I 

112TH CONGRESS 

1ST SESSION H. R. 3095 

To freeze the implementation of the health reform law, to establish a commission to evaluate its impact on the delivery of health care to current 

Medicare recipients, job creation, current health insurance coverage, participation in State exchanges, and the Federal deficit, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 5, 2011 

Mr. SAM JOHNSON of Texas introduced the following bill; which was referred 

to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and the Workforce, Natural Resources, the Judiciary, House Administration, Appropriations, 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 freeze the implementation of the health reform law, to 

establish a commission to evaluate its impact on the 

delivery of health care to current Medicare recipients, 

job creation, current health insurance coverage, participation in State exchanges, and the Federal deficit, and 

for other purposes. 

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


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 3095 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Freeze and Investigate 

3 Affordable Care Act of 2011’’. 

4 SEC. 2. FREEZE ON IMPLEMENTATION OF HEALTH REFORM 

5 LAW. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, the provisions of the health reform law that 

8 are not in effect on the date of the enactment of this Act 

9 shall not take effect. 

10 (b) REGULATIONS UNDER HEALTH REFORM LAW.— 

11 Notwithstanding any other provision of law, the Federal 

12 Government shall not promulgate or enforce regulations 

13 under the provisions of the health reform law that are not 

14 in effect on the date of enactment of this Act, or otherwise 

15 prepare to implement such provisions. 

16 SEC. 3. ESTABLISHMENT OF COMMISSION. 

17 There is established in the legislative branch a com18 mission to be known as the Affordable Care Evaluation 

19 Commission (in this Act referred to as the ‘‘Commis20 sion’’). 

21 SEC. 4. DUTIES OF THE COMMISSION; INVESTIGATIVE RE22 PORT. 

23 The duties of the Commission shall be— 

24 (1) to prepare and, not later than 270 days 

25 after the date of the enactment of this Act, to subVerDate Mar 15 2010 00:45 Oct 06, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3095.IH H3095

smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 3095 IH

1 mit to the President and Congress a report that con2 tains— 

3 (A) a projection of the impact that the im4 plementation of the provisions of the health re5 form law that are not in effect on the date of 

6 the enactment of this Act would have on— 

7 (i) the quality of health care delivered 

8 to individuals who are Medicare recipients 

9 on the date of the enactment of this Act; 

10 (ii) health insurance coverage of indi11 viduals who are insured on such date; 

12 (iii) participation in State exchanges 

13 and the effect on the Federal deficit; and 

14 (iv) job creation and the size of the 

15 tax base; 

16 (B) an evaluation of the findings, conclu17 sions, and recommendations developed by all 

18 other relevant governmental agencies regarding 

19 the facts and circumstances surrounding such 

20 implementation; and 

21 (C) a recommendation of corrective meas22 ures to mitigate any negative impact of such 

23 implementation; and 

24 (2) to make available to the public the report 

25 submitted under paragraph (1). 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•HR 3095 IH

1 SEC. 5. MEMBERS OF COMMISSION. 

2 (a) COMPOSITION.—The Commission shall be com3 posed of 10 members, of whom— 

4 (1) 1 member shall be appointed by the Presi5 dent, who shall serve as chair of the Commission; 

6 (2) 1 member shall be appointed by the Speak7 er of the House, who shall serve as vice chair of the 

8 Commission; 

9 (3) 2 members shall be appointed by the major10 ity leader of the Senate; 

11 (4) 2 members shall be appointed by the minor12 ity leader of the Senate; 

13 (5) 2 members shall be appointed by the major14 ity leader of the House of Representatives; and 

15 (6) 2 members shall be appointed by the minor16 ity leader of the House of Representatives. 

17 (b) DEADLINE FOR APPOINTMENT.—All members of 

18 the Commission shall be appointed before the end of the 

19 30-day period beginning on the date of the enactment of 

20 this Act. 

21 (c) QUALIFICATIONS.— 

22 (1) POLITICAL PARTY AFFILIATION.—Not more 

23 than 5 members of the Commission shall be from 

24 the same political party. 

25 (2) NONGOVERNMENTAL APPOINTEES.—An in26 dividual appointed to the Commission may not be an 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•HR 3095 IH

1 officer or employee of the Federal Government or 

2 any State or local government. 

3 (3) OTHER QUALIFICATIONS.—Individuals ap4 pointed to the Commission shall be prominent citi5 zens, with national recognition and significant depth 

6 of experience in such professions as government 

7 service, financial services, economics, law, public ad8 ministration, commerce, and the United States 

9 healthcare system. 

10 SEC. 6. OPERATION OF COMMISSION. 

11 (a) INITIAL MEETING.—The Commission shall meet 

12 and begin the operations of the Commission as soon as 

13 practicable. 

14 (b) PUBLIC MEETINGS.—Meetings of the Commis15 sion shall be held in public to the extent practicable. 

16 (c) QUORUM; VACANCIES.—After its initial meeting, 

17 the Commission shall meet upon the call of the chair, the 

18 vice chair, or a majority of its members. Six members of 

19 the Commission shall constitute a quorum. Any vacancy 

20 in the Commission shall not affect its powers, but shall 

21 be filled in the same manner in which the original appoint22 ment was made. 

23 SEC. 7. COMPENSATION OF MEMBERS. 

24 (a) COMPENSATION.—Each member of the Commis25 sion shall be paid at a rate not to exceed the daily equivaVerDate Mar 15 2010 00:45 Oct 06, 2011 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3095.IH H3095

smartinez on DSK6TPTVN1PROD with BILLS
6 

•HR 3095 IH

1 lent of the annual rate of basic pay for level IV of the 

2 Executive Schedule under section 5315 of title 5, United 

3 States Code, for each day during which that member is 

4 engaged in the actual performance of duties vested in the 

5 Commission. 

6 (b) TRAVEL EXPENSES.—Each member shall receive 

7 travel expenses, including per diem in lieu of subsistence, 

8 in accordance with applicable provisions under subchapter 

9 I of chapter 57 of title 5, United States Code. 

10 (c) MEMBERS NOT TREATED AS FEDERAL EMPLOY11 EES.—The Members of the Commission shall not be con12 sidered employees under section 2105 of title 5, United 

13 States Code. 

14 SEC. 8. DIRECTOR AND STAFF OF COMMISSION. 

15 (a) APPOINTMENT AND COMPENSATION.—The chair 

16 of the Commission, in consultation with the vice chair of 

17 the Commission, in accordance with rules agreed upon by 

18 the Commission, may appoint and fix the pay of a director 

19 and such other personnel as may be necessary to enable 

20 the Commission to carry out its functions, without regard 

21 to the provisions of title 5, United States Code, governing 

22 appointments in the competitive service, and without re23 gard to the provisions of chapter 51 and subchapter III 

24 of chapter 53 of such title relating to classification and 

25 General Schedule pay rates, except that no rate of pay 


smartinez on DSK6TPTVN1PROD with BILLS
7 

•HR 3095 IH

1 fixed under this subsection may exceed the annual rate 

2 of basic pay for level V of the Executive Schedule under 

3 section 5316 of title 5, United States Code. 

4 (b) DETAILEES.—Upon request of the Commission, 

5 the head of a Federal department or agency may detail, 

6 without reimbursement from the Commission, any of the 

7 personnel of that department or agency to the Commission 

8 to assist it in carrying out its duties under this Act. 

9 (c) CONSULTANT SERVICES.—The Commission may 

10 procure the services of experts and consultants in accord11 ance with section 3109(b) of title 5, United States Code, 

12 but at rates for individuals not to exceed the daily equiva13 lent of the annual rate of basic pay for level IV of the 

14 Executive Schedule under section 5315 of title 5, United 

15 States Code. 

16 SEC. 9. POWERS OF COMMISSION. 

17 (a) HEARINGS AND EVIDENCE.—The Commission 

18 may, for the purpose of carrying out this Act, hold hear19 ings, sit and act at times and places, take testimony, and 

20 receive evidence as the Commission considers appropriate. 

21 The Commission may administer oaths or affirmations to 

22 witnesses appearing before it. 

23 (b) INFORMATION FROM FEDERAL AGENCIES.—The 

24 Commission may secure directly from any Federal depart25 ment or agency information necessary to enable it to carry 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•HR 3095 IH

1 out this Act. Upon the request of the chair or a majority 

2 of the Commission, the head of that department or agency 

3 shall furnish such information to the Commission. 

4 (c) SUBPOENAS.— 

5 (1) IN GENERAL.—The Commission may issue 

6 subpoenas requiring the attendance and testimony of 

7 witnesses and the production of any evidence relat8 ing to any matter under investigation by the Com9 mission only— 

10 (A) by the agreement of the chair and the 

11 vice chair; or 

12 (B) by the affirmative vote of 6 members 

13 of the Commission. 

14 (2) SERVICE OF SUBPOENAS.—Subpoenas of 

15 the Commission may be served by any person des16 ignated by the chair or by a majority of the Com17 mission. 

18 (3) ENFORCEMENT.— 

19 (A) IN GENERAL.—If a person refuses to 

20 obey a subpoena issued under paragraph (1), 

21 the Commission may apply to a United States 

22 district court for an order requiring such person 

23 to appear before the Commission to give testi24 mony, produce evidence, or both, relating to the 

25 matter under investigation. Any failure to obey 


smartinez on DSK6TPTVN1PROD with BILLS
9 

•HR 3095 IH

1 the order of the court may be punished by the 

2 court as civil contempt. 

3 (B) ADDITIONAL ENFORCEMENT.—If a 

4 person refuses to obey a subpoena issued under 

5 paragraph (1), the Commission may, by major6 ity vote, certify a statement of fact constituting 

7 such failure to the appropriate United States 

8 attorney, who may bring the matter before the 

9 grand jury for its action, under the same statu10 tory authority and procedures as if the United 

11 States attorney had received a certification 

12 under sections 102 through 104 of the Revised 

13 Statutes of the United States (2 U.S.C. 192 

14 through 194). 

15 (d) CONTRACTING.—To the extent or in the amounts 

16 provided in advance in appropriation Acts, the Commis17 sion may enter into contracts to enable the Commission 

18 to carry out its duties under this Act. 

19 (e) ADMINISTRATIVE SUPPORT SERVICES.—Upon 

20 the request of the Commission, the Administrator of Gen21 eral Services shall provide to the Commission, on a reim22 bursable basis, the administrative support services nec23 essary for the Commission to carry out its duties under 

24 this Act. 


smartinez on DSK6TPTVN1PROD with BILLS
10 

•HR 3095 IH

1 (f) GIFTS.—To the extent or in the amounts provided 

2 in advance in appropriations Acts, the Commission may 

3 accept, use, and dispose of gifts or donations of services 

4 or property. 

5 (g) POSTAL SERVICES.—The Commission may use 

6 the United States mails in the same manner and under 

7 the same conditions as other departments and agencies of 

8 the United States. 

9 SEC. 10. NONAPPLICABILITY OF FEDERAL ADVISORY COM10 MITTEE ACT. 

11 The Federal Advisory Committee Act (5 U.S.C. App.) 

12 shall not apply with respect to the Commission. 

13 SEC. 11. TERMINATION. 

14 The Commission shall terminate not later than 30 

15 days after the report is submitted under section 4. 

16 SEC. 12. DEFINITIONS. 

17 In this Act: 

18 (1) The term ‘‘health reform law’’ means the 

19 Patient Protection and Affordable Care Act (Public 

20 Law 111–148) and the health care-related provisions 

21 of the Health Care and Education Reconciliation Act 

22 of 2010 (Public Law 111–152), including the 

23 amendments made by such provisions. 

24 (2) The term ‘‘health care-related provisions’’ 

25 means, with respect to the Health Care and EduVerDate Mar 15 2010 00:45 Oct 06, 2011 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3095.IH H3095

smartinez on DSK6TPTVN1PROD with BILLS
11 

•HR 3095 IH

1 cation Reconciliation Act of 2010, title I and subtitle 

2 B of title II of such Act. 

3 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as may be necessary to carry out the activities of the Com6 mission under this Act, to remain available until the termi7 nation of the Commission. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS