Federal
Establishing the Joint Select Committee on Solvency of Multiemployer Pension Plans.
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IV
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116TH CONGRESS
1ST SESSION
H. CON. RES. 54
Establishing the Joint Select Committee on Solvency of Multiemployer
Pension Plans.
IN THE HOUSE OF REPRESENTATIVES
JULY 24, 2019
Mr. STEIL submitted the following concurrent resolution; which was referred
to the Committee on Rules
CONCURRENT RESOLUTION
Establishing the Joint Select Committee on Solvency of
Multiemployer Pension Plans.
Resolved by the House of Representatives (the Senate
1
concurring),
2
SECTION 1. DEFINITIONS.
3
In this Act—
4
(1) the term ‘‘joint committee’’ means the Joint
5
Select Committee on Solvency of Multiemployer Pen-
6
sion Plans established under section 2(a); and
7
(2) the term ‘‘joint committee bill’’ means a bill
8
consisting of the proposed legislative language of the
9
joint committee recommended in accordance with
10
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section 2(b)(2)(B)(ii) and introduced under section
1
4(a).
2
SEC. 2. ESTABLISHMENT OF JOINT SELECT COMMITTEE.
3
(a) ESTABLISHMENT
OF
JOINT
SELECT
COM-
4
MITTEE.—There is established a joint select committee of
5
Congress to be known as the ‘‘Joint Select Committee on
6
Solvency of Multiemployer Pension Plans’’.
7
(b) IMPLEMENTATION.—
8
(1) GOAL.—The goal of the joint committee is
9
to improve the solvency of multiemployer pension
10
plans and the Pension Benefit Guaranty Corpora-
11
tion.
12
(2) DUTIES.—
13
(A) IN
GENERAL.—The joint committee
14
shall provide recommendations and legislative
15
language that will significantly improve the sol-
16
vency of multiemployer pension plans and the
17
Pension Benefit Guaranty Corporation.
18
(B) REPORT,
RECOMMENDATIONS,
AND
19
LEGISLATIVE LANGUAGE.—
20
(i) IN
GENERAL.—Not later than
21
April 30, 2020, the joint committee shall
22
vote on—
23
(I) a report that contains a de-
24
tailed statement of the findings, con-
25
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HCON 54 IH1S
clusions, and recommendations of the
1
joint committee; and
2
(II) proposed legislative language
3
to carry out the recommendations de-
4
scribed in subclause (I).
5
(ii) APPROVAL OF REPORT AND LEG-
6
ISLATIVE LANGUAGE.—
7
(I) IN GENERAL.—The report of
8
the joint committee and the proposed
9
legislative
language
described
in
10
clause (i) shall only be approved upon
11
receiving the votes of—
12
(aa) a majority of joint com-
13
mittee members appointed by the
14
Speaker of the House of Rep-
15
resentatives and the majority
16
leader of the Senate; and
17
(bb) a majority of joint com-
18
mittee members appointed by the
19
minority leader of the House of
20
Representatives and the minority
21
leader of the Senate.
22
(II) AVAILABILITY.—The text of
23
any report and proposed legislative
24
language shall be publicly available in
25
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electronic form at least 24 hours prior
1
to its consideration.
2
(iii) ADDITIONAL VIEWS.—A member
3
of the joint committee who gives notice of
4
an intention to file supplemental, minority,
5
or additional views at the time of the final
6
joint committee vote on the approval of the
7
report and legislative language under
8
clause (ii) shall be entitled to 2 calendar
9
days after the day of such notice in which
10
to file such views in writing with the co-
11
chairs. Such views shall then be included
12
in the joint committee report and printed
13
in the same volume, or part thereof, and
14
their inclusion shall be noted on the cover
15
of the report. In the absence of timely no-
16
tice, the joint committee report may be
17
printed and transmitted immediately with-
18
out such views.
19
(iv) TRANSMISSION OF REPORT AND
20
LEGISLATIVE
LANGUAGE.—If the report
21
and legislative language are approved by
22
the joint committee pursuant to clause (ii),
23
the joint committee shall submit the joint
24
committee report and legislative language
25
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described in clause (i) to the President, the
1
Vice President, the Speaker of the House
2
of Representatives, and the majority and
3
minority leaders of each House of Con-
4
gress not later than 15 calendar days after
5
such approval.
6
(v) REPORT AND LEGISLATIVE LAN-
7
GUAGE TO BE MADE PUBLIC.—Upon the
8
approval of the joint committee report and
9
legislative language pursuant to clause (ii),
10
the joint committee shall promptly make
11
the full report and legislative language,
12
and a record of any vote, available to the
13
public.
14
(3) MEMBERSHIP.—
15
(A) IN
GENERAL.—The joint committee
16
shall be composed of 16 members appointed
17
pursuant to subparagraph (B).
18
(B) APPOINTMENT.—Members of the joint
19
committee shall be appointed as follows:
20
(i) The Speaker of the House of Rep-
21
resentatives shall appoint 4 members from
22
among Members of the House of Rep-
23
resentatives.
24
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(ii) The minority leader of the House
1
of Representatives shall appoint 4 mem-
2
bers from among Members of the House of
3
Representatives.
4
(iii) The majority leader of the Senate
5
shall appoint 4 members from among
6
Members of the Senate.
7
(iv) The minority leader of the Senate
8
shall appoint 4 members from among
9
Members of the Senate.
10
(C) CO-CHAIRS.—Two of the appointed
11
members of the joint committee will serve as co-
12
chairs. The Speaker of the House of Represent-
13
atives and the majority leader of the Senate
14
shall jointly appoint one co-chair, and the mi-
15
nority leader of the House of Representatives
16
and the minority leader of the Senate shall
17
jointly appoint the second co-chair. The co-
18
chairs shall be appointed not later than 14 cal-
19
endar days after the date of enactment of this
20
Act.
21
(D) DATE.—Members of the joint com-
22
mittee shall be appointed not later than 14 cal-
23
endar days after the date of enactment of this
24
Act.
25
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(E) PERIOD OF APPOINTMENT.—Members
1
shall be appointed for the life of the joint com-
2
mittee. Any vacancy in the joint committee
3
shall not affect its powers, but shall be filled
4
not later than 14 calendar days after the date
5
on which the vacancy occurs, in the same man-
6
ner as the original appointment was made. If a
7
member of the joint committee ceases to be a
8
Member of the House of Representatives or the
9
Senate, as the case may be, the member is no
10
longer a member of the joint committee and a
11
vacancy shall exist.
12
(4) ADMINISTRATION.—
13
(A) GENERAL AUTHORITY.—For purposes
14
of enabling the joint committee to exercise its
15
powers, functions, and duties under this Act,
16
and consistent with the Standing Rules of the
17
Senate, there is authorized from the date of en-
18
actment of this Act through June 30, 2020,
19
$500,000 to be allocated—
20
(i) in total during the period March 1,
21
2019 through September 30, 2019; and
22
(ii) any remaining amounts shall be
23
carried forward for the period October 1,
24
2019 through September 30, 2020.
25
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(B) EXPENSES.—Expenses of the joint
1
committee shall be paid from the contingent
2
fund of the Senate upon vouchers approved by
3
the co-chairs, subject to the rules and regula-
4
tions of the Senate.
5
(C) QUORUM.—Nine members of the joint
6
committee shall constitute a quorum for pur-
7
poses of voting and meeting, and 5 members of
8
the joint committee shall constitute a quorum
9
for holding hearings.
10
(D) VOTING.—No proxy voting shall be al-
11
lowed on behalf of the members of the joint
12
committee.
13
(E) MEETINGS.—
14
(i) INITIAL MEETING.—Not later than
15
30 calendar days after the date of enact-
16
ment of this Act, the joint committee shall
17
hold its first meeting.
18
(ii) AGENDA.—The co-chairs of the
19
joint committee shall provide an agenda to
20
the joint committee members not less than
21
48 hours in advance of any meeting.
22
(F) HEARINGS.—
23
(i) IN
GENERAL.—The joint com-
24
mittee may, for the purpose of carrying
25
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out this section, hold such hearings, sit
1
and act at such times and places, require
2
attendance of witnesses and production of
3
books, papers, and documents, take such
4
testimony, receive such evidence, and ad-
5
minister such oaths as the joint committee
6
considers advisable.
7
(ii) HEARING PROCEDURES AND RE-
8
SPONSIBILITIES OF CO-CHAIRS.—
9
(I) ANNOUNCEMENT.—The co-
10
chairs of the joint committee shall
11
make a public announcement of the
12
date, place, time, and subject matter
13
of any hearing to be conducted, not
14
less than 7 days in advance of such
15
hearing, unless the co-chairs deter-
16
mine that there is good cause to begin
17
such hearing at an earlier date.
18
(II) EQUAL REPRESENTATION OF
19
WITNESSES.—Each co-chair shall be
20
entitled to select an equal number of
21
witnesses for each hearing held by the
22
joint committee.
23
(III) WRITTEN
STATEMENT.—A
24
witness appearing before the joint
25
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committee shall file a written state-
1
ment of proposed testimony at least 2
2
calendar days before the appearance
3
of the witness, unless the requirement
4
is waived by the co-chairs, following
5
their determination that there is good
6
cause for failure to comply with such
7
requirement.
8
(G) MINIMUM NUMBER OF PUBLIC MEET-
9
INGS
AND
HEARINGS.—The joint committee
10
shall hold—
11
(i) not less than a total of 5 public
12
meetings or public hearings; and
13
(ii) not less than 3 public hearings,
14
which may include field hearings.
15
(H) TECHNICAL ASSISTANCE.—Upon writ-
16
ten request of the co-chairs, a Federal agency,
17
including legislative branch agencies, shall pro-
18
vide technical assistance to the joint committee
19
in order for the joint committee to carry out its
20
duties.
21
(I) STAFFING.—
22
(i) DETAILS.—Employees of the legis-
23
lative branch may be detailed to the joint
24
committee on a nonreimbursable basis,
25
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consistent with the rules and regulations of
1
the Senate.
2
(ii) STAFF DIRECTOR.—The co-chairs,
3
acting jointly, may designate one such em-
4
ployee as staff director of the joint com-
5
mittee.
6
(c) ETHICAL STANDARDS.—Members on the joint
7
committee who serve in the House of Representatives shall
8
be governed by the ethics rules and requirements of the
9
House. Members of the Senate who serve on the joint com-
10
mittee shall comply with the ethics rules of the Senate.
11
(d) TERMINATION.—The joint committee shall termi-
12
nate on April 30, 2020, or 30 days after submission of
13
its report and legislative recommendations pursuant to
14
this section whichever occurs first.
15
SEC. 3. FUNDING.
16
(a) SPECIAL RESERVE.—To enable the joint com-
17
mittee to exercise its powers, functions, and duties under
18
this Act, within the funds in the account for ‘‘Expenses
19
of Inquiries and Investigations’’ of the Senate, not more
20
than $500,000 shall be allocated from the special reserve
21
established in S. Res. 70, agreed to February 27, 2019
22
(116th Congress), for use by the joint committee.
23
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(b) EXPIRATION.—None of the funds made available
1
by this section may be available for obligation by the joint
2
committee after July 2, 2020.
3
(c) AVAILABILITY REQUIREMENTS.—For purposes of
4
the joint committee, section 20(b) of S. Res. 70, agreed
5
to February 27, 2019 (116th Congress), shall not apply.
6
SEC. 4. CONSIDERATION OF JOINT COMMITTEE BILL IN
7
THE SENATE.
8
(a) INTRODUCTION.—Upon receipt of proposed legis-
9
lative language approved in accordance with section
10
2(b)(2)(B)(ii), the language shall be introduced in the
11
Senate (by request) on the next day on which the Senate
12
is in session by the majority leader of the Senate or by
13
a Member of the Senate designated by the majority leader
14
of the Senate.
15
(b) COMMITTEE
CONSIDERATION.—A joint com-
16
mittee bill introduced in the Senate under subsection (a)
17
shall be jointly referred to the Committee on Finance and
18
the Committee on Health, Education, Labor, and Pen-
19
sions, which committees shall report the bill without any
20
revision and with a favorable recommendation, an unfavor-
21
able recommendation, or without recommendation, no
22
later than 7 session days after introduction of the bill. If
23
either committee fails to report the bill within that period,
24
that committee shall be automatically discharged from
25
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consideration of the bill, and the bill shall be placed on
1
the appropriate calendar.
2
(c) MOTION TO PROCEED TO CONSIDERATION.—
3
(1) IN GENERAL.—Notwithstanding rule XXII
4
of the Standing Rules of the Senate, it is in order,
5
not later than 2 days of session after the date on
6
which a joint committee bill is reported or dis-
7
charged from the Committee on Finance and the
8
Committee on Health, Education, Labor, and Pen-
9
sions, for the majority leader of the Senate or the
10
majority leader’s designee to move to proceed to the
11
consideration of the joint committee bill. It shall also
12
be in order for any Member of the Senate to move
13
to proceed to the consideration of the joint com-
14
mittee bill at any time after the conclusion of such
15
2-day period.
16
(2) C
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