I 
109TH CONGRESS 
1ST SESSION H. R. 2400
To establish an Emergency Malpractice Liability Insurance Commission. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 17, 2005
Mr. DEFAZIO (for himself, Mrs. CHRISTENSEN, Mr. CROWLEY, Mr. HINCHEY, 
and Ms. HOOLEY) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To establish an Emergency Malpractice Liability Insurance 
Commission.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Emergency Malpractice Liability Insurance Commission 
(EMLIC) Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Establishment of Commission. 
Sec. 3. Duties of the Commission. 
Sec. 4. Final report; Congressional hearings. 
Sec. 5. Powers of Commission.
Sec. 6. Commission personnel matters. 
Sec. 7. Authorization of appropriations; GAO audit. 
Sec. 8. Termination of Commission.
SEC. 2. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as Emergency Malpractice Liability 
Insurance Commission (in this Act referred to as the 
‘‘Commission’’). 
(b) PURPOSE.—The Commission shall examine the 
causes of soaring medical malpractice premiums and pro-
pose a comprehensive strategy to alleviate the impact of 
the crisis in medical malpractice liability insurance. 
(c) MEMBERSHIP OF COMMISSION.—
(1) COMPOSITION.—The commission shall be 
composed of 12 members of whom—
(A) 4 shall be appointed by the President, 
1 of whom shall be appointed to represent phy-
sicians’ interests, 1 of whom shall be appointed 
to represent malpractice liability insurers, 1 of 
whom shall be appointed to represent lawyers’ 
interests, and 1 of whom shall be appointed to 
represent consumer protection interests; 
(B) 1 Senator and 1 other individual shall 
be appointed by the President pro tempore of 
the Senate upon the recommendation of the 
Majority Leader of the Senate;
(C) 1 Senator and 1 other individual shall 
be appointed by the President pro tempore of 
the Senate upon the recommendation of the Mi-
nority Leader of the Senate; 
(D) 1 Member of the House of Representa-
tives and 1 other individual shall be appointed 
by the Speaker of the House of Representatives; 
and 
(E) 1 Member of the House of Representa-
tives and 1 other individual shall be appointed 
by the Minority Leader of the House of Rep-
resentatives. 
(2) QUALIFICATIONS OF MEMBERS.—
(A) PRESIDENTIAL
APPOINTMENTS.—Of 
the individuals appointed under paragraph 
(1)(A), not more than 1 may be an officer, em-
ployee, or paid consultant of the Executive 
Branch. 
(B) OTHER
APPOINTMENTS.—Individuals 
who are not Members of Congress, appointed 
under subparagraph (B), (C), (D), or (E) of 
paragraph (1), shall be individuals who—
(i) have expertise in medicine, insur-
ance, law, consumers affairs, or have other 
pertinent qualifications or experience; and
(ii) are not officers or employees of 
the United States. 
(C) OTHER CONSIDERATIONS.—In appoint-
ing Commission members, every effort shall be 
made to ensure that the members—
(i) represent a broad cross section of 
regional and political perspectives in the 
United States; and 
(ii) provide fresh insights to analyzing 
the medical malpractice insurance crisis. 
(d) PERIOD OF APPOINTMENT; VACANCIES.—
(1) IN GENERAL.—Members shall be appointed 
not later than 60 days after the date of enactment 
of this Act and the appointment shall be for the life 
of the Commission. 
(2) VACANCIES.—Any vacancy in the Commis-
sion shall not affect its powers, but shall be filled in 
the same manner as the original appointment. 
(e) INITIAL MEETING.—Not later than 30 days after 
the date on which all members of the Commission have 
been appointed, the Commission shall hold its first meet-
ing. 
(f) MEETINGS.—The Commission shall meet at the 
call of the Chairperson.
(g) CHAIRPERSON AND VICE CHAIRPERSON.—The 
members of the Commission shall elect a chairperson and 
vice chairperson from among the members of the Commis-
sion. 
(h) QUORUM.—A majority of the members of the 
Commission shall constitute a quorum for the transaction 
of business. 
(i) VOTING.—Each member of the Commission shall 
be entitled to 1 vote. 
SEC. 3. DUTIES OF THE COMMISSION. 
(a) IN GENERAL.—The Commission shall investigate 
and determine whether a causal relationship exists be-
tween skyrocketing malpractice insurance premiums, jury 
awards, decreased accessibility and affordability of health 
care, and the increase in the number of physicians moving, 
quitting or retiring from the practices in the field of medi-
cine. The Commission will make recommendations based 
on a study of statistical trends and testimony that can 
be taken by Congress to alleviate the impact of the crisis 
in medical malpractice liability insurance. 
(b) SPECIFIC ISSUES
TO BE ADDRESSED.—The 
Commission shall examine and report to the President and 
the Congress on at least the following: 
(1) Nature and patterns of the medical mal-
practice insurance market.
(2) Similarities and differences of the medical 
malpractice insurance market to other lines of insur-
ance. 
(3) Impact of the McCarran-Ferguson Act on 
medical malpractice insurance market. 
(4) Federal role as it is and recommendations 
on how it should be with respect to medical mal-
practice. 
(5) Survey and assessment of the efficacy of 
State-level legislation in insurance, in general, and 
medical malpractice insurance, in particular. 
(6) Survey of insurer’s investments and strate-
gies and its role in premium rate setting for medical 
malpractice insurance. 
(7) Role of jury awards in premium rate setting 
for medical malpractice insurance. 
(8) Relationship of medical malpractice pre-
mium rates and overall medical practice costs. 
(9) The extent to which malpractice claims are 
widely dispersed across the medical community or 
concentrated among a handful of repeat offenders, 
and the effectiveness of state and professional regu-
latory bodies in disciplining poor performing doctors 
and medical professionals.
SEC. 4. FINAL REPORT; CONGRESSIONAL HEARINGS. 
(a) FINAL REPORT.—
(1) IN GENERAL.—Not later than 16 months 
after the date of enactment of this Act, the Commis-
sion shall submit to the President and Congress a 
final report which contains—
(A) the findings and conclusions of the 
Commission described in section 3; 
(B) a detailed plan for comprehensive 
strategy to combat the consequences of sky-
rocketing medical malpractice liability insurance 
rates; and 
(C) any recommendations for administra-
tive and legislative actions necessary to achieve 
such reductions. 
(2) SEPARATE
VIEWS.—Any member of the 
Commission may submit additional findings and rec-
ommendations as part of the final report. 
(b) CONGRESSIONAL HEARINGS.—Not later than 6 
months after the final report described in subsection (a) 
is submitted, the Committee on Energy and Commerce of 
the House of Representatives and the Committee on 
Health, Education, Labor and Pensions of the Senate 
shall hold hearings on the report.
SEC. 5. POWERS OF COMMISSION. 
(a) HEARINGS.—The Commission may hold such 
hearings, sit and act at such times and places, take such 
testimony, and receive such evidence as the Commission 
may find advisable to fulfill the requirements of this Act. 
The Commission shall hold at least 7 public hearings, 1 
or more in Washington, D.C. and 4 in different regions 
of the United States. 
(b) INFORMATION FROM FEDERAL AGENCIES.—The 
Commission may secure directly from any Federal depart-
ment or agency such information as the Commission con-
siders necessary to carry out the provisions of this Act. 
Upon request of the Chairperson of the Commission, the 
head of such department or agency shall furnish such in-
formation to the Commission. 
(c) POSTAL SERVICES.—The Commission may use 
the United States mails in the same manner and under 
the same conditions as other departments and agencies of 
the Federal Government. 
SEC. 6. COMMISSION PERSONNEL MATTERS. 
(a) COMPENSATION OF MEMBERS.—Each member of 
the Commission who is not an officer or employee of the 
Federal Government shall be compensated at a rate equal 
to the daily equivalent of the annual rate of basic pay pre-
scribed for level IV of the Executive Schedule under sec-
tion 5315 of title 5, United States Code, for each day (in-
cluding travel time) during which such member is engaged 
in the performance of the duties of the Commission. All 
members of the Commission who are officers or employees 
of the United States shall serve without compensation in 
addition to that received for their services as officers or 
employees of the United States. 
(b) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title 
5, United States Code, while away from their homes or 
regular places of business in the performance of services 
for the Commission. 
(c) STAFF.—
(1) IN
GENERAL.—The Chairperson of the 
Commission may, without regard to the civil service 
laws and regulations, appoint and terminate an exec-
utive director and such other additional personnel as 
may be necessary to enable the Commission to per-
form its duties. The employment of an executive di-
rector shall be subject to confirmation by the Com-
mission. 
(2) COMPENSATION.—The Chairperson of the 
Commission may fix the compensation of the execu-
tive director and other personnel without regard to
the provisions of chapter 51 and subchapter III of 
chapter 53 of title 5, United States Code, relating 
to classification of positions and General Schedule 
pay rates, except that the rate of pay for the execu-
tive director and other personnel may not exceed the 
rate payable for level V of the Executive Schedule 
under section 5316 of such title. 
(d) DETAIL
OF GOVERNMENT EMPLOYEES.—Any 
Federal Government employee may be detailed to the 
Commission without reimbursement, and such detail shall 
be without interruption or loss of civil service status or 
privilege. 
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The Chairperson of the Commission 
may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equivalent 
of the annual rate of basic pay prescribed for level V of 
the Executive Schedule under section 5316 of such title. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS; GAO AUDIT. 
(a) IN GENERAL.—There are authorized to be appro-
priated $2,000,000 to the Commission to carry out the 
provisions of this Act. 
(b) GAO AUDIT.—Not later than 6 months after ter-
mination of the Commission, the Comptroller General of
the United States shall complete an audit of the financial 
books and records of the Commission to determine that 
the limitation on expenses has been met, and shall submit 
a report on the audit to the President and Congress. 
SEC. 8. TERMINATION OF COMMISSION. 
The Commission shall cease to exist 30 days after 
the date on which the Commission submits the final report 
under section 4.
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