[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 276 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 276

      To establish a National Commission on Entitlement Solvency.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2009

 Mrs. Feinstein (for herself and 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 ``The Social Security and Medicare 
Solvency Commission Act''.

SEC. 2. DEFINITIONS.

    In this subtitle:
            (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 one 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 submitted 
        by the Commission under section 3(c)(2)(A) that is introduced 
        under section 7(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) Medicaid.--The term ``Medicaid'' means the program 
        established under title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.).
            (8) Medicare.--The term ``Medicare'' means the program 
        established under title XVIII of the Social Security Act (42 
        U.S.C. 1395 et seq.).
            (9) 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.).
            (10) Solvency of medicare program.--
                    (A) In general.--Subject to subparagraph (B), the 
                term ``solvency'', in relation to the Medicare program, 
                means 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)).
                    (B) Treatment of new revenue.--
                            (i) In general.--For purposes of the 
                        requirement that the Commission evaluate the 
                        solvency of the Medicare program and recommend 
                        legislation to restore such solvency as needed, 
                        the Commission shall treat any new revenue that 
                        is a result of any action taken or any 
                        legislation enacted by Congress pursuant to the 
                        recommendations of the Commission, as being a 
                        dedicated medicare financing source (as defined 
                        in section 801(c)(3) of the Medicare 
                        Prescription Drug, Improvement, and 
                        Modernization Act of 2003 (Public Law 108-173; 
                        117 Stat. 2358)).
                            (ii) Definition of new revenue.--For 
                        purposes of this subparagraph, the term ``new 
                        revenue'' means only those revenues collected 
                        as a result of legislation enacted by Congress 
                        pursuant to section 7 of this Act. The term 
                        ``new revenue'' shall not include any revenue 
                        otherwise collected under law, including any 
                        such revenue that is dedicated to the Federal 
                        Hospital Insurance Trust Fund under section 
                        1817 of the Social Security Act (42 U.S.C. 
                        1395i) or the Federal Supplementary Medical 
                        Insurance Trust Fund under section 1841 of such 
                        Act (42 U.S.C. 1395t).
            (11) Solvency of social security program.--The term 
        ``solvency'', in relation to Social Security, means 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.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is permanently established an independent 
and bipartisan 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 and proposed legislative 
        language.--Providing recommendations and proposed legislative 
        language 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, recommendations, and proposed legislative 
        language.--
                    (A) Report.--
                            (i) In general.--Not later than 1 year 
                        after the date of enactment of this Act, and 
                        every 5 years thereafter, 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, recommendations, and the proposed 
                        legislative language (as required under 
                        subparagraph (C)) of the Commission to the 
                        President, Congress, the Commissioner, and the 
                        Administrator.
                            (ii) Proposed legislative language.--The 
                        Commission shall submit the proposed 
                        legislative language (as required under clause 
                        (i)) in the form of a proposed bill for 
                        introduction in Congress.
                    (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.--
                            (i) In general.--If a recommendation 
                        submitted with respect to the Social Security 
                        or Medicare programs under subparagraph (A) 
                        involves legislative action, the report shall 
                        include proposed legislative language to carry 
                        out such action. Such legislative language 
                        shall only be included in the report under 
                        subparagraph (A) if the Commission has 
                        considered the impact the recommendation would 
                        have on the Medicaid program.
                            (ii) Exclusion of recommendations with 
                        respect to medicaid.--Proposed legislative 
                        language to carry out any recommendation 
                        submitted by the Commission with respect to the 
                        Medicaid program shall not be included in the 
                        legislative language submitted under clause 
                        (i).

SEC. 4. STRUCTURE AND MEMBERSHIP OF THE COMMISSION.

    (a) Appointment.--
            (1) In general.--The Commission shall be composed of 15 
        members, of whom--
                    (A) 7 members shall be appointed by the President--
                            (i) 3 of whom shall be Democrats, appointed 
                        in consultation with the majority leader of the 
                        Senate and the Speaker of the House of 
                        Representatives;
                            (ii) 3 of whom shall be Republicans; and
                            (iii) 1 of whom shall not be affiliated 
                        with any political party;
                    (B) 2 members shall be appointed by the majority 
                leader of the Senate, 1 of whom is from the Committee 
                on Finance of the Senate;
                    (C) 2 members shall be appointed by the minority 
                leader of the Senate, 1 of whom is from the Committee 
                on Finance of the Senate;
                    (D) 2 members shall be appointed by the Speaker of 
                the House of Representatives, 1 of whom is from the 
                Committee on Ways and Means of the House of 
                Representatives; and
                    (E) 2 members shall be appointed by the minority 
                leader of the House of Representatives, 1 of whom is 
                from the Committee on Ways and Means of the House of 
                Representatives.
            (2) Qualifications.--The members shall be individuals who 
        are, by reason of their education, experience, and attainments, 
        exceptionally qualified to perform the duties of members of the 
        Commission.
            (3) Date.--Members of the Commission shall be appointed by 
        not later than January 1, 2010.
            (4) Terms.--A member of the Commission shall be appointed 
        for a single term of 5 years, except the members initially 
        appointed shall be appointed for terms of 6 years.
    (b) Vacancies.--A vacancy on the Commission shall be filled not 
later than 30 calendar days after the date on which the Commission is 
given notice of the vacancy, in the same manner as the original 
appointment. The individual appointed to fill the vacancy shall serve 
only for the unexpired portion of the term for which the individual's 
predecessor was appointed.
    (c) Committee Members of Commission.--In the case of an individual 
appointed to the Commission under subsection (a)(1) who is required to 
be a member of the Committee on Finance of the Senate or the Committee 
on Ways and Means of the House of Representatives, if such individual 
is no longer a member of the required Committee 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 (b).
    (d) Co-Chairperson.--The Commission shall designate 2 Co-
Chairpersons from among the members of the Commission, neither of whom 
may be affiliated with the same political party.

SEC. 5. POWERS OF THE COMMISSION.

    (a) Meetings and Hearings.--
            (1) Meetings.--The Commission shall meet at the call of the 
        Co-Chairpersons. The Co-Chairpersons of the Commission or their 
        designee shall convene and preside at the meetings of the 
        Commission.
            (2) Hearings.--
                    (A) Initial town-hall style public hearings.--
                            (i) In general.--The Commission shall hold 
                        at least 1 town-hall style public hearing 
                        within each Federal reserve district not later 
                        than the date on which the Commission submits 
                        the report required under section 3(c)(2)(A), 
                        and shall, to the extent feasible, ensure that 
                        there is broad public participation in the 
                        hearings.
                            (ii) Hearing format.--During each hearing, 
                        the Commission shall present to the public, and 
                        generate comments and suggestions regarding, 
                        the issues reviewed under section 3(b), 
                        policies designed to address those issues, and 
                        tradeoffs between such policies.
                    (B) Additional hearings.--In addition to the 
                hearings required under subparagraph (A), the 
                Commission shall hold such other hearings as the 
                Commission determines appropriate to carry out the 
                purposes of this Act.
            (3) Quorum.--Ten 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.
    (b) Administration.--
            (1) Compensation.--Each member, other than the Co-
        Chairpersons, shall be paid at a rate equal to the daily 
        equivalent of the minimum annual rate of basic pay prescribed 
        for level IV of the Executive Schedule under section 5315 of 
        title 5, United States Code, for each day (including travel 
        time) during which such member is engaged in the performance of 
        the duties of the Commission. The Co-Chairpersons shall be paid 
        at a rate equal to the daily equivalent of the minimum annual 
        rate of basic pay prescribed for level III of the Executive 
        Schedule under section 5314 of title 5, United States Code, for 
        each day (including travel time) during which such member is 
        engaged in the performance of the duties of the Commission.
            (2) Travel expenses.--Members shall receive 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.
    (c) Federal Advisory Committee Act.--The Commission shall be exempt 
from the provisions of the Federal Advisory Committee Act (5 U.S.C. 
App.).
    (d) Personnel.--
            (1) Director.--The Commission shall have a staff headed by 
        an Executive Director. The Executive Director shall be paid at 
        a rate equivalent to a rate established for the Senior 
        Executive Service under section 5382 of title 5, United States 
        Code.
            (2) Staff appointment.--With the approval of the Co-
        Chairpersons, the Executive Director may appoint such personnel 
        as the Executive Director and the Commission determines to be 
        appropriate.
            (3) Actuarial experts and consultants.--With the approval 
        of the Co-Chairpersons, the Executive Director may procure 
        temporary and intermittent services under section 3109(b) of 
        title 5, United States Code.
            (4) Detail of government employees.--Upon the request of 
        the Co-Chairpersons, 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.
            (5) Other resources.--The Commission shall have reasonable 
        access to materials, resources, statistical data, and other 
        information from the Library of Congress, the Chief Actuary of 
        Social Security, the Secretary of Health and Human Services, 
        the Centers for Medicare & Medicaid Services, the Congressional 
        Budget Office, and other agencies and elected representatives 
        of the executive and legislative branches of the Federal 
        Government. The Co-Chairpersons of the Commission shall make 
        requests for such access in writing when necessary.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out the purposes of this Act.

SEC. 7. EXPEDITED CONSIDERATION OF COMMISSION RECOMMENDATIONS.

    (a) Introduction and Committee Consideration.--
            (1) Introduction.--A Commission bill shall be introduced in 
        the Senate by the majority leader, or the majority leader's 
        designee, and in the House of Representatives, by the majority 
        leader, or the majority leader's designee. 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 the 
        Commission report under section 3(c)(2)(A).
            (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 jointly to the 
                Committee on Ways and Means and the Committee on Energy 
                and Commerce of the House of Representatives.
                    (B) Reporting.--Not later than 60 calendar days 
                after the introduction of the Commission bill, each 
                Committee of Congress to which the Commission bill was 
                referred shall report the bill. Each such reported bill 
                shall meet the requirement of ensuring the long-term 
                solvency of the Social Security and Medicare programs, 
                and the provision of appropriate benefits, that the 
                proposed legislative language provided by the 
                Commission is subject to under section 3(b)(4).
                    (C) Discharge of committee.--If a committee to 
                which is referred a Commission bill has not reported 
                such Commission bill at the end of 60 calendar days 
                after its introduction, such committee shall be 
                automatically discharged from further consideration of 
                the Commission bill and it shall be placed on the 
                appropriate calendar.
    (b) Expedited Procedure.--
            (1) Amendments.--No amendment that is not relevant to the 
        provisions of the Commission bill shall be in order in either 
        the Senate or the House of Representatives. In either House, an 
        amendment, any amendment to an amendment, or any debatable 
        motion or appeal is debatable for not to exceed 5 hours to be 
        divided equally between those favoring and those opposing the 
        amendment, motion, or appeal.
            (2) Floor consideration in the senate.--
                    (A) In general.--Not later than 30 calendar days 
                after the date on which a committee has reported or has 
                been discharged from consideration of a Commission 
                bill, the majority leader of the Senate, or the 
                majority leader's designee shall move to proceed to the 
                consideration of the Commission bill. It shall also be 
                in order for any member of the Senate to move to 
                proceed to the consideration of the bill at any time 
                after the conclusion of such 30-day period.
                    (B) Motion to proceed.--A motion to proceed to the 
                consideration of a Commission bill is privileged in the 
                Senate. The motion is not debatable and is not subject 
                to a motion to postpone consideration of the Commission 
                bill or 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 shall immediately proceed to consideration 
                of the Commission bill without intervening motion, 
                order, action, or other business, and the Commission 
                bill shall remain the unfinished business of the Senate 
                until disposed of.
                    (C) Limited debate.--
                            (i) In general.--Consideration in the 
                        Senate of the Commission bill and all 
                        amendments to such bill, and on all debatable 
                        motions and appeals in connection therewith, 
                        shall be limited to not more than 40 hours, 
                        which shall be equally divided between, and 
                        controlled by, the majority leader and the 
                        minority leader of the Senate or their 
                        designees. 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), shall come from the 40 hours 
                        of consideration.
                            (ii) Recommittal to committee.--Upon 
                        expiration of the 40-hour period provided under 
                        clause (i), the Commission bill shall be 
                        recommitted to committee for further 
                        consideration unless \3/5\ of the Members, duly 
                        chosen and sworn, of the Senate agree to 
                        proceed to passage. Any bill reported by a 
                        committee as a result of such further 
                        consideration shall--
                                    (I) meet the requirement of 
                                ensuring the long-term solvency of the 
                                Social Security and Medicare programs 
                                and the provision of appropriate 
                                benefits that the proposed legislative 
                                language provided by the Commission is 
                                subject to under section 3(b)(4); and
                                    (II) be considered under the 
                                expedited procedures under this 
                                subsection.
                    (D) Vote on passage.--
                            (i) In general.--The vote on passage in the 
                        Senate of the Commission bill shall occur 
                        immediately following the conclusion of the 40-
                        hour period for consideration of the Commission 
                        bill under subparagraph (C) and a request to 
                        establish the presence of a quorum.
                            (ii) Other motions not in order.--A motion 
                        in the Senate 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 in the Senate to reconsider the vote by 
                        which the Commission bill is agreed to or not 
                        agreed to is not in order.
            (3) Floor consideration in the house.--
                    (A) In general.--Not later than 30 calendar days 
                after the date on which a committee has reported or has 
                been discharged from consideration of a Commission 
                bill, the majority leader of the House of 
                Representatives, or the majority leader's designee 
                shall move to proceed to the consideration of the 
                Commission bill. It shall also be in order for any 
                member of the House of Representatives to move to 
                proceed to the consideration of the bill at any time 
                after the conclusion of such 30-day period.
                    (B) Motion to proceed.--A motion to proceed to the 
                consideration of a Commission bill is privileged in the 
                House of Representatives. The motion is not debatable 
                and is not subject to a motion to postpone 
                consideration of the Commission bill or 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 shall immediately proceed to 
                consideration of the Commission bill without 
                intervening motion, order, action, or other business, 
                and the Commission bill shall remain the unfinished 
                business of the House of Representatives until disposed 
                of.
                    (C) Limited debate.--
                            (i) In general.--Consideration in the House 
                        of Representatives of the Commission bill and 
                        all amendments to such bill, and on all 
                        debatable motions and appeals in connection 
                        therewith, shall be limited to not more than 40 
                        hours, which shall be equally divided between, 
                        and controlled by, the majority leader and the 
                        minority leader of the House of Representatives 
                        or their designees. 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), shall come from 
                        the 40 hours of consideration.
                            (ii) Recommittal to committee.--Upon 
                        expiration of the 40-hour period provided under 
                        clause (i), the Commission bill shall be 
                        recommitted to committee for further 
                        consideration unless \3/5\ of the Members, duly 
                        chosen and sworn, of the House of 
                        Representatives agree to proceed to final 
                        passage. Any bill reported by a committee as a 
                        result of such further consideration shall--
                                    (I) meet the requirement of 
                                ensuring the long-term solvency of the 
                                Social Security and Medicare programs 
                                and the provision of appropriate 
                                benefits that the proposed legislative 
                                language provided by the Commission is 
                                subject to under section 3(b)(4); and
                                    (II) be considered under the 
                                expedited procedures under this 
                                subsection.
                    (D) Vote on passage.--
                            (i) In general.--The vote on passage in the 
                        House of Representatives of the Commission bill 
                        shall occur immediately following the 
                        conclusion of the 40-hour period for 
                        consideration of the Commission bill under 
                        subparagraph (C) and a request to establish the 
                        presence of a quorum.
                            (ii) Other motions not in order.--A motion 
                        in the House of Representatives 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 in 
                        the House of Representatives to reconsider the 
                        vote by which the Commission bill is agreed to 
                        or not agreed to is not in order.
            (4) 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 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 receiving 
                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.
            (5) Consideration in conference.--
                    (A) Convening of conference.--In the case of any 
                disagreement between the two Houses of Congress with 
                respect to a Commission bill passed by both Houses, 
                conferees shall be promptly appointed and a conference 
                convened. All motions to proceed to conference are 
                nondebatable. The committee of conference shall make 
                and file a report with respect to such Commission bill 
                within 30 calendar days after the day on which managers 
                on the part of the Senate and the House of 
                Representatives have been appointed. Notwithstanding 
                any rule in either House concerning the printing of 
                conference reports or concerning any delay in the 
                consideration of such reports, such report shall be 
                acted on by both Houses not later than 5 calendar days 
                after the conference report is filed in the House in 
                which such report is filed first. In the event the 
                conferees are unable to agree within 30 calendar days 
                after the date on which the conference was convened, 
                they shall report back to their respective Houses in 
                disagreement.
                    (B) Conference report defeated.--Should the 
                conference report be defeated, debate on any request 
                for a new conference and the appointment of conferees 
                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.
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