I

104TH CONGRESS

2D SESSION H. R. 3881

To establish the Bipartisan Commission on the Future of Medicare to make

findings and issue recommendations on the future of the Medicare program.

IN THE HOUSE OF REPRESENTATIVES

JULY 23, 1996

Mr. STEARNS (for himself, Mr. WOLF, Mr. MCHUGH, Mr. GIBBONS, Mr.

MONTGOMERY, and Mr. ROHRABACHER) introduced the following bill;

which was referred to the Committee on Commerce, and in addition to

the Committee on Ways and Means, 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 the Bipartisan Commission on the Future of

Medicare to make findings and issue recommendations

on the future of the Medicare program.

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

3 SECTION 1. ESTABLISHMENT OF BIPARTISAN COMMISSION

4 ON THE FUTURE OF MEDICARE.

5 There is established a commission to be known as the

6 Bipartisan Commission on the Future of Medicare (in this

7 Act referred to as the ‘‘Commission’’).
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1 SEC. 2. DUTIES.

2 (a) FINDINGS.—The Commission shall make specific

3 findings regarding each of the following:

4 (1) Patterns of spending under the Medicare

5 program under title XVIII of the Social Security

6 Act.

7 (2) The long-term solvency of the Federal Hos8 pital Insurance Trust Fund under section 1817 of

9 the Social Security Act and the Federal Supple10 mentary Medical Insurance Trust Fund under sec11 tion 1841 of such Act.

12 (3) The feasibility and desirability of expanding

13 the choices available to Medicare beneficiaries in the

14 methods through which Medicare benefits are pro15 vided, including providing benefits through managed

16 care arrangements and through coordination with

17 employer-sponsored or other private health benefit

18 plans.

19 (4) The need to eliminate waste, fraud, and

20 abuse under the Medicare program.

21 (5) The quality of services provided under the

22 Medicare program.

23 (6) The effectiveness of the existing structure

24 and administration of the Medicare program.
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1 (b) RECOMMENDATIONS.—The Commission shall

2 make specific recommendations to the Congress regarding

3 its findings under subsection (a).

4 SEC. 3. MEMBERSHIP.

5 (a) APPOINTMENT.—

6 (1) IN GENERAL.—The Commission shall be

7 composed of 15 members appointed as follows:

8 (A) The President shall appoint 5 mem9 bers, of whom at least one shall be under 35

10 years of age at the time of appointment.

11 (B) The majority leader of the Senate shall

12 appoint, after consultation with the minority

13 leader of the Senate, 5 Members of the Senate,

14 of whom not more than 3 may be of the same

15 political party and at least one shall be under

16 35 years of age at the time of appointment.

17 (C) The Speaker of the House of Rep18 resentatives shall appoint, after consultation

19 with the minority leader of the House of Rep20 resentatives, 5 Members of the House, of whom

21 not more than 3 may be of the same political

22 party and at least one shall be under 35 years

23 of age at the time of appointment.

24 (2) DEADLINE FOR APPOINTMENT.—The mem25 bers of the Commission shall be appointed not later
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1 than 6 months after the date of the enactment of

2 this Act.

3 (b) CHAIRMAN AND VICE CHAIRMEN.—The Commis4 sion shall elect a chairman and 4 vice chairmen from

5 among its members.

6 (c) VACANCIES.—Any vacancy in the membership of

7 the Commission shall be filled in the manner in which the

8 original appointment was made and shall not affect the

9 power of the remaining members to execute the duties of

10 the Commission.

11 (d) QUORUM.—A quorum shall consist of 8 members

12 of the Commission, except that 4 members may conduct

13 a hearing under section 5(a).

14 (e) MEETINGS.—The Commission shall meet at the

15 call of its chairman or a majority of its members.

16 (f) COMPENSATION AND REIMBURSEMENT OF EX17 PENSES.—Members of the Commission are not entitled to

18 receive compensation for service on the Commission. Mem19 bers may be reimbursed for travel, subsistence, and other

20 necessary expenses incurred in carrying out the duties of

21 the Commission.

22 SEC. 4. STAFF AND CONSULTANTS.

23 (a) STAFF.—The Commission may appoint and de24 termine the compensation of such staff as may be nec25 essary to carry out the duties of the Commission. Such
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1 appointments and compensation may be made without re2 gard to the provisions of title 5, United States Code, that

3 govern appointments in the competitive services, and the

4 provisions of chapter 51 and subchapter III of chapter 53

5 of such title that relate to classifications and the General

6 Schedule pay rates.

7 (b) CONSULTANTS.—The Commission may procure

8 such temporary and intermittent services of consultants

9 under section 3109(b) of title 5, United States Code, as

10 the Commission determines to be necessary to carry out

11 the duties of the Commission.

12 SEC. 5. POWERS.

13 (a) HEARINGS AND OTHER ACTIVITIES.—For the

14 purpose of carrying out its duties, the Commission may

15 hold such hearings and undertake such other activities as

16 the Commission determines to be necessary to carry out

17 its duties.

18 (b) STUDIES BY GENERAL ACCOUNTING OFFICE.—

19 Upon the request of the Commission, the Comptroller

20 General shall conduct such studies or investigations as the

21 Commission determines to be necessary to carry out its

22 duties.

23 (c) COST ESTIMATES BY CONGRESSIONAL BUDGET

24 OFFICE.—
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1 (1) IN GENERAL.—Upon the request of the

2 Commission, the Director of the Congressional

3 Budget Office shall provide to the Commission such

4 cost estimates as the Commission determines to be

5 necessary to carry out its duties.

6 (2) REIMBURSEMENT.—The Commission shall

7 reimburse the Director of the Congressional Budget

8 Office for expenses relating to the employment in

9 the office of the Director of such additional staff as

10 may be necessary for the Director to comply with re11 quests by the Commission under paragraph (1).

12 (d) DETAIL OF FEDERAL EMPLOYEES.—Upon the

13 request of the Commission, the head of any Federal agen14 cy is authorized to detail, without reimbursement, any of

15 the personnel of such agency to the Commission to assist

16 the Commission in carrying out its duties. Any such detail

17 shall not interrupt or otherwise affect the civil service sta18 tus or privileges of the Federal employee.

19 (e) TECHNICAL ASSISTANCE.—Upon the request of

20 the Commission, the head of a Federal agency shall pro21 vide such technical assistance to the Commission as the

22 Commission determines to be necessary to carry out its

23 duties.

24 (f) USE OF MAILS.—The Commission may use the

25 United States mails in the same manner and under the
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1 same conditions as Federal agencies, and shall, for pur2 poses of the frank, be considered a commission of Con3 gress as described in section 3215 of title 39, United

4 States Code.

5 (g) OBTAINING INFORMATION.—The Commission

6 may secure directly from any Federal agency information

7 necessary to enable it to carry out its duties, if the infor8 mation may be disclosed under section 552 of title 5,

9 United States Code. Upon request of the chairman of the

10 Commission, the head of such agency shall furnish such

11 information to the Commission.

12 (h) ADMINISTRATIVE SUPPORT SERVICES.—Upon

13 the request of the Commission, the Administrator of Gen14 eral Services shall provide to the Commission on a reim15 bursable basis such administrative support services as the

16 Commission may request.

17 (i) ACCEPTANCE OF DONATIONS.—The Commission

18 may accept, use, and dispose of gifts or donations of serv19 ices or property.

20 (j) PRINTING.—For purposes of costs relating to

21 printing and binding, including the costs of personnel de22 tailed from the Government Printing Office, the Commis23 sion shall be deemed to be a committee of the Congress.
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1 SEC. 6. REPORT.

2 Not later than 1 year after the date of the enactment

3 of this Act, the Commission shall submit to Congress a

4 report containing its findings and recommendations under

5 section 2, and shall include in the report recommendations

6 for appropriate legislative initiatives to carry out its rec7 ommendations.

8 SEC. 7. TERMINATION.

9 The Commission shall terminate 30 days after the

10 date of submission of the report required in section 6.

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