I
107TH CONGRESS
1ST SESSION
H. R. 2642
To establish a National Commission on Farmworkers and Federal Health
Coverage to study the problems of farmworkers under the Medicaid
Program and the State children’s health insurance program (SCHIP).
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 2001
Mr. UPTON (for himself and Mr. STUPAK) introduced the following bill; which
was referred to the Committee on Energy and Commerce
A BILL
To establish a National Commission on Farmworkers and
Federal Health Coverage to study the problems of farm-
workers under the Medicaid Program and the State chil-
dren’s health insurance program (SCHIP).
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 ‘‘National Commission
on Farmworkers and Federal Health Coverage Act of
2001’’.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the
National Commission on Farmworkers and Federal
Health Coverage (in this Act referred to as the ‘‘Commis-
sion’’).
SEC. 3. DUTIES OF COMMISSION.
(a) IN GENERAL.—The Commission shall examine
problems experienced by farmworkers (including their
families) under medicaid and SCHIP. Specifically, the
Commission shall examine the following:
(1) BARRIERS TO ENROLLMENT.—Barriers to
their enrollment, including a lack of outreach and
outstationed eligibility workers, complicated applica-
tions and eligibility determination procedures, and
linguistic and cultural barriers.
(2) LACK OF PORTABILITY.—The lack of port-
ability of medicaid and SCHIP coverage for farm-
workers who are determined eligible in one State but
who move to other States on a seasonal or other
periodic basis.
(3) POSSIBLE SOLUTIONS.—The development of
possible solutions to increase enrollment and access
to benefits for farmworkers, because, in part, of the
problems identified in paragraphs (1) and (2), and
the associated costs of each of the possible solution
described in subsection (b).
(b) POSSIBLE SOLUTIONS.—Possible solutions to be
examined shall include each of the following:
(1) INTERSTATE COMPACTS.—The use of inter-
state compacts among States that establish port-
ability and reciprocity for eligibility for farmworkers
under the medicaid and SCHIP and potential finan-
cial incentives for States to enter into such com-
pacts.
(2) DEMONSTRATION PROJECTS.—The use of
multi-state demonstration waiver projects under sec-
tion 1115 of the Social Security Act (42 U.S.C.
1315) to develop comprehensive migrant coverage
demonstration projects.
(3) USE OF CURRENT LAW FLEXIBILITY.—Use
of current law medicaid and SCHIP State plan pro-
visions relating to coverage of residents and out-of-
State coverage.
(4) NATIONAL MIGRANT FAMILY COVERAGE.—
The development of programs of national migrant
family coverage in which States could participate.
(5) PUBLIC-PRIVATE PARTNERSHIPS.—The pro-
vision of incentives for development of public-private
partnerships to develop private coverage alternatives
for farmworkers.
(6) OTHER POSSIBLE SOLUTIONS.—Such other
solutions as the Commission deems appropriate.
(c) DEFINITIONS.—For purposes of this Act:
(1) FARMWORKER.—The term ‘‘farmworker’’
means a migratory agricultural worker or seasonal
agricultural worker, as such terms are defined in
section 330(g)(3) of the Public Health Service Act
(42 U.S.C. 254c(g)(3)), and includes a family mem-
ber of such a worker.
(2) MEDICAID.—The term ‘‘medicaid’’ means
the program under title XIX of the Social Security
Act.
(3) SCHIP.—The term ‘‘SCHIP’’ means the
State children’s health insurance program under
title XXI of the Social Security Act.
(4) SECRETARY.—The term ‘‘Secretary’’ means
Secretary of Health and Human Services.
SEC. 4. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 15 members appointed by the Sec-
retary of Health and Human Services from among the fol-
lowing:
(1) Farmworkers affected by the lack of port-
ability of coverage under the medicaid program or
the State children’s health insurance program
(under titles XIX and XXI of the Social Security
Act).
(2) Representatives with expertise in providing
health care to farmworkers, including designees of
national and local organizations representing mi-
grant health centers and other providers.
(3) Researchers with expertise in health care fi-
nancing.
(4) Representatives of foundations and other
nonprofit entities that have conducted or supported
research on farmworker health care financial issues.
(5) Representatives of Federal agencies which
are involved in the provision or financing of health
care to farmworkers, including the Health Care Fi-
nancing Administration and the Health Research
and Services Administration.
(6) Representatives of State governments.
(7) Representatives from the farm and agricul-
tural industries.
(8) Designees of labor organizations rep-
resenting farmworkers.
(b) TERMS.—Each member shall be appointed for the
life of the Commission.
(c) CHAIRPERSON.—The Chairperson of the Commis-
sion shall be designated by the Secretary of Health and
Human Services at the time of the appointment of mem-
bers.
(d) MEETINGS.—The Commission shall meet at the
call of the Chairperson or a majority of its members.
(e) QUORUM.—A majority of the members of the
Commission shall constitute a quorum but a lesser number
may hold hearings.
(f) COMPENSATION AND EXPENSES.—
(1) COMPENSATION.—Members of the Commis-
sion shall receive no additional pay, allowances, or
benefits by reason of their service on the Commis-
sion, except that, to the extent or in the amounts
provided in advance in appropriation Acts, farm-
worker members described in subsection (a)(1) shall
be entitled to receive reasonable compensation for
lost wages for days (including travel time) during
which they are engaged in the actual performance of
duties vested in the Commission. In no case shall
such reasonable compensation exceed the daily
equivalent of the annual rate of basic pay for grade
GS–15 of the General Schedule.
(2) TRAVEL EXPENSES.—Each member of the
Commission shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter
57 of title 5, United States Code.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS
AND CONSULTANTS.
(a) DIRECTOR.—The Commission shall have a Direc-
tor who shall be appointed by the Commission. To the ex-
tent or in the amounts provided in advance in appropria-
tion Acts, the Commission shall establish the rate of pay
for the Director, which shall not exceed the rate of basic
pay for GS–15 of the General Schedule.
(b) STAFF.—With the approval of the Commission,
the Director may appoint and fix the pay of such addi-
tional personnel as the Director considers appropriate.
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The Director and staff of the Commission may
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the com-
petitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53
of that title relating to classification and General Schedule
pay rates, except that an individual so appointed may not
receive pay in excess of the annual rate of basic pay for
level GS–15 of the General Schedule.
(d) EXPERTS
AND CONSULTANTS.—With the ap-
proval of the Commission, Director may procure tem-
porary and intermittent services under section 3109(b) of
title 5, United States Code.
(e) STAFF OF FEDERAL AGENCIES.—Upon request
of the Commission, the head of any Federal department
or agency may detail, on a reimbursable basis, any of the
personnel of that department or agency to the Commission
to assist it in carrying out its duties under this Act. Any
such detail shall not interrupt or otherwise affect the civil
service status or privileges of the Federal employee.
SEC. 6. POWERS OF COMMISSION.
(a) HEARINGS
AND SESSIONS.—The Commission
may, for the purpose of carrying out this Act, hold hear-
ings, sit and act at times and places, take testimony, and
receive evidence as the Commission considers appropriate.
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is au-
thorized to take by this section.
(c) OBTAINING OFFICIAL DATA.—The Commission
may secure directly from any department or agency of the
United States information necessary to enable it to carry
out this Act. Upon request of the Chairperson, the head
of that department or agency shall furnish that informa-
tion to the Commission.
(d) GIFTS, BEQUESTS, AND DEVISES.—To the extent
or in the amounts provided in advance in appropriation
Acts, the Commission may accept, use, and dispose of
gifts, bequests, or devises of services or property, both real
and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of
money and proceeds from sales of other property received
as gifts, bequests, or devises shall be deposited in the
Treasury and shall be available for disbursement upon
order of the Chairperson.
(e) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
(f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
request of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimburs-
able basis, the administrative support services necessary
for the Commission to carry out its responsibilities under
this Act.
SEC. 7. REPORT.
Not later than 18 months after the date of the enact-
ment of this Act, the Commission shall transmit a report
to the President, the Secretary of Health and Human
Services, and the Congress on the study conducted under
this Act. The report shall contain a detailed statement of
the findings and conclusions of the Commission, together
with its recommendations for such legislation and admin-
istrative actions as the Commission considers appropriate.
SEC. 8. TERMINATION.
The Commission shall terminate 30 days after the
date of submission of the report under section 7.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
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