I

104TH CONGRESS

2D SESSION H. R. 3992

To establish the National Commission on the Long-Term Solvency of the

Medicare Program.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 1996

Ms. MCCARTHY (for herself, Mr. LUTHER, Ms. RIVERS, Mr. CARDIN, Mrs.

KENNELLY, Mr. WARD, Mr. FAZIO of California, Ms. LOFGREN, Mr.

KENNEDY of Rhode Island, Mr. FROST, Mr. MASCARA, Mr. PALLONE,

Mr. DOOLEY of California, Mr. DOYLE, Mr. DURBIN, Mr. FATTAH, Mr.

JACKSON of Illinois, Ms. MILLENDER-MCDONALD, Ms. JACKSON-LEE of

Texas, Mr. CUMMINGS, and Mr. BLUMENAUER) introduced the following

bill; which was referred to the Committee on Ways and Means, and in

addition to the Committees on 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 the National Commission on the Long-Term

Solvency 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Medicare Commission

5 Act of 1996’’.
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1 SEC. 2. ESTABLISHMENT.

2 (a) ESTABLISHMENT.—There is established a com3 mission to be known as the National Commission on the

4 Long-Term Solvency of the Medicare Program (in this Act

5 referred to as the ‘‘Commission’’).

6 (b) MEMBERSHIP.—The Commission shall be com7 posed of 15 members appointed as follows:

8 (1) Five members shall be appointed by the

9 President from among officers or employees of the

10 executive branch, private citizens of the United

11 States, or both. Not more than 3 members selected

12 by the President shall be members of the same polit13 ical party.

14 (2) Five members shall be appointed by the Ma15 jority Leader of the Senate, in consultation with the

16 Minority Leader of the Senate, from among mem17 bers of the Senate, private citizens of the United

18 States, or both. Not more than 3 of the members se19 lected by the Majority Leader shall be members of

20 the same political party and not more than 2 of such

21 members may be members of Congress.

22 (3) Five members shall be appointed by the

23 Speaker of the House of Representatives, in con24 sultation with the Minority Leader of the House of

25 Representatives, from among members of the House

26 of Representatives, private citizens of the United
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1 States, or both. Not more than 3 of the members se2 lected by the Speaker shall be members of the same

3 political party and not more than 2 of such members

4 may be members of Congress.

5 (4) DATE.—The appointments of the members

6 of the Commission shall be made no later than 3

7 months after the date of the enactment of this Act.

8 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem9 bers shall be appointed for the life of the Commission. Any

10 vacancy in the Commission shall not affect its powers, but

11 shall be filled in the same manner as the original appoint12 ment.

13 (d) INITIAL MEETING.—No later than 30 days after

14 the date on which all members of the Commission have

15 been appointed, the Commission shall hold its first meet16 ing.

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

18 call of the Chairman.

19 (f) QUORUM.—A majority of the members of the

20 Commission shall constitute a quorum, but a lesser num21 ber of members may hold hearings.

22 (g) CHAIRMAN.—The Commission shall select a

23 Chairman from among its members.

24 SEC. 3. DUTIES OF THE COMMISSION.

25 (a) ANALYSES AND RECOMMENDATIONS.—
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1 (1) IN GENERAL.—The Commission shall—

2 (A) review relevant analyses of the current

3 and long-term financial condition of the medi4 care trust funds;

5 (B) identify problems that may threaten

6 the long-term solvency of such trust funds;

7 (C) analyze potential solutions to such

8 problems that will both assure the financial in9 tegrity of the Medicare Program under title

10 XVIII of the Social Security Act (42 U.S.C.

11 1395 et seq.) and the provision of appropriate

12 health benefits; and

13 (D) provide appropriate recommendations

14 to the Secretary of Health and Human Serv15 ices, the President, and the Congress regarding

16 preserving the long-term solvency of the Medi17 care trust funds.

18 (2) DEFINITION OF MEDICARE TRUST

19 FUNDS.—For purposes of this subsection, the term

20 ‘‘Medicare trust funds’’ means the Federal Hospital

21 Insurance Trust Fund established under section

22 1817 of the Social Security Act (42 U.S.C. 1395i)

23 and the Federal Supplementary Medical Insurance

24 Trust Fund established under section 1841 of such

25 Act (42 U.S.C. 1395t).
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1 (b) REPORT.—The Commission shall submit its re2 port to the President and the Congress not later than 12

3 months after the date of the first meeting of the Commis4 sion.

5 (c) CONGRESSIONAL CONSIDERATION OF LEGISLA6 TION.—

7 (1) DEVELOPMENT AND CONSIDERATION OF

8 LEGISLATION.—

9 (A) INTRODUCTION OF LEGISLATION.—

10 The Majority Leader of the Senate and the

11 Speaker of the House of Representatives, in

12 consultation with the Minority Leaders of the

13 Senate and House of Representatives and tak14 ing into consideration the recommendations

15 contained in such report, shall provide for the

16 development, drafting, and introduction, by not

17 later than 3 months after the date of submis18 sion of the report, of legislation in the Senate

19 and House of Representatives that provides for

20 the long-term solvency of the Medicare trust

21 funds.

22 (B) PRIVILEGED CONSIDERATION IF NOT

23 VOTED UPON WITHIN 3 MONTHS.—

24 (i) HOUSE OF REPRESENTATIVES.—If

25 legislation introduced under subparagraph
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1 (A) in the House of Representatives is not

2 voted upon in the House by not later than

3 3 months after the date of its introduction

4 in the House—

5 (I) any committee in the House

6 to which such legislation has been re7 ferred shall be treated as having been

8 discharged from consideration, and

9 (II) a motion to proceed to the

10 consideration of any such legislation

11 in the House shall be treated as high12 ly privileged.

13 (ii) SENATE.—If legislation intro14 duced under subparagraph (A) in the Sen15 ate is not voted upon in the Senate by not

16 later than 3 months after the date of its

17 introduction in the Senate—

18 (I) any committee in the Senate

19 to which such legislation has been re20 ferred shall be treated as having been

21 discharged from consideration, and

22 (II) a motion to proceed to the

23 consideration of any such legislation

24 in the Senate shall be treated as privi25 leged.
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1 (2) VOTE ON ENDORSING COMMISSION REC2 OMMENDATIONS IF NO VOTE ON LEGISLATION WITH3 IN 3 MONTHS.—If legislation introduced under para4 graph (1)(A) is not considered and approved or dis5 approved—

6 (A) in the Senate within 3 months after

7 the date of its introduction in the Senate, it

8 shall be privileged in the Senate, or

9 (B) in the House of Representatives within

10 3 months after the date of its introduction in

11 the House, it shall be highly privileged in the

12 House of Representatives,

13 to move to consider a joint resolution the substance

14 of which endorses the recommendations contained in

15 the report under subsection (b) and provides legisla16 tive authority to carryout such recommendations.

17 SEC. 4. POWERS OF THE COMMISSION.

18 (a) HEARINGS.—The Commission may hold such

19 hearings, sit and act at such times and places, take such

20 testimony, and receive such evidence as the Commission

21 considers advisable to carry out the purposes of this Act.

22 (b) INFORMATION FROM FEDERAL AGENCIES.—The

23 Commission may secure directly from any Federal depart24 ment or agency such information as the Commission con25 siders necessary to carry out the provisions of this Act.
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1 Upon request of the Chairman of the Commission, the

2 head of such department or agency shall furnish such in3 formation to the Commission.

4 (c) POSTAL SERVICES.—The Commission may use

5 the United States mails in the same manner and under

6 the same conditions as other departments and agencies of

7 the Federal Government.

8 SEC. 5. COMMISSION PERSONNEL MATTERS.

9 (a) COMPENSATION OF MEMBERS.—

10 (1) OFFICERS AND EMPLOYEES OF THE FED11 ERAL GOVERNMENT.—All members of the Commis12 sion who are officers or employees of the Federal

13 Government shall serve without compensation in ad14 dition to that received for their services as officers

15 or employees of the United States.

16 (2) PRIVATE CITIZENS OF THE UNITED

17 STATES.—

18 (A) IN GENERAL.—Subject to subpara19 graph (B), all members of the Commission who

20 are not officers or employees of the Federal

21 Government shall serve without compensation

22 for their work on the Commission.

23 (B) TRAVEL EXPENSES.—The members of

24 the Commission who are not officers or employ25 ees of the Federal Government shall be allowed
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1 travel expenses, including per diem in lieu of

2 subsistence, at rates authorized for employees

3 of agencies under subchapter I of chapter 57 of

4 title 5, United States Code, while away from

5 their homes or regular places of business in the

6 performance of services for the Commission, to

7 the extent funds are available therefore.

8 (b) STAFF.—

9 (1) IN GENERAL.—The Chairman of the Com10 mission may, without regard to the civil service laws

11 and regulations, appoint and terminate an executive

12 director and such other additional personnel as may

13 be necessary to enable the Commission to perform

14 its duties. At the request of the Chairman, the Sec15 retary of Health and Human Services shall provide

16 the Commission with any necessary administrative

17 and support services. The employment of an execu18 tive director shall be subject to confirmation by the

19 Commission.

20 (2) COMPENSATION.—The Chairman of the

21 Commission may fix the compensation of the execu22 tive director and other personnel without regard to

23 the provisions of chapter 51 and subchapter III of

24 chapter 53 of title 5, United States Code, relating

25 to classification of positions and General Schedule
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1 pay rates, except that the rate of pay for the execu2 tive director and other personnel may not exceed the

3 rate payable for level V of the Executive Schedule

4 under section 5316 of such title.

5 (c) DETAIL OF GOVERNMENT EMPLOYEES.—Any

6 Federal Government employee may be detailed to the

7 Commission without reimbursement, and such detail shall

8 be without interruption or loss of civil service status or

9 privilege.

10 (d) PROCUREMENT OF TEMPORARY AND INTERMIT11 TENT SERVICES.—The Chairman of the Commission may

12 procure temporary and intermittent services under section

13 3109(b) of title 5, United States Code, at rates for individ14 uals which do not exceed the daily equivalent of the annual

15 rate of basic pay prescribed for level V of the Executive

16 Schedule under section 5316 of such title.

17 SEC. 6. TERMINATION OF THE COMMISSION.

18 The Commission shall terminate 30 days after the

19 date on which the Commission submits its report under

20 section 2(b).

21 SEC. 7. FUNDING FOR THE COMMISSION.

22 Any expenses of the Commission shall be paid from

23 such funds as may be otherwise available to the Secretary

24 of Health and Human Services.

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