II 109th CONGRESS 2d Session S. 3507 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.

1.

Short title

This Act may be cited as the National Commission on Entitlement Solvency Act of 2006.

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)).

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.

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.