[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 304 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 304

To establish a commission to develop legislation designed to reform tax 
 policy and entitlement benefit programs and to ensure a sound fiscal 
         future for the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2007

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

_______________________________________________________________________

                                 A BILL


 
To establish a commission to develop legislation designed to reform tax 
 policy and entitlement benefit programs and to ensure a sound fiscal 
         future for the United States, and for other purposes.

    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 ``Securing America's Future Economy 
Commission Act'' or ``SAFE Commission Act''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``Securing 
America's Future Economy Commission'' (hereinafter in this Act referred 
to as the ``Commission'').

SEC. 3. DUTIES OF COMMISSION.

    (a) Mandatory Legislation Development.--
            (1) Issues to address.--The Commission shall examine the 
        long-term fiscal challenges facing the United States and 
        develop legislation designed to address the following issues:
                    (A) The unsustainable imbalance between long-term 
                Federal spending commitments and projected revenues.
                    (B) Increasing net national savings to provide for 
                domestic investment and economic growth.
                    (C) The implications of foreign ownership of debt 
                instruments issued by the United States Government.
                    (D) Improving the budget process to place greater 
                emphasis on long-term fiscal issues.
            (2) Policy solutions.--Legislation developed to address the 
        issues described in paragraph (1) may include the following:
                    (A) Reforms that limit the growth of entitlement 
                spending to ensure that the programs are fiscally 
                sustainable.
                    (B) Reforms that strengthen the safety net 
                functions of entitlement programs.
                    (C) Reforms that make United States tax laws more 
                efficient and more conducive to encouraging economic 
                growth.
                    (D) Incentives to increase private savings.
                    (E) Any other reforms designed to address the 
                issues described in paragraph (1).
    (b) Optional Development of Cost Estimate Alternatives.--The 
Commission shall by an affirmative vote of 5 members develop not more 
than 2 methods for estimating the cost of legislation as an alternative 
to the method currently used by the Congressional Budget Office. Any 
such alternative method must--
            (1) be designed to address any shortcomings in the method 
        currently used with regard to estimating the positive economic 
        effects of legislation; and
            (2) consider the use of automatic stabilizers or triggers 
        to enforce spending and revenue targets, in the event that 
        policies based on the alternative method fail to achieve 
        targets for outlays and revenues.
    (c) Limitation.--Any alternative method developed pursuant to 
subsection (b) shall generally comply with subsections (b), (c), and 
(d) of section 14.

SEC. 4. INITIAL TOWN-HALL STYLE PUBLIC HEARINGS.

    (a) In General.--The Commission shall hold at least 1 town-hall 
style public hearing within each Federal Reserve district, and shall, 
to the extent feasible, ensure that there is broad public participation 
in the hearings.
    (b) Hearing Format.--During each hearing, the Commission shall 
present to the public, and generate comments and suggestions regarding, 
the issues described in section 3, policies designed to address those 
issues, and tradeoffs between such policies.

SEC. 5. REPORT.

    The Commission shall, not later than 1 year after the date of 
enactment of this Act, submit a report to Congress and the President 
containing the following:
            (1) A detailed description of the long-term fiscal problems 
        faced by the United States.
            (2) A list of policy options for addressing those problems.
            (3) A summary of comments and suggestions generated from 
        the town-hall style public hearings.
            (4) A detailed statement of any findings of the Commission 
        as to public preferences regarding the issues, policies, and 
        tradeoffs presented in the town-hall style public hearings.
            (5) Criteria for the legislative proposal to be developed 
        by the Commission.
            (6) A detailed description of the other activities of the 
        Commission.

SEC. 6. LEGISLATIVE PROPOSAL.

    (a) In General.--Not later than 60 days after the date the report 
is submitted under section 5 and by a vote of \3/4\ of the members, the 
Commission shall submit a legislative proposal to Congress and the 
President designed to address the issues described in section 3.
    (b) Proposal Requirements.--The proposal shall, to the extent 
feasible, be designed to--
            (1) achieve generational equity and long-term economic 
        stability;
            (2) address the comments and suggestions of the public; and
            (3) meet the criteria set forth in the Commission report.
    (c) Inclusion of Cost Estimate.--The Commission shall submit with 
the proposal--
            (1) a long-term CBO cost estimate prepared under section 14 
        for the proposal; and
            (2) if an alternative cost estimate method is developed by 
        the Commission, a 50-year cost estimate using such method.

SEC. 7. MEMBERSHIP AND MEETINGS.

    (a) In General.--The Commission shall be composed of 16 voting 
members appointed pursuant to paragraph (1) and 2 nonvoting members 
described in paragraph (2).
            (1) Voting members.--The Commission shall be composed of 16 
        voting members of whom--
                    (A) one shall be the Director of the Office of 
                Management and Budget;
                    (B) one shall be the Secretary of the Treasury;
                    (C) four shall be appointed by the Majority Leader 
                of the Senate;
                    (D) three shall be appointed by the Minority Leader 
                of the Senate;
                    (E) four shall be appointed by the Speaker of the 
                House of Representatives; and
                    (F) three shall be appointed by the Minority Leader 
                of the House of Representatives.
            (2) Nonvoting members.--The Comptroller General of the 
        United States and the Director of the Congressional Budget 
        Office shall each be nonvoting members of the Commission and 
        shall advise and assist at the request of the Commission.
            (3) Co-chairpersons.--The President shall designate 2 Co-
        Chairpersons of the Commission from among the members appointed 
        under paragraph (1), one of whom shall be a Republican and one 
        of whom shall be a Democrat.
    (b) Limitation as to Members of Congress.--
            (1) Four members of congress on the commission.--Each 
        appointing authority described in subsection (a)(1) who is a 
        Member of Congress shall appoint 1 Member of Congress to the 
        Commission but may not appoint more than 1 Member of Congress 
        to the Commission.
            (2) Continuation of voting membership.--In the case of an 
        individual appointed pursuant to subsection (a)(1) who was 
        appointed as a Member of Congress under paragraph (1), if such 
        individual is no longer a Member of Congress they shall no 
        longer be eligible to serve on the Commission. Such individual 
        shall be removed from the Commission and replaced in accordance 
        with subsection (d)(2).
    (c) Date for Original Appointment.--The appointing authorities 
described in subsection (a)(1) shall appoint the initial members of the 
Commission not later than 30 days after the date of enactment of this 
Act.
    (d) Terms.--
            (1) In general.--The term of each member is for the life of 
        the Commission.
            (2) Vacancies.--A vacancy in the Commission shall be filled 
        not later than 30 days after the date on which the vacancy 
        occurs and in the manner in which the original appointment was 
        made.
    (e) Pay and Reimbursement.--
            (1) No compensation for members of commission.--Except as 
        provided in paragraph (2), a member of the Commission may not 
        receive pay, allowances, or benefits by reason of their service 
        on the Commission.
            (2) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence under 
        subchapter I of chapter 57 of title 5, United States Code.
    (f) Meetings.--The Commission shall meet upon the call of the Co-
Chairpersons or a majority of its voting members.
    (g) Quorum.--Six voting members of the Commission shall constitute 
a quorum, but a lesser number may hold hearings.

SEC. 8. DIRECTOR AND STAFF OF COMMISSION.

    (a) Director.--
            (1) In general.--Subject to subsection (c) and to the 
        extent provided in advance in appropriation Acts, the 
        Commission shall appoint and fix the pay of a director.
            (2) Duties.--The director of the Commission shall be 
        responsible for the administration and coordination of the 
        duties of the Commission and shall perform other such duties as 
        the Commission may require.
    (b) Staff.--In accordance with rules agreed upon by the Commission, 
subject to subsection (c), and to the extent provided in advance in 
appropriation Acts, the director may appoint and fix the pay of 
additional personnel.
    (c) Applicability of Certain Civil Service Laws.--The director and 
staff of the Commission 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 chapter 53 of that title 
relating to classification and General Schedule pay rates, except that 
pay fixed under subsection (a) may not exceed $150,000 per year and pay 
fixed under subsection (b) may not exceed a rate equal to the daily 
equivalent of the annual rate of basic pay for level V of the Executive 
Schedule under section 5316 of title 5, United States Code.
    (d) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of their 
regular employment without interruption.
    (e) Experts and Consultants.--
            (1) In general.--Subject to paragraph (2), in accordance 
        with rules agreed upon by the Commission and to the extent 
        provided in advance in appropriation Acts, the director may 
        procure the services of experts and consultants under section 
        3109(b) of title 5, United States Code, but at rates not to 
        exceed the daily equivalent of the annual rate of basic pay for 
        level V of the Executive Schedule under section 5316 of title 
        5, United States Code.
            (2) Exclusion of lobbyists and agents of foreign 
        governments.--In no case may any individual who is a registered 
        lobbyist or an agent of a foreign government serve as an expert 
        or a consultant under this subsection.
    (f) 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 
Commissioner of the Social Security Administration, the Administrator 
of the Centers for Medicare & Medicaid Services, the Secretary of the 
Treasury, and other agencies and representatives of the executive and 
legislative branches of the Federal Government. The Co-Chairpersons 
shall make requests for such access in writing when necessary.

SEC. 9. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission may, for the purpose of 
carrying out this Act, hold such hearings in addition to the town-hall 
style public hearings, sit and act at such times and places, take such 
testimony, and receive such evidence as the Commission considers 
appropriate. The Commission may administer oaths or affirmations to 
witnesses appearing before it.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take under this section.
    (c) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (d) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.
    (e) Contract Authority.--To the extent provided in advance in 
appropriation Acts, the Commission may enter into contracts to enable 
the Commission to discharge its duties under this Act.
    (f) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 10. TERMINATION.

    The Commission shall terminate on the date that is the earlier of--
            (1) 60 days after the Commission submits its legislative 
        proposal; or
            (2) the date on which the Comptroller General of the United 
        States determines and publishes in the Federal Register a 
        statement that new legislation has been enacted that is 
        estimated to reduce the fiscal gap by--
                    (A) 1 percent of gross domestic product, measured 
                over the 20-year period beginning with the first fiscal 
                year after the enactment of such legislation; and
                    (B) 2 percent of gross domestic product, measured 
                over the 50-year period beginning with the first fiscal 
                year after the enactment of such legislation.

SEC. 11. ALTERNATIVE LEGISLATIVE PROPOSAL OF THE PRESIDENT.

    The President may, not later than 90 calendar days after the 
Commission submits its legislative proposal, submit to Congress an 
alternative to the legislative proposal submitted by the Commission.

SEC. 12. ALTERNATIVE LEGISLATIVE PROPOSALS.

    (a) From the Committee on the Budget.--The Committee on the Budget 
of either House may, in consultation with the relevant committees of 
their respective House and not later than 90 calendar days after the 
Commission submits its legislative proposal, have published in the 
Congressional Record an alternative to the legislative proposal 
submitted by the Commission.
    (b) From Ranking Member.--The ranking minority member of the 
Committee on the Budget of either House may, not later than 90 calendar 
days after the Commission submits its legislative proposal, have 
published in the Congressional Record an alternative to the legislative 
proposal submitted by the Commission.

SEC. 13. CONSIDERATION OF LEGISLATION.

    (a) Introduction.--Not later than the fifth legislative day after 
the Commission submits its legislative proposal, the majority leader of 
each House or the majority leader's designee shall introduce (by 
request) the legislation submitted by the Commission.
    (b) In the House of Representatives.--
            (1) Privileged consideration.--In the House of 
        Representatives, the legislation shall be reported to the 
        Committee on the Budget, which shall report the bill without 
        substantive revision. If the Committee on the Budget has not 
        reported the legislation before the expiration of the 90-day 
        period described in section 12, then--
                    (A) that committee shall be discharged from 
                consideration of the legislation;
                    (B) the legislation shall be placed on the 
                appropriate calendar; and
                    (C) a motion to proceed to the consideration of the 
                legislation shall be highly privileged and shall not be 
                debatable, and a motion to reconsider the vote by which 
                the motion is disposed of shall not be in order.
            (2) Consideration.--To the extent not inconsistent with 
        this Act, consideration of such legislation shall be pursuant 
        to the procedures set forth in paragraphs (2), (5), and (6) of 
        section 305(a) of the Congressional Budget Act of 1974.
            (3) Amendments limited.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an amendment to the legislation may not be offered 
                in the House of Representatives.
                    (B) Permitted amendments.--(i) Any Member may 
                offer, as an amendment in the nature of a substitute, 
                the alternative legislative proposal submitted by the 
                President.
                    (ii) The chairman of the House Committee on the 
                Budget may offer, as an amendment in the nature of a 
                substitute, the alternative legislative proposal 
                published in the Congressional Record by the House 
                Committee on the Budget.
                    (iii) The ranking minority member of the House 
                Committee on the Budget may offer, as an amendment in 
                the nature of a substitute, the alternative legislative 
                proposal published in the Congressional Record by such 
                ranking minority member
                    (C) Point of order.--
                            (i) In general.--An amendment offered under 
                        subparagraph (B) is subject to a point of order 
                        if--
                                    (I) the amendment is not 
                                accompanied by a long-term CBO cost 
                                estimate of the amendment or a long-
                                term revenue estimate of the amendment 
                                by the Joint Committee of Taxation 
                                (including the information described in 
                                section 14); or
                                    (II) it would increase the deficit 
                                or cause a deficit either for the 
                                period of the first 20 fiscal years 
                                beginning with the first fiscal year 
                                after the current fiscal year or for 
                                the period of the first 50 fiscal years 
                                beginning with the first fiscal year 
                                after the current fiscal year, as 
                                judged against the baseline.
                            (ii) Baseline calculation.--For purposes of 
                        clause (i)(II), the baseline shall be 
                        calculated using the assumption that the 
                        legislation submitted by the Commission has 
                        been enacted into law, subject to the 
                        limitation imposed by section 14(d).
                            (iii) Waiver of point of order.--A point of 
                        order raised in accordance with clause (i) may 
                        only be waived or suspended in the House of 
                        Representatives by a resolution devoted solely 
                        to the subject of waiving that point of order.
                    (D) Multiple amendments.--If more than one 
                amendment is offered under this paragraph, then each 
                amendment shall be considered separately, and the 
                amendment receiving both a majority and the highest 
                number of votes shall be the amendment adopted.
            (4) Transmittal to the senate.--If legislation passes the 
        House pursuant to this subsection, the Clerk of the House of 
        Representatives shall cause the legislation to be engrossed, 
        certified, and transmitted to the Senate within one calendar 
        day of the day on which the legislation is passed. The 
        legislation shall be referred to the Senate Committee on the 
        Budget.
    (c) In the Senate.--
            (1) Automatic discharge of senate budget committee.--If the 
        Senate Committee on the Budget has not reported the legislation 
        before the expiration of the 90-day period described in section 
        12, then--
                    (A) the committee shall be discharged from 
                consideration of the legislation; and
                    (B) a motion to proceed to the consideration of the 
                legislation is highly privileged and is not debatable.
            (2) Consideration.--To the extent not inconsistent with 
        this Act, consideration of such legislation shall be pursuant 
        to the procedures set forth in paragraphs (1),(2), (5), and (6) 
        of section 305(b) of the Congressional Budget Act of 1974.
            (3) Amendments limited.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an amendment to the legislation may not be offered 
                in the Senate.
                    (B) Permitted amendments.--(i) Any Member may 
                offer, as an amendment in the nature of a substitute, 
                the alternative legislative proposal submitted by the 
                President.
                    (ii) The chairman of the Senate Committee on the 
                Budget may offer, as an amendment in the nature of a 
                substitute, the alternative legislative proposal 
                published in the Congressional Record by the Senate 
                Committee on the Budget.
                    (iii) The ranking minority member of the Senate 
                Committee on the Budget may offer, as an amendment in 
                the nature of a substitute, the alternative legislative 
                proposal published in the Congressional Record by such 
                ranking minority member.
                    (C) Point of order.--
                            (i) In general.--An amendment offered under 
                        subparagraph (B) is subject to a point of order 
                        if--
                                    (I) the amendment is not 
                                accompanied by a long-term CBO cost 
                                estimate of the amendment or a long-
                                term revenue estimate of the amendment 
                                by the Joint Committee of Taxation 
                                (including the information described in 
                                section 14); or
                                    (II) it would increase the deficit 
                                or cause a deficit either for the 
                                period of the first 20 fiscal years 
                                beginning with the first fiscal year 
                                after the current fiscal year or for 
                                the period of the first 50 fiscal years 
                                beginning with the first fiscal year 
                                after the current fiscal year, as 
                                judged against the baseline.
                            (ii) Baseline calculation.--For purposes of 
                        clause (i)(II), the baseline shall be 
                        calculated using the assumption that the 
                        legislation submitted by the Commission has 
                        been enacted into law, subject to the 
                        limitation imposed by section 14(d).
                            (iii) Waiver of point of order.--A point of 
                        order raised in accordance with clause (i) may 
                        only be waived or suspended in the Senate by an 
                        affirmative vote of \3/5\ of the Members duly 
                        chosen and sworn.
                    (D) Multiple amendments.--If more than one 
                amendment is offered under this paragraph, then each 
                amendment shall be considered separately, and the 
                amendment receiving both a majority and the highest 
                number of votes shall be the amendment adopted.
    (d) Prohibition on Concurrent Consideration of Other Budget-Related 
Legislation.--
            (1) Prohibition on concurrent consideration of other 
        budget-related legislation.--
                    (A) In general.--Subject to paragraph (2), until a 
                bill or joint resolution considered pursuant to the 
                procedures of this section or a conference report 
                thereon has been enrolled and presented to the 
                President of the United States, it shall not be in 
                order in either the House of Representatives or the 
                Senate to consider any bill or joint resolution, 
                amendment or motion thereto, or conference report 
                thereon that--
                            (i) provides new budget authority for any 
                        fiscal year;
                            (ii) provides for an increase in outlays 
                        for any fiscal year;
                            (iii) provides a decrease in revenues 
                        during any fiscal year; or
                            (iv) provides an increase in the public 
                        debt limit to become effective during any 
                        fiscal year.
                    (B) Application of prohibition.--Clauses (i) 
                through (iv) of subparagraph (A) shall be applied on a 
                provision-by-provision basis.
            (2) Exceptions.--Paragraph (1) shall not apply to any--
                    (A) measure under consideration prior to the 
                introduction, in either House, of a bill or joint 
                resolution considered pursuant to the procedures of 
                this section;
                    (B) measure considered after a bill or joint 
                resolution considered pursuant to the procedures of 
                this section has been defeated in either House; or
                    (C) general appropriation bill or amendment 
                thereto, but only to the extent of discretionary new 
                budget authority provided for the budget year or for 
                the first or second fiscal year after the budget year.
            (3) Waivers.--
                    (A) House of representatives.--In the House of 
                Representatives, if a special rule is considered that 
                would waive points of order pursuant to paragraph (1), 
                a motion to strike the provision waiving such points of 
                order shall be in order.
                    (B) Senate.--In the Senate, a point of order 
                properly raised pursuant to paragraph (1) shall be 
                waived only by an affirmative vote of \2/3\ of the 
                Members duly chosen and sworn.
    (e) Application of Congressional Budget Act.--To the extent that 
they are relevant and not inconsistent with this Act, the provisions of 
title III of the Congressional Budget Act of 1974 shall apply in the 
House of Representatives and the Senate to any bill or joint 
resolution, any amendment thereto, and any conference report thereon 
that is considered pursuant to this section.
    (f) 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 bill introduced pursuant to this 
        section, 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.

SEC. 14. LONG-TERM CBO COST ESTIMATE.

    (a) Preparation and Submission.--When the Commission, the 
President, or the Chairman or ranking minority member of the Committee 
on the Budget of either House submits a written request to the Director 
of the Congressional Budget Office for a long-term cost estimate by the 
Congressional Budget Office (referred to in this Act as a ``long-term 
CBO cost estimate'') of legislation proposed under this Act or an 
amendment referred to in section 13(b)(3)(B) or section 13(c)(3)(B), 
the Director shall prepare the estimate and have it published in the 
Congressional Record as expeditiously as possible.
    (b) Content.--A long-term CBO cost estimate shall include--
            (1) an estimate of the cost of each provision (if 
        practicable) or group of provisions of the legislation or 
        amendment for the first fiscal year it would take effect and 
        for each of the 49 fiscal years thereafter; and
            (2) a statement of any estimated future costs not reflected 
        by the estimate described in paragraph (1).
    (c) Form.--To the extent that a long-term CBO cost estimate 
presented in dollars is impracticable, the Director of the 
Congressional Budget Office may instead present the estimate in terms 
of percentages of gross domestic product, with rounding to the nearest 
\1/10\ of 1 percent of gross domestic product.
    (d) Limitations on Discretionary Spending.--A long-term CBO cost 
estimate shall only consider the effects of provisions affecting 
revenues and direct spending (as defined by the Balanced Budget and 
Emergency Deficit Control Act of 1985), and shall not assume that any 
changes in outlays will result from limitations on, or reductions in, 
annual appropriations.
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