[Congressional Record (Bound Edition), Volume 152 (2006), Part 8] [Senate] [Pages 10786-10789] [From the U.S. Government Publishing Office, www.gpo.gov]STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS By Mr. SANTORUM: S. 3490. A bill to direct the Secretary of the Interior to initiate and complete an evaluation of land and water located in northeastern Pennsylvania for future acquisition and inclusion in a potential Cherry Valley National Wildlife Refuge, and for other purposes; to the Committee on Environment and Public Works. Mr. SANTORUM. Mr. President, I rise today to introduce legislation requiring the Secretary of the Department of the Interior to conduct a study evaluating a pristine area in the northeastern part of Pennsylvania, called Cherry Valley, for its potential designation as a national wildlife refuge. Known for its unspoiled wetlands and riparian forests, Cherry Valley provides an important habitat for one of the largest known populations of the threatened bog turtle, as well as for a plethora of endangered and rare species. Also, due to its location along the Kittatinny Ridge Migration Corridor, Cherry Valley is centrally located along an important migration route for eagles and the broad-winged hawk. Recognized as an environmental treasure by local officials and residents, there is widespread support for Cherry Valley's designation as a wildlife refuge. Some landowners have, however, expressed private property concerns with the proposed designation. It is my hope that by requiring a study, during which the Secretary must consult with landowners and other interested parties, we can fully understand the value of the Cherry Valley area, as well as address any concerns landowners may have. Representative Paul Kanjorski introduced similar legislation in the House. I ask for the support of my colleagues in authorizing this study to determine whether beautiful Cherry Valley should be preserved and designated a national wildlife refuge. ______ By Mr. VOINOVICH: S. 3491. 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; to the Committee on the Budget. Mr. VOINOVICH. Mr. President, I rise to speak on the Securing America's Future Economy Commission Act, which I am introducing today. I ask unanimous consent that my statement and bill be printed in the Record. This legislation stems from the need to address our Nation's current and future fiscal health. The fact is, we are in [[Page 10787]] dire straits. In the simplest terms, the Federal Government continues to spend more than it takes in. In case anyone has forgotten, the deficit for fiscal year 2005 was $318 billion--the third largest deficit in our Nation's history. If we were to take out the Social Security surplus, the deficit would be nearly $500 billion. And if we were to use accrual accounting, the accounting method used by American businesses, the deficit would be approximately $760 billion. These deficits only continue to add to our national debt. When I came to the Senate in 1999, the national debt stood at $5.6 trillion. Since then, it has increased 50 percent to $8.4 trillion. As a percentage of Gross Domestic Product, GDP, our national debt has grown from being 58 percent of GDP at the end of 2000 to an estimated 66.1 percent of GDP by the end of 2006. In fact, the debt continues to grow so quickly that the House of Representative's fiscal year 2007 budget resolution raises the Federal debt ceiling to nearly $10 trillion. This is only a few months after Congress was forced to raise the debt ceiling. These ongoing deficits, coupled with the expected tidal wave of entitlement spending, will soon put our Nation in a very unenviable position if thoughtful action is not taken. Moreover, the trust funds for Medicare and Social Security will be exhausted even earlier than previously thought. According to the most recent trustees' report, the cost of Social Security and Medicare will grow from nearly 7.4 percent of the economy today to 12.7 percent by 2030, consuming approximately 70 percent of all Federal revenues, crowding out all other discretionary spending and some other mandatory programs. While entitlements are a major component of our Nation's future fiscal health, it is not the only portion. Just as we must look at how we must reform our entitlement programs to maintain our nation's competitiveness, we must also review our arcane Tax Code. What we should be doing is spending our time on tax reform. We all know that fundamental tax reform is critical. Just as we know the entitlement tidal wave is coming, we know that more and more middle class American families are being swept up in the AMT. So I simply cannot understand why some of my colleagues want to make so many provisions of the current Tax Code permanent or add new tax cuts when we very well may be eliminating precisely the same provisions as part of fundamental tax reform. No homeowner would remodel their kitchen and bathroom right before tearing down the house to build a newer and better one. Simplifying the code to make it more fair and honest could, by some estimates, save taxpayers over $265 billion in costs associated with preparing their taxes. That would be a real tax reduction, and it would not cost the Treasury one dime. It would be a tax cut that would guarantee that people are paying their fair share and would bring more money into the Federal Treasury. Anyone in the know who is watching us has got to wonder about our character, our intellectual honesty, our concern about our national security, our Nation's competitiveness in the global marketplace now and in the future, and last but not least, our ``don't-give-a-dam'' attitude about the standard of living and quality of life of our children and grandchildren. We know the long-term fiscal challenges that are facing our nation. We know that if we continue to move forward blindly, we will walk off a cliff. The simple fact is that we can't have it all--we need to set priorities and make hard choices--otherwise our children will end up paying for it. Last week I voted against the repeal of the estate tax and called on Congress to heed Americans' demand for fundamental tax and entitlement reform. The SAFE Act shows that I am serious about making this a priority for Congress. The legislation will establish a commission comprised of 15 voting members, 3 of which will be appointed by the President, 3 by the Senate majority leader, 3 by the Senate minority leader, 3 by the Speaker of the House and 3 by the House minority leader. The Director of the Congressional Budget Office and the Comptroller General of the United States will be appointed as nonvoting ex-officio members of the Commission to lend their expertise. The Commission will bring together the best minds associated with budget and economic policies to examine the long-term fiscal challenges facing the United States and recommend reforms. A minimum of six public town hall meetings will be held throughout the country within year to determine the scope of the problem and consider solutions. At the conclusion of the town meetings, the Commission will present a report to Congress detailing the fiscal problems facing future generations as well as a framework of long-term solutions. Within 60 days of the presentation of their report to Congress, the Commission will transmit to Congress a legislative proposal designed to: address the imbalance between long-term Federal spending commitments and projected revenues; increase net national savings to spur domestic investment and economic growth; and improve the budget process to place greater emphasis on long-term fiscal issues. The administration and Congress will each have 120 days to review the proposal and develop equivalent proposals if they deem necessary. Congress would then be required to vote on the proposals. America's fiscal situation is dire. Nothing is off the table when it comes to ensuring our longterm prosperity and increasing our competitiveness in the global marketplace. The task is daunting, but now is the time to act. I am thinking not only about the present, but about our children and grandchildren and the legacy--or burden--we will leave them. There being no objection, the text of the bill was ordered to be printed in the Record, as follows: S. 3491 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. (C) 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. (C) Reforms that make United States tax laws more efficient and more conducive to encouraging economic growth. (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 [[Page 10788]] 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. (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.--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. (C) The Minority 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 (C) a motion to proceed to the consideration of the legislation is highly privileged and is not debatable. [[Page 10789]] (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. (C) Point of order.-- (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. (c) In the Senate.-- (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. (C) Point of order.-- (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 Senate by an affirmative vote of \3/5\ of the Members duly chosen and sworn. (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. (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). ____________________