109th CONGRESS
2d Session
H. R. 5859
To establish a commission to develop legislation designed to reform
entitlement benefit programs and ensure a sound fiscal future for the United
States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
July 20, 2006
Mr. MCHENRY introduced the following bill; which was referred to the Committee
on the Budget, and in addition to the Committee on Rules, for a period to
be subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To establish a commission to develop legislation designed to reform
entitlement benefit programs and 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 `Commission On Reforming Entitlement Spending
Act' or the `CORE Spending Act'.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the `Commission On Reforming
Entitlement Spending' (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 to provide assistance to the neediest people.
(C) Incentives to increase private savings.
(D) Automatic stabilizers or triggers to enforce spending and revenue
targets.
(E) Any other reforms designed to address the issues described in paragraph
(1).
(3) LIMITATION- The legislation developed under this subsection may not
include any new, or any increase in an existing, Federal tax.
(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
be designed to address any flaws in the method currently used with regard
to estimating the positive economic effects of legislation.
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 the issues, and tradeoffs
between the policies.
SEC. 5. REPORT.
The Commission shall, not later than 180 days 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 activities of the Commission.
(2) A summary of comments and suggestions generated from the town hall
style public hearings.
(3) 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.
(4) A detailed description of the long-term fiscal problems faced by the
United States.
(5) A list of policy options for addressing those problems.
(6) Criteria for the legislative proposal to be developed by 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 two-thirds of the members, the Commission
shall submit a legislative proposal to Congress and the President designed
to address the issues described section 3.
(b) Proposal Requirements- The proposal must, to the extent feasible, be
designed--
(1) to achieve generational equity and long-term economic stability;
(2) to address the comments and suggestions of the public; and
(3) to 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 15 voting members appointed
pursuant to paragraph (1) and 2 nonvoting members described in paragraph
(2).
(1) VOTING MEMBERS- (A) The President shall appoint 3 members, one of
which the President shall appoint as chairperson of the Commission.
(B) The Speaker of the House of Representatives shall appoint 3 members.
(C) The Minority Leader of the House of Representatives shall appoint
3 members.
(D) The Majority Leader of the Senate shall appoint 3 members.
(E) The Minority Leader of the Senate shall appoint 3 members.
(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.
(b) Limitation as to Members of Congress- Each appointing authority described
in subsection (a) who is a Member of Congress may only appoint 1 Member
of Congress to the Commission.
(c) Date for Original Appointment- The appointing authorities described
in subsection (a) shall appoint the initial members of the Commission not
later than 30 days after the date of enactment of this Act.
(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 such 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 chairperson
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.
(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 direct.
(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- 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.
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 60 days after submitting its legislative
proposal.
SEC. 11. ALTERNATIVE LEGISLATIVE PROPOSAL OF PRESIDENT.
The President may, not later than 60 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 PROPOSAL OF 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 60 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- On the first legislative day after the Commission submits
its legislative proposal, the Speaker of the House of Representatives and
the Majority Leader of the Senate shall introduce (by request) the legislation
submitted by the Commission.
(b) In the House of Representatives-
(1) PRIVILEGED CONSIDERATION- In the House of Representatives, if a committee
to which the legislation has been referred has not reported the legislation
before the expiration of the 60-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 is highly
privileged and is not debatable.
(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) Any Member may offer, as an amendment in the nature of a substitute,
the alternative legislative proposal submitted by the Commission.
(iii) 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.
(C) POINTS OF ORDER- 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
(ii) the long-term CBO cost estimate of the amendment exceeds the
long-term CBO cost estimate of the legislative proposal submitted
by the Commission.
(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.
SEC. 14. LONG-TERM CBO COST ESTIMATE.
(a) Preparation and Submission- When the Commission, the President, or the
chairman 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
CBO cost estimate of legislation proposed under this Act or an amendment
referred to in section 13(b)(2)(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 of the legislation or amendment
for first fiscal year it would take effect and for each of the 50 fiscal
years thereafter; and
(2) a statement of any estimated future costs not reflected by the estimate
described in paragraph (1).
END
