I 

114TH CONGRESS 

2D SESSION H. R. 5562 

To amend title XIX of the Social Security Act to provide for Congressional 

appointment of members of the Medicaid and CHIP Payment Advisory 

Commission (MACPAC). 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 22, 2016 

Mr. GRIFFITH introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend title XIX of the Social Security Act to provide 

for Congressional appointment of members of the Medicaid and CHIP Payment Advisory Commission 

(MACPAC). 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CONGRESSIONAL APPOINTMENT OF MEMBERS 

4 OF MACPAC. 

5 (a) IN GENERAL.—Section 1900(c) of the Social Se6 curity Act (42 U.S.C. 1396(c)) is amended— 

7 (1) in paragraph (1), by striking the period at 

8 the end and inserting the following: ‘‘, except that 


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1 for terms beginning on or after January 1, 2017, 

2 such members shall be appointed as follows: 

3 ‘‘(A) Six by the Speaker of the House of 

4 Representatives, in consultation with the chair5 man of the Committee on Energy and Com6 merce of the House of Representatives. 

7 ‘‘(B) Three by the minority leader of the 

8 House of Representatives, in consultation with 

9 the ranking member of such Committee. 

10 ‘‘(C) Five by the majority leader of the 

11 Senate, in consultation with the chairman of 

12 the Committee on Finance of the Senate. 

13 ‘‘(D) Three by the minority leader of the 

14 Senate, in consultation with the ranking mem15 ber of such Committee.’’; 

16 (2) by amending paragraph (2) to read as fol17 lows: 

18 ‘‘(2) APPLICATION OF ETHICS RULES.—Mem19 bers of MACPAC shall be treated as employees of 

20 Congress for purposes of applying title I of the Eth21 ics in Government Act of 1978 (Public Law 95– 

22 521).’’; 

23 (3) in paragraph (3)(A), by inserting ‘‘or Con24 gressional officials (as may be applicable)’’ after 

25 ‘‘Comptroller General of the United States’’; and 


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1 (4) in paragraph (5), by inserting before the pe2 riod at the end the following: ‘‘and, beginning Janu3 ary 1, 2017, MACPAC shall elect a member as 

4 Chairman and a member as Vice Chairman’’. 

5 (b) TRANSITION.— 

6 (1) INITIAL APPOINTMENT.—The terms of 

7 members of the Medicaid and CHIP Payment and 

8 Access Commission, as in effect as of the date of the 

9 enactment of this Act, shall all expire on December 

10 31, 2016. Congressional officials shall appoint new 

11 members to the Commission pursuant to the amend12 ment made by subsection (a)(1) and the terms of 

13 such new members shall begin on January 1, 2017, 

14 and shall be staggered consistent with paragraph 

15 (2). Nothing in this section shall be construed as 

16 preventing a Congressional official from appointing 

17 under such amendment an individual who is serving 

18 as a member of such Commission before January 1, 

19 2017. 

20 (2) STAGGERING TERMS FOR INITIAL APPOINT21 MENTS.—The terms of the individuals first ap22 pointed under the amendment made by subsection 

23 (a)(1) shall begin on January 1, 2017, and shall 

24 (pursuant to the amendment made by subsection 


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1 (a)(3)) be staggered as follows (as designated by the 

2 appointing official at the time of appointment): 

3 (A) SPEAKER APPOINTMENTS.—For mem4 bers appointed by the Speaker of the House of 

5 Representatives, two for a term of 3 years, two 

6 for a term of 2 years, and two for a term of 

7 1 year. 

8 (B) HOUSE MINORITY LEADER’S APPOINT9 MENTS.—For members appointed by the minor10 ity leader of the House of Representatives, one 

11 for a term of 3 years, one for a term of 2 years, 

12 and one for a term of 1 year. 

13 (C) SENATE MAJORITY LEADER’S AP14 POINTMENTS.—For members appointed by the 

15 majority leader of the Senate, one for a term of 

16 3 years, two for a term of 2 years, and two for 

17 a term of 1 year. 

18 (D) SENATE MINORITY LEADER’S AP19 POINTMENTS.—For members appointed by the 

20 minority leader of the Senate, one for a term of 

21 3 years, one for a term of 2 years, and one for 

22 a term of 1 year. 

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