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 con-
cerned
A BILL
To establish the National Commission on the Long-Term
Solvency of the Medicare Program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Medicare Commission
Act of 1996’’.
SEC. 2. ESTABLISHMENT.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the National Commission on the
Long-Term Solvency of the Medicare Program (in this Act
referred to as the ‘‘Commission’’).
(b) MEMBERSHIP.—The Commission shall be com-
posed of 15 members appointed as follows:
(1) Five members shall be appointed by the
President from among officers or employees of the
executive branch, private citizens of the United
States, or both. Not more than 3 members selected
by the President shall be members of the same polit-
ical party.
(2) Five members shall be appointed by the Ma-
jority Leader of the Senate, in consultation with the
Minority Leader of the Senate, from among mem-
bers of the Senate, private citizens of the United
States, or both. Not more than 3 of the members se-
lected by the Majority Leader shall be members of
the same political party and not more than 2 of such
members may be members of Congress.
(3) Five members shall be appointed by the
Speaker of the House of Representatives, in con-
sultation with the Minority Leader of the House of
Representatives, from among members of the House
of Representatives, private citizens of the United
States, or both. Not more than 3 of the members se-
lected by the Speaker shall be members of the same
political party and not more than 2 of such members
may be members of Congress.
(4) DATE.—The appointments of the members
of the Commission shall be made no later than 3
months after the date of the enactment of this Act.
(c) PERIOD OF APPOINTMENT; VACANCIES.—Mem-
bers shall be appointed for the life of the Commission. Any
vacancy in the Commission shall not affect its powers, but
shall be filled in the same manner as the original appoint-
ment.
(d) INITIAL MEETING.—No 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.
(e) MEETINGS.—The Commission shall meet at the
call of the Chairman.
(f) QUORUM.—A majority of the members of the
Commission shall constitute a quorum, but a lesser num-
ber of members may hold hearings.
(g) CHAIRMAN.—The Commission shall select a
Chairman from among its members.
SEC. 3. DUTIES OF THE COMMISSION.
(a) ANALYSES AND RECOMMENDATIONS.—
(1) IN GENERAL.—The Commission shall—
(A) review relevant analyses of the current
and long-term financial condition of the medi-
care trust funds;
(B) identify problems that may threaten
the long-term solvency of such trust funds;
(C) analyze potential solutions to such
problems that will both assure the financial in-
tegrity of the Medicare Program under title
XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) and the provision of appropriate
health benefits; and
(D) provide appropriate recommendations
to the Secretary of Health and Human Serv-
ices, the President, and the Congress regarding
preserving the long-term solvency of the Medi-
care trust funds.
(2) 
DEFINITION
OF
MEDICARE
TRUST
FUNDS.—For purposes of this subsection, the term
‘‘Medicare trust funds’’ means the Federal Hospital
Insurance Trust Fund established under section
1817 of the Social Security Act (42 U.S.C. 1395i)
and the Federal Supplementary Medical Insurance
Trust Fund established under section 1841 of such
Act (42 U.S.C. 1395t).
(b) REPORT.—The Commission shall submit its re-
port to the President and the Congress not later than 12
months after the date of the first meeting of the Commis-
sion.
(c) CONGRESSIONAL CONSIDERATION OF LEGISLA-
TION.—
(1) DEVELOPMENT
AND
CONSIDERATION
OF
LEGISLATION.—
(A) INTRODUCTION
OF
LEGISLATION.—
The Majority Leader of the Senate and the
Speaker of the House of Representatives, in
consultation with the Minority Leaders of the
Senate and House of Representatives and tak-
ing into consideration the recommendations
contained in such report, shall provide for the
development, drafting, and introduction, by not
later than 3 months after the date of submis-
sion of the report, of legislation in the Senate
and House of Representatives that provides for
the long-term solvency of the Medicare trust
funds.
(B) PRIVILEGED CONSIDERATION IF NOT
VOTED UPON WITHIN 3 MONTHS.—
(i) HOUSE OF REPRESENTATIVES.—If
legislation introduced under subparagraph
(A) in the House of Representatives is not
voted upon in the House by not later than
3 months after the date of its introduction
in the House—
(I) any committee in the House
to which such legislation has been re-
ferred shall be treated as having been
discharged from consideration, and
(II) a motion to proceed to the
consideration of any such legislation
in the House shall be treated as high-
ly privileged.
(ii) SENATE.—If legislation intro-
duced under subparagraph (A) in the Sen-
ate is not voted upon in the Senate by not
later than 3 months after the date of its
introduction in the Senate—
(I) any committee in the Senate
to which such legislation has been re-
ferred shall be treated as having been
discharged from consideration, and
(II) a motion to proceed to the
consideration of any such legislation
in the Senate shall be treated as privi-
leged.
(2) VOTE
ON
ENDORSING
COMMISSION
REC-
OMMENDATIONS IF NO VOTE ON LEGISLATION WITH-
IN 3 MONTHS.—If legislation introduced under para-
graph (1)(A) is not considered and approved or dis-
approved—
(A) in the Senate within 3 months after
the date of its introduction in the Senate, it
shall be privileged in the Senate, or
(B) in the House of Representatives within
3 months after the date of its introduction in
the House, it shall be highly privileged in the
House of Representatives,
to move to consider a joint resolution the substance
of which endorses the recommendations contained in
the report under subsection (b) and provides legisla-
tive authority to carryout such recommendations.
SEC. 4. POWERS OF THE 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
considers advisable to carry out the purposes of this Act.
(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 Chairman 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. 5. COMMISSION PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—
(1) OFFICERS AND EMPLOYEES OF THE FED-
ERAL GOVERNMENT.—All members of the Commis-
sion who are officers or employees of the Federal
Government shall serve without compensation in ad-
dition to that received for their services as officers
or employees of the United States.
(2) 
PRIVATE
CITIZENS
OF
THE
UNITED
STATES.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), all members of the Commission who
are not officers or employees of the Federal
Government shall serve without compensation
for their work on the Commission.
(B) TRAVEL EXPENSES.—The members of
the Commission who are not officers or employ-
ees of the Federal Government shall be allowed
travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees
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, to
the extent funds are available therefore.
(b) STAFF.—
(1) IN GENERAL.—The Chairman of the Com-
mission may, without regard to the civil service laws
and regulations, appoint and terminate an executive
director and such other additional personnel as may
be necessary to enable the Commission to perform
its duties. At the request of the Chairman, the Sec-
retary of Health and Human Services shall provide
the Commission with any necessary administrative
and support services. The employment of an execu-
tive director shall be subject to confirmation by the
Commission.
(2) COMPENSATION.—The Chairman 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