[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1435 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1435

  To establish a commission for the purpose of studying the issue of 
                          retirement security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2019

 Mr. Young (for himself and Mr. Booker) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To establish a commission for the purpose of studying the issue of 
                          retirement security.

    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 ``Commission on Retirement Security 
Act of 2019''.

SEC. 2. ESTABLISHMENT.

    There is established in the executive branch a commission to be 
known as the ``Commission on Retirement Security'' (referred to in this 
Act as the ``Commission'').

SEC. 3. MEMBERS OF THE COMMISSION.

    (a) Number and Appointment.--The Commission shall be comprised of 
15 members as follows:
            (1) The Secretary of the Treasury (or the Secretary's 
        designee).
            (2) The Secretary of Labor (or the Secretary's designee).
            (3) The Secretary of Commerce (or the Secretary's 
        designee).
            (4) Three shall be appointed by the Speaker of the House of 
        Representatives, of whom--
                    (A) one shall be an expert in economics or 
                behavioral economics, with particular experience in 
                retirement security, aging, benefits, or pensions plan 
                design, finance, serial employment, or the contingent 
                workforce;
                    (B) one shall be a practitioner with expertise or 
                experience engaging with employers, labor unions, or 
                consumers in the design and administration of 
                retirement plans; and
                    (C) one shall be a current or former Member of 
                Congress.
            (5) Three shall be appointed by the Minority Leader of the 
        House of Representatives, of whom--
                    (A) one shall be an expert in economics or 
                behavioral economics, with particular experience in 
                retirement security, aging, benefits, or pensions plan 
                design, finance, serial employment, or the contingent 
                workforce;
                    (B) one shall be a practitioner with expertise or 
                experience engaging with employers, labor unions, or 
                consumers in the design and administration of 
                retirement plans; and
                    (C) one shall be a current or former Member of 
                Congress.
            (6) Three shall be appointed by the Majority Leader of the 
        Senate, of whom--
                    (A) one shall be an expert in economics or 
                behavioral economics, with particular experience in 
                retirement security, aging, benefits, or pensions plan 
                design, finance, serial employment, or the contingent 
                workforce;
                    (B) one shall be a practitioner with expertise or 
                experience engaging with employers, labor unions, or 
                consumers in the design and administration of 
                retirement plans; and
                    (C) one shall be a current or former Member of 
                Congress.
            (7) Three shall be appointed by the Minority Leader of the 
        Senate, of whom--
                    (A) one shall be an expert in economics or 
                behavioral economics, with particular experience in 
                retirement security, aging, benefits, or pensions plan 
                design, finance, serial employment, or the contingent 
                workforce;
                    (B) one shall be a practitioner with expertise or 
                experience engaging with employers, labor unions, or 
                consumers in the design and administration of 
                retirement plans; and
                    (C) one shall be a current or former Member of 
                Congress.
    (b) Expertise.--In making appointments under this section, 
consideration should be given to individuals with expertise in 
economics, behavioral economics, retirement security, savings 
incentives, pension plan design, benefit plan design, actuarial 
science, the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
1001 et seq.), or consumer protection.
    (c) Chairperson and Co-Chairperson.--
            (1) Chairperson.--The President shall select the 
        chairperson of the Commission from among the Members selected 
        for the Commission.
            (2) Co-chairperson.--The co-chairperson shall be selected 
        as follows:
                    (A) If, on the date of appointment, the Majority 
                Leader of the Senate is of a different political party 
                than the President, such Majority Leader shall select 
                the co-chairperson from among the Members selected for 
                the Commission.
                    (B) If, on the date of appointment, the Majority 
                Leader of the Senate is of the same political party as 
                the President, the Minority Leader of the Senate shall 
                select the co-chairperson from among the Members 
                selected for the Commission.
    (d) Timing of Appointments.--Appointments to the Commission shall 
be made not later than 45 days after the date of enactment of this Act.
    (e) Terms; Vacancies.--Each member shall be appointed for the 
duration of the Commission. Any vacancy in the Commission shall not 
affect its powers, and shall be filled in the manner in which the 
original appointment was made.
    (f) Hearings.--In carrying out its duties under this Act, the 
Commission is authorized to hold such hearings and take testimony with 
respect to matters to which it has a responsibility under this Act. The 
Chairperson, or any member authorized by the Chairperson, may 
administer oaths or affirmations to witnesses appearing before the 
Commission. The Commission shall hold, at minimum, not fewer than 4 
hearings in a location that is outside of the metropolitan area of 
Washington, DC, and within the United States.
    (g) Compensation.--Members of the Commission shall serve without 
pay.
    (h) Travel Expenses.--Each member of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.

SEC. 4. DUTIES OF THE COMMISSION.

    (a) Study of Retirement Security.--The Commission shall--
            (1) conduct a comprehensive study of the state of 
        retirement security in America, which shall include--
                    (A) a comprehensive review of private benefit 
                programs existing in the United States, with a 
                particular focus on the historical movement from 
                defined benefit to defined contribution models;
                    (B) a comprehensive review of private retirement 
                coverage, individual and household accounts balances, 
                investment trends, costs and net returns, and retention 
                and distribution during retirement;
                    (C) a comprehensive review of societal trends, 
                including wage growth, economic growth, unique small 
                business challenges, serial employment, gig economy, 
                health care costs, life expectancy, and shrinking 
                household size, that could lead future generations to 
                be less financially secure in retirement compared to 
                previous generations; and
                    (D) a comprehensive review of other countries' 
                retirement programs; and
            (2) submit to Congress recommendations on how to improve or 
        replace existing private retirement programs.
    (b) Report.--Upon the affirmative vote of at least \3/4\ of the 
members of the Commission, the Commission shall submit to the President 
and Congress a detailed statement of its findings and conclusions as a 
result of the study under subsection (a), together with its 
recommendations for such legislation or administrative actions as the 
Commission considers appropriate in light of the results of the study.
    (c) Deadline.--The report under subsection (b) shall be submitted 
not later than the date that is 2 years after the date a majority of 
the members of the Commission are appointed pursuant to section 3.
    (d) Available Reports.--In conducting its study and developing 
findings, conclusions, and recommendations for legislation or 
administrative action, the Commission--
            (1) shall take into account available reports and 
        materials; and
            (2) may consult with the Government Accountability Office.

SEC. 5. OPERATION AND POWERS OF THE COMMISSION.

    (a) Executive Branch Assistance.--The heads of the following 
agencies shall advise and consult with the Commission on matters within 
their respective areas of responsibility:
            (1) The Bureau of the Census.
            (2) The Internal Revenue Service.
            (3) The Department of Housing and Urban Development.
            (4) The Social Security Administration.
            (5) The Department of Health and Human Services.
            (6) The Department of Agriculture.
            (7) The Pension Benefit Guaranty Corporation.
            (8) Any other agency, as determined by the Commission.
    (b) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Commission.
    (c) Meetings.--The Commission shall meet not later than 30 days 
after the date upon which a majority of its members have been appointed 
and at such times thereafter as the chairperson or co-chairperson shall 
determine. Detailed minutes of each meeting of the Commission, except 
for any closed session, shall be kept and shall include a record of the 
persons present and a complete and accurate description of matters 
discussed.
    (d) Rules of Procedure.--The chairperson and co-chairperson shall, 
with the approval of a majority of the members of the Commission, 
establish written rules of procedure for the Commission, which shall 
include a quorum requirement to conduct the business of the Commission.
    (e) Hearings.--The Commission may, for the purpose of carrying out 
this Act, hold hearings, sit and act at times and places, take 
testimony, and receive evidence as the Commission considers 
appropriate. Timely public notice of each hearing, including the time, 
place, and agenda of the meeting, shall be provided by any means that 
will result in wide publicity in the region of the United States in 
which it is held. Timely notice of each regular meeting shall be 
published in the Federal Register. Interested persons shall be 
permitted to submit written statements regarding the matters on the 
agenda of such hearings.
    (f) Contracts.--The Commission may contract with and compensate 
government and private agencies or persons for the purpose of carrying 
out this Act.
    (g) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other agencies of the 
Federal Government.

SEC. 6. FUNDING.

    (a) In General.--Subject to subsection (b) and the availability of 
appropriations at the request of the Secretary of the Treasury, the 
agencies described in section 5(a) shall transfer funds, as specified 
in advance in appropriations Act and in a total amount not to exceed 
$5,000,000, to the Department of the Treasury for the purpose of 
carrying out the activities of the Commission in accordance with this 
Act.
    (b) Administrative Support.--The Department of the Treasury shall 
provide administrative support to the Commission, which may include 
providing physical space at, and access to, the headquarters of the 
Department of the Treasury located in Washington, DC.
    (c) Prohibition on New Funding.--No additional funds are authorized 
to be appropriated to carry out this Act. This Act shall be carried out 
using amounts otherwise available for the Department of the Treasury or 
the agencies described in section 5(a).

SEC. 7. PERSONNEL.

    (a) Director.--The Commission shall have a Director who shall be 
appointed by the chairperson with the concurrence of the co-
chairperson. The Director shall be paid at a rate of pay established by 
the chairperson and co-chairperson, not to exceed the annual rate of 
basic pay payable for level V of the Executive Schedule under section 
5316 of title 5, United States Code. The Director shall include in 
budget recommendations a summary of the amounts such Director 
determines necessary for the expenses of the Commission, including 
expenses for publications of reports, as appropriate.
    (b) Staff.--The Director may appoint and fix the pay of additional 
staff as the Director determines appropriate. No staff of the 
Commission shall receive compensation at a rate in excess of the rate 
specified for GS-15 of the General Schedule under section 5332 of title 
5, United States Code.
    (c) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, at rates for individuals which do not exceed the daily 
equivalent of the annual rate of basic pay for a comparable position 
paid under the General Schedule.
    (d) Authority To Accept Voluntary Services.--Notwithstanding the 
provisions of section 1342 of title 31, United States Code, the 
Commission is authorized to accept and utilize the services of 
volunteers serving without compensation. The Commission may reimburse 
such volunteers for local travel and office supplies, and for other 
travel expenses, including per diem in lieu of subsistence, as 
authorized by section 5703 of title 5, United States Code. A person 
providing volunteer services to the Commission shall be considered an 
employee of the Federal Government in the performance of those services 
for the purposes of the following provisions of law:
            (1) Chapter 81 of title 5, United States Code, relating to 
        compensation for work-related injuries.
            (2) Chapter 171 of title 28, United States Code, relating 
        to tort claims.
            (3) Chapter 11 of title 18, United States Code, relating to 
        conflicts of interest.

SEC. 8. TERMINATION.

    The Commission shall terminate not later than 2 years after the 
date of enactment of this Act.
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