
            (4) Federal officer or employee.--No member of a Federal 
        agency, and no officer or employee of a Federal agency may--
                    (A) prepare any report concerning the 
                effectiveness, fitness, or efficiency of the 
                performance on the staff of the Commission of any 
                individual detailed from a Federal agency to that 
                staff;
                    (B) review the preparation of such report; or
                    (C) approve or disapprove such a report.
            (5) Limitation on staff size.--Not more than 25 individuals 
        (including any detailees) may serve on the staff of the 
        Commission at any time.

SEC. 208. POWERS.

    (a) 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 to be necessary to carry 
out its duties.
    (b) Studies by General Accounting Office.--Upon the request of the 
Commission, the Comptroller General shall conduct such studies or 
investigations as the Commission determines to be necessary to carry 
out its duties.
    (c) Cost Estimates by Congressional Budget Office.--Upon the 
request of the Commission, the Director of the Congressional Budget 
Office shall provide to the Commission such cost estimates as the 
Commission determines to be necessary to carry out its duties.
    (d) Technical Assistance.--Upon the request of the Commission, the 
head of a Federal agency shall provide such technical assistance to the 
Commission as the Commission determines to be necessary to carry out 
its duties.
    (e) 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.
    (f) Obtaining Information.--The Commission may secure directly from 
any Federal agency information necessary to enable it to carry out its 
duties, if the information may be disclosed under section 552 of title 
5, United States Code. Upon request of the Co-chairmen of the 
Commission, the head of such agency shall furnish such information to 
the Commission.
    (g) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission on a reimbursable basis such administrative support services 
as the Commission may request.
    (h) Acceptance of Donations.--The Commission may accept, use, and 
dispose of gifts or donations of services or property.
    (i) Printing.--For purposes of costs relating to printing and 
binding, including the costs of personnel detailed from the Government 
Printing Office, the Commission shall be deemed to be a committee of 
the Congress.

SEC. 209. TERMINATION.

    The Commission shall terminate 15 days after the date of submission 
of the recommendations for reform required under section 202.

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title, 
such sums as may be necessary for the Commission to carry out its 
duties under this title.

       TITLE III--CONGRESSIONAL CONSIDERATION OF RECOMMENDATIONS

SEC. 301. CONGRESSIONAL CONSIDERATION OF RECOMMENDATIONS.

    (a) Introduction of Recommendations and Committee Consideration.--
            (1) Introduction.--The legislative language transmitted 
        pursuant to section 202(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, immediately upon 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) In general.--Subject to clause (ii), 
                        amendments to the reform bill--
                                    (I) 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; and
                                    (II) during consideration in the 
                                Senate shall be limited to--
                                            (aa) one first degree 
                                        amendment per member or that 
                                        member's designee with 1 hour 
                                        of debate equally divided; and
                                            (bb) germane second degree 
                                        amendments (without limit) with 
                                        30 minutes of debate equally 
                                        divided.
                            (ii) 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)), 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 not be 
                referred to a committee and may only be considered for 
                final passage in the House that receives it under 
                subparagraph (C);
                    (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; and
                    (C) notwithstanding subparagraph (B), the vote on 
                final passage shall be on the reform bill of the other 
                House.
        Upon disposition of a reform bill that is received by one House 
        from the other House, it shall no longer be in order to 
        consider the reform bill that was introduced in the receiving 
        House.
            (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.
                                 <all>