[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3507 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3507

      To establish a National Commission on Entitlement Solvency.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2006

  Mr. Cornyn introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
      To establish a National Commission on Entitlement Solvency.

    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 ``National Commission on Entitlement 
Solvency Act of 2006''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Centers for Medicare & Medicaid Services.
            (2) Calendar day.--The term ``calendar day'' means a 
        calendar day other than such a day in which either House is not 
        in session because of an adjournment of more than 3 days to a 
        date certain.
            (3) Commission.--The term ``Commission'' means the National 
        Commission on Entitlement Solvency established under section 
        3(a).
            (4) Commission bill.--The term ``Commission bill'' means a 
        bill consisting of the proposed legislative language provisions 
        of the Commission introduced under section 4(a).
            (5) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Social Security.
            (6) Long-term.--The term ``long-term'' means a period of 
        not less than 75 years beginning on the date of enactment of 
        this Act.
            (7) Medicare.--The term ``Medicare'' means the program 
        established under title XVIII of the Social Security Act (42 
        U.S.C. 1395 et seq.).
            (8) Social security.--The term ``Social Security'' means 
        the program of old-age, survivors, and disability insurance 
        benefits established under title II of the Social Security Act 
        (42 U.S.C. 401 et seq.).
            (9) Solvency.--The term ``Solvency'' means--
                    (A) in relation to Social Security, any year in 
                which the balance ratio (as defined under section 
                709(b) of the Social Security Act (42 U.S.C. 910(b)) of 
                the Federal Old-Age and Survivors Insurance Trust Fund 
                and the Federal Disability Insurance Trust Fund 
                established under section 201 of the Social Security 
                Act (42 U.S.C. 401) is greater than zero; and
                    (B) in relation to the Medicare program, any year 
                in which there is not excess general revenue medicare 
                funding (as defined in section 801(c)(1) of the 
                Medicare Prescription Drug, Improvement, and 
                Modernization Act of 2003 (Public Law 108-173; 117 
                Stat. 2358)).

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``National Commission on Entitlement Solvency''.
    (b) Purpose.--The Commission shall conduct a comprehensive review 
of the Social Security and Medicare programs for the following 
purposes:
            (1) Review.--Reviewing relevant analyses of the current and 
        long-term actuarial financial condition of the Social Security 
        and Medicare programs.
            (2) Identifying problems.--Identifying problems that may 
        threaten the long-term solvency of the Social Security and 
        Medicare programs.
            (3) Analyzing potential solutions.--Analyzing potential 
        solutions to problems that threaten the long-term solvency of 
        the Social Security and Medicare programs.
            (4) Providing recommendations.--Providing recommendations 
        that will ensure the long-term solvency of the Social Security 
        and Medicare programs and the provision of appropriate 
        benefits.
    (c) Duties.--
            (1) In general.--The Commission shall conduct a 
        comprehensive review of the Social Security and Medicare 
        programs consistent with the purposes described in subsection 
        (b) and shall submit the report required under paragraph (2).
            (2) Report and recommendations.--
                    (A) In general.--Not later than May 1, 2007, the 
                Commission shall submit a report on the long-term 
                solvency of the Social Security and Medicare programs 
                that contains a detailed statement of the findings, 
                conclusions, and recommendations of the Commission to 
                the President, Congress, the Commissioner, and the 
                Administrator.
                    (B) Findings, conclusions, and recommendations.--A 
                finding, conclusion, or recommendation of the 
                Commission shall be included in the report under 
                subparagraph (A) only if not less than 10 members of 
                the Commission voted for such finding, conclusion, or 
                recommendation.
                    (C) Legislative language.--If a recommendation 
                submitted under subparagraph (A) involves legislative 
                action, the report shall include proposed legislative 
                language to carry out such action.
    (d) Membership.--
            (1) Number and appointment.--The Commission shall be 
        composed of 15 members of whom--
                    (A) three shall be appointed by the President;
                    (B) three shall be appointed by the majority leader 
                of the Senate;
                    (C) three shall be appointed by the minority leader 
                of the Senate;
                    (D) three shall be appointed by the Speaker of the 
                House of Representatives; and
                    (E) three shall be appointed by the minority leader 
                of the House of Representatives.
            (2) Co-chairpersons.--The President shall designate 2 Co-
        chairpersons from among the members of the Commission appointed 
        under paragraph (1)(A), neither of whom may be affiliated with 
        the same political party.
            (3) Date.--Members of the Commission shall be appointed by 
        not later than 30 days after the date of enactment of this Act.
            (4) Period of appointment.--Members shall be appointed for 
        the life of the Commission. Any vacancy in the Commission shall 
        not affect its powers, but shall be filled in the same manner 
        as the original appointment.
            (5) Termination.--The Commission shall terminate on the 
        date that is 90 days after the Commission submits the report 
        required under subsection (c)(2).
    (e) Administration.--
            (1) Quorum.--Eight members of the Commission shall 
        constitute a quorum for purposes of voting, but a quorum is not 
        required for members to meet and hold hearings.
            (2) Meetings.--The Commission shall meet at the call of the 
        Co-chairpersons or a majority of its members.
            (3) Hearings.--The Commission may, for the purpose of 
        carrying out this section--
                    (A) hold such hearings, sit and act at such times 
                and places, take such testimony, receive such evidence, 
                and administer such oaths the Commission considers 
                advisable;
                    (B) require, by subpoena or otherwise, the 
                attendance and testimony of such witnesses the 
                Commission considers advisable; and
                    (C) require, by subpoena or otherwise, the 
                production of such books, records, correspondence, 
                memoranda, papers, documents, tapes, and other 
                evidentiary materials relating to any matter under 
                investigation by the Commission.
            (4) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued 
                        under this subsection only--
                                    (I) by the agreement of the Co-
                                chairpersons of the Commission; or
                                    (II) by the affirmative vote of 8 
                                members of the Commission.
                            (ii) Signature.--Subpoenas issued under 
                        this subsection maybe issued under the 
                        signature of the Co-chairpersons of the 
                        Commission and may be served--
                                    (I) by any person designated by the 
                                Co-chairpersons; or
                                    (II) by a member designated by a 
                                majority of the Commission.
                    (B) Enforcement.--In the case of contumacy or 
                failure to obey a subpoena issued under this 
                subsection, the United States district court for the 
                judicial district in which the subpoenaed person 
                resides, is served, or may be found, may issue an order 
                requiring such person to appear at any designated place 
                to testify or to produce documentary or other evidence. 
                Any failure to obey the order of the court may be 
                punished by the court as a contempt of that court.
            (5) Compensation.--Members of the Commission shall serve 
        without any additional compensation for their work on the 
        Commission. However, members may be allowed travel expenses, 
        including per diem in lieu of subsistence, in accordance with 
        sections 5702 and 5703 of title 5, United States Code, while 
        away from their homes or regular places of business in 
        performance of services for the Commission.
            (6) Staff.--
                    (A) Director.--The Commission shall have a staff 
                headed by an Executive Director.
                    (B) Staff appointment.--The Executive Director may 
                appoint such personnel as the Executive Director and 
                the Commission determines to be appropriate.
                    (C) Actuarial experts and consultants.--With the 
                approval of the Commission, the Executive Director may 
                procure temporary and intermittent services under 
                section 3109(b) of title 5, United States Code.
                    (D) Federal agencies.--
                            (i) Detail of government employees.--Upon 
                        the request of the Commission, the head of any 
                        Federal agency may detail, without 
                        reimbursement, any of the personnel of such 
                        agency to the Commission to assist in carrying 
                        out the duties of the Commission. Any such 
                        detail shall not interrupt or otherwise affect 
                        the civil service status or privileges of the 
                        Federal employee.
                            (ii) 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) Resources.--The Commission shall have 
                reasonable access to materials, resources, statistical 
                data, and other information the Commission determines 
                to be necessary to carry out its duties from the 
                Library of Congress, the Chief Actuary of Social 
                Security, the Chief Actuary of the Centers for Medicare 
                & Medicaid Services, the Congressional Budget Office, 
                and other agencies and representatives of the executive 
                and legislative branches of the Federal Government. The 
                Chairpersons shall make requests for such access in 
                writing when necessary.
    (f) Funding.--The Commission shall receive, from amounts 
appropriated to the Commissioner and the Administrator, respectively, 
for fiscal year 2007 for administrative expenses, such sums as are 
necessary to carry out the purposes of this section.

SEC. 4. EXPEDITED CONSIDERATION OF COMMISSION RECOMMENDATIONS.

    (a) Introduction and Committee Consideration.--
            (1) Introduction.--The aggregate legislative language 
        provisions submitted pursuant to section 3(c)(2)(C) shall be 
        combined into a Commission bill and shall be introduced in the 
        Senate by the majority leader, and in the House of 
        Representatives, by the Speaker. Upon such introduction, the 
        Commission bill shall be referred to the appropriate committees 
        of Congress under paragraph (2). If the Commission bill is not 
        introduced in accordance with the preceding sentence, then any 
        member of Congress may introduce the Commission bill in their 
        respective House of Congress beginning on the date that is the 
        5th calendar day that such House is in session following the 
        date of the submission of such aggregate legislative language 
        provisions.
            (2) Committee consideration.--
                    (A) Referral.--A Commission bill introduced in the 
                Senate shall be referred to the Committee on Finance of 
                the Senate. A Commission bill introduced in the House 
                of Representatives shall be referred to the Committee 
                on Ways and Means and the Committee on Energy and 
                Commerce of the House of Representatives.
                    (B) Reporting.--Not later than 30 calendar days 
                after the introduction of the Commission bill, each 
                Committee of Congress to which the Commission bill was 
                referred shall report the bill or a committee amendment 
                thereto.
                    (C) Discharge of committee.--If a committee to 
                which is referred a Commission bill has not reported 
                such Commission 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 
                Commission bill, whichever is earlier, such committee 
                shall be deemed to be discharged from further 
                consideration of such Commission bill, and such 
                Commission bill shall be placed on the appropriate 
                calendar of the House involved.
    (b) Expedited Procedure.--
            (1) Consideration.--
                    (A) In general.--Not later than 7 calendar days 
                after the date on which a committee has been discharged 
                from consideration of a Commission bill, the majority 
                leader of the Senate, or the majority leader's 
                designee, or the Speaker of the House of 
                Representatives, or the Speaker's designee, shall move 
                to proceed to the consideration of the committee 
                amendment to the Commission bill, and if there is no 
                such amendment, to the Commission bill. It shall also 
                be in order for any member of the Senate or the House 
                of Representatives, respectively, to move to proceed to 
                the consideration of the Commission bill at any time 
                after the conclusion of such 7-day period.
                    (B) Motion to proceed.--A motion to proceed to the 
                consideration of a Commission 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 Commission 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 
                Senate or the House of Representatives, as the case may 
                be, shall immediately proceed to consideration of the 
                Commission bill without intervening motion, order, or 
                other business, and the Commission bill shall remain 
                the unfinished business of the Senate or the House of 
                Representatives, as the case may be, until disposed of.
                    (C) Limited debate.--Debate on the Commission bill 
                and all amendments thereto and on all debatable motions 
                and appeals in connection therewith shall be limited to 
                not more than 50 hours, which shall be divided equally 
                between those favoring and those opposing the 
                Commission bill. A motion further to limit debate on 
                the Commission bill is in order and is not debatable. 
                All time used for consideration of the Commission bill, 
                including time used for quorum calls (except quorum 
                calls immediately preceding a vote) and voting, shall 
                come from the 50 hours of debate.
                    (D) Amendments.--No amendment that is not germane 
                to the provisions of the Commission bill shall be in 
                order in the Senate. In the Senate, an amendment, any 
                amendment to an amendment, or any debatable motion or 
                appeal is debatable for not to exceed 1 hour to be 
                divided equally between those favoring and those 
                opposing the amendment, motion, or appeal.
                    (E) Vote on final passage.--Immediately following 
                the conclusion of the debate on the Commission bill, 
                and the disposition of any pending amendments under 
                subparagraph (D), the vote on final passage of the 
                Commission bill shall occur.
                    (F) Other motions not in order.--A motion to 
                postpone consideration of the Commission bill, a motion 
                to proceed to the consideration of other business, or a 
                motion to recommit the Commission bill is not in order. 
                A motion to reconsider the vote by which the Commission 
                bill is agreed to or not agreed to is not in order.
            (2) Consideration by other house.--If, before the passage 
        by one House of the Commission bill that was introduced in such 
        House, such House receives from the other House a Commission 
        bill as passed by such other House--
                    (A) the Commission 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 
                Commission bill of the other House, with respect to the 
                Commission bill that was introduced in the House in 
                receipt of the Commission bill of the other House, 
                shall be the same as if no Commission bill had been 
                received from the other House; and
                    (C) notwithstanding subparagraph (B), the vote on 
                final passage shall be on the Commission bill of the 
                other House.
        Upon disposition of a Commission bill that is received by one 
        House from the other House, it shall no longer be in order to 
        consider the Commission bill that was introduced in the 
        receiving House.
            (3) Consideration in conference.--
                    (A) Convening of conference.--Immediately upon 
                final passage of a Commission bill that results in a 
                disagreement between the two Houses of Congress with 
                respect to a Commission bill, conferees shall be 
                appointed and a conference convened.
                    (B) Action on conference reports in the senate.--
                            (i) Motion to proceed.--The motion to 
                        proceed to consideration in the Senate of the 
                        conference report on a Commission bill may be 
                        made even though a previous motion to the same 
                        effect has been disagreed to.
                            (ii) Debate.--Consideration in the Senate 
                        of the conference report (including a message 
                        between Houses) on a Commission bill, and all 
                        amendments in disagreement, including all 
                        amendments thereto, and debatable motions and 
                        appeals in connection therewith, shall be 
                        limited to 20 hours, equally divided and 
                        controlled by the majority leader and the 
                        minority leader or their designees. Debate on 
                        any debatable motion or appeal related to the 
                        conference report (or a message between Houses) 
                        shall be limited to 1 hour, to be equally 
                        divided between, and controlled by, the mover 
                        and the manager of the conference report (or a 
                        message between Houses).
                            (iii) Conference report defeated.--Should 
                        the conference report be defeated, debate on 
                        any request for a new conference and the 
                        appointment of conferrees shall be limited to 1 
                        hour, to be equally divided between, and 
                        controlled by, the manager of the conference 
                        report and the minority leader or the minority 
                        leader's designee, and should any motion be 
                        made to instruct the conferees before the 
                        conferees are named, debate on such motion 
                        shall be limited to \1/2\ hour, to be equally 
                        divided between, and controlled by, the mover 
                        and the manager of the conference report. 
                        Debate on any amendment to any such 
                        instructions shall be limited to 20 minutes, to 
                        be equally divided between and controlled by 
                        the mover and the manager of the conference 
                        report. In all cases when the manager of the 
                        conference report is in favor of any motion, 
                        appeal, or amendment, the time in opposition 
                        shall be under the control of the minority 
                        leader or the minority leader's designee.
                            (iv) Amendments in disagreement.--In any 
                        case in which there are amendments in 
                        disagreement, time on each amendment shall be 
                        limited to 30 minutes, to be equally divided 
                        between, and controlled by, the manager of the 
                        conference report and the minority leader or 
                        the minority leader's designee. No amendment 
                        that is not germane to the provisions of such 
                        amendments shall be received.
                            (v) Limitation on motion to recommit.--A 
                        motion to recommit the conference report is not 
                        in order.
    (c) Rules of the Senate and the House of Representatives.--This 
section is enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the 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 Commission bill, and it supersedes 
        other rules only to the extent that it is inconsistent with 
        such rules; and
            (2) 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>