Social Security and Medicare Solvency Commission Act - Establishes the National Commission on Entitlement Solvency to review and report to the President and Congress on the Social Security and Medicare programs with respect to: (1) their current and long-term actuarial financial condition; (2) problems that may threaten their long-term solvency, and potential solutions; and (3) recommendations and proposed legislative language that will ensure their long-term solvency and the provision of appropriate benefits.
Provides for expedited congressional consideration of Commission recommendations.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3724 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3724
To establish a National Commission on Entitlement Solvency.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 2, 2007
Mr. Fossella (for himself and Mr. Hill) introduced the following bill;
which was referred to the Committee on Ways and Means, and in addition
to the Committees on Energy and Commerce and 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 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; and
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, 2008.
(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) Recommital 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) Recommital 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and 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.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Social Security.
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