(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, ris-
ing jury awards, decreased accessibility and affordability
of health care, and the increase in the number of physi-
cians moving, quitting or retiring from the practices in
the field of medicine. The Commission will make rec-
ommendations 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 insur-
ance.
(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 is 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
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-