SAFE Commission Act - Securing America's Future Economy Commission Act

109th CONGRESS
2d Session

S. 3491

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

June 12, 2006

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.

(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.

(D) Incentives to increase private savings.

(E) Automatic stabilizers or triggers to enforce spending and revenue targets.

(F) 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 be designed to address any shortcomings 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 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 2/3 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.

(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- The 15 voting members of the Commission shall be appointed as follows:

(A) The President shall appoint 3 members, one of whom the President shall appoint as chairperson of the Commission.

(B) The Majority Leader of the Senate shall appoint 3 members.

(D) The Speaker of the House of Representatives shall appoint 3 members.

(E) The Minority Leader of the House of Representatives 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)(1) who is a Member of Congress may appoint not more than 1 Member of Congress to the Commission.

(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 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.

(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 Chairperson 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 60 days after submitting its legislative proposal.

SEC. 11. ALTERNATIVE LEGISLATIVE PROPOSAL OF THE PRESIDENT.

The President may, not later than 120 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 120 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 120-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

(2) 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) Any Member may offer, as an amendment in the nature of a substitute, the 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.

(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 paragraph (1) and (2) of section 14(b)); or

(II) the long-term CBO cost estimate of the amendment is greater than the long-term CBO cost estimate of the legislative proposal submitted by the Commission.

(ii) 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.

(3) TRANSMITTAL TO THE SENATE- If legislation passes the House pursuant to subsection (b), 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.

(1) AUTOMATIC DISCHARGE OF SENATE BUDGET COMMITTEE- If the Senate Committee on the Budget has not reported the legislation before the expiration of the 120-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- Consideration of such legislation shall be pursuant to the procedures set forth in section 305 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) Any Member may offer, as an amendment in the nature of a substitute, the legislative proposal submitted by the Commission.

(iii) 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.

(i) IN GENERAL- An amendment offered under subparagraph (B) is subject to a point of order if--

(II) the long-term CBO cost estimate of the amendment is greater than the long-term CBO cost estimate of the legislative proposal submitted by the Commission.

(ii) 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) 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 legislation considered under this section.

(e) 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 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)(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 the 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