(b) FACTORS CONSIDERED.—For purposes of sub-
section (a)(1), the Commission shall examine at least the 
following factors, with respect to emergency departments 
of hospitals: 
(1) Crowded conditions in such emergency de-
partments and the practice of boarding patients who 
require admission, or have already been admitted, to 
a hospital for extended periods in such departments 
and in the areas adjacent to such departments. 
(2) With respect to individuals who present at 
such emergency departments for the treatment of 
emergency medical conditions, any barriers that im-
pede access within a reasonable period of time to 
screening, stabilization services, and other appro-
priate consultations of physicians listed by the hos-
pital on its list of on-call physicians. 
(3) The potential legal and financial liability of 
health care professionals and providers with respect 
to services required to be furnished to patients 
under EMTALA, relating to the requirement of 
emergency departments to screen and appropriately 
treat or transfer individuals presenting themselves at 
the departments with emergency medical conditions 
and women in labor. 
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(c) CONSIDERATIONS
IN RECOMMENDATIONS.—In 
making recommendations under subsection (a)(2), the 
Commission shall consider the following: 
(1) Any changes in Federal law that would be 
necessary to promote the effective delivery of emer-
gency medical services. 
(2) The amount and sources of Federal funds 
to finance such changes. 
(3) The advantages and disadvantages of alter-
native approaches to protecting health care profes-
sionals and providers from legal and financial liabil-
ity with respect to services required to be furnished 
to individuals under EMTALA. 
(4) The most efficient and effective manner of 
coordinating State, local, and Federal programs for 
responding to disasters and emergencies, with re-
spect to the delivery of emergency medical services. 
(d) DEFINITIONS.—For purposes of this title: 
(1) HOSPITAL.—The term ‘‘hospital’’ means a 
hospital (as defined in subsection (e) of section 1861 
of the Social Security Act (42 U.S.C. 1395x)) and 
a critical access hospital (as defined in subsection 
(mm) of such section). 
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(2) EMTALA.—The term ‘‘EMTALA’’ means 
section 1867 of the Social Security Act (42 U.S.C. 
1395dd). 
SEC. 103. MEMBERSHIP. 
(a) APPOINTMENT.— 
(1) The Commission shall be composed of 24 
members, who shall be appointed not later than the 
date that is 60 days after the date of the enactment 
of this Act and in accordance with paragraph (2), as 
follows: 
(A) The President shall appoint 8 mem-
bers of the Commission. 
(B) The Speaker of the House of Rep-
resentatives, after consultation with the minor-
ity leader of the House of Representatives, shall 
appoint 8 members of the Commission. 
(C) The majority leader of the Senate, 
after consultation with the minority leader of 
the Senate, shall appoint 8 members of the 
Commission. 
(2) Of the members appointed under paragraph 
(1), the President, the Speaker of the House of Rep-
resentatives, and the majority leader of the Senate 
shall each appoint as members of the commission— 
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(A) two individuals who represent emer-
gency physicians, emergency nurses, and other 
health care professionals who provide emer-
gency medical services; 
(B) two individuals who are elected or ap-
pointed Federal, State, or local officials and 
who are involved in issues and programs related 
to the provision of emergency medical services; 
(C) two health care consumer advocates; 
and 
(D) two individuals who represent hos-
pitals and health systems that provide emer-
gency medical services. 
(b) CHAIRPERSON AND VICE CHAIRPERSON.—The 
Commission shall elect a chairperson and 4 vice chair-
persons from among its members. 
(c) TERMS.—Each member shall be appointed for the 
life of the Commission. 
(d) VACANCIES.—Any member appointed to fill a va-
cancy occurring before the expiration of the term for which 
the member’s predecessor was appointed shall be ap-
pointed only for the remainder of that term. A member 
may serve after the expiration of that member’s term until 
a successor has taken office. Any vacancy in the member-
ship of the Commission shall be filled in the manner in 
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