I
106TH CONGRESS
1ST SESSION
H. R. 2042
To establish a Commission on health policy for employer-sponsored health
plans.
IN THE HOUSE OF REPRESENTATIVES
JUNE 8, 1999
Mr. UPTON introduced the following bill; which was referred to the Committee
on Education and the Workforce
A BILL
To establish a Commission on health policy for employer-
sponsored health plans.
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 ‘‘Health Care Access,
Affordability, and Quality Advisory Commission Act of
1999’’.
SEC. 2. ESTABLISHMENT OF COMMISSION.
Part 5 of the Employee Retirement Income Security
Act of 1974 is amended by adding at the end the following
new section:
‘‘SEC. 518. HEALTH POLICY COMMISSION.
‘‘(a) ESTABLISHMENT.—There is hereby established
a commission to be known as the Health Care Access, Af-
fordability, and Quality Commission (hereinafter in this
Act referred to as the ‘‘Commission’’).
‘‘(b) DUTIES OF COMMISSION.—The duties of the
Commission shall be as follows:
‘‘(1) 
ESTABLISHMENT
OF
MODEL
GUIDE-
LINES.—Based on information gathered by appro-
priate Federal agencies, advisory groups, and other
appropriate sources for health care information,
studies, and data, the Commission shall establish
model guidelines in each of the following areas:
‘‘(A) Independent expert external review
programs.
‘‘(B) Consumer friendly information pro-
grams.
‘‘(C) Systems for measuring patient satis-
faction and patient outcomes.
‘‘(D) Systems to ensure the timely proc-
essing of claims.
‘‘(2) EVALUATION OF HEALTH BENEFITS MAN-
DATES.—At the request of the chairmen or ranking
minority members of the appropriate committees of
Congress, the Commission shall evaluate, taking into
consideration the overall cost effect, availability of
treatment, and the effect on the health of the gen-
eral population, existing and proposed benefit re-
quirements for group health plans.
‘‘(3) COMMENTS ON CERTAIN SECRETARIAL RE-
PORTS.—If the Secretary submits to Congress (or a
committee of Congress) a report that is required by
law and that relates to policies under this section,
the Secretary shall transmit a copy of the report to
the Commission. The Commission shall review the
report and, not later than 6 months after the date
of submittal of the Secretary’s report to Congress,
shall submit to the appropriate committees of Con-
gress written comments on such report. Such com-
ments may include such recommendations as the
Commission deems appropriate.
‘‘(4) AGENDA AND ADDITIONAL REVIEW.—The
Commission shall consult periodically with the chair-
men and ranking minority members of the appro-
priate committees of Congress regarding the Com-
mission’s agenda and progress toward achieving the
agenda. The Commission may conduct additional re-
views, and submit additional reports to the appro-
priate committees of Congress, from time to time on
such topics as may be requested by such chairmen
and members and as the Commission deems appro-
priate.
‘‘(5) AVAILABILITY
OF
REPORTS.—The Com-
mission shall transmit to the Secretary a copy of
each report submitted under this subsection and
shall make such reports available to the public.
‘‘(c) MEMBERSHIP.—
‘‘(1) NUMBER AND APPOINTMENT.—The Com-
mission shall be composed of 11 members appointed
by the Comptroller General.
‘‘(2) QUALIFICATIONS.—
‘‘(A) IN
GENERAL.—The membership of
the Commission shall include—
‘‘(i) physicians and other health pro-
fessionals;
‘‘(ii) representatives of employers, in-
cluding multiemployer plans;
‘‘(ii) representatives of insured em-
ployees;
‘‘(iv) third-party payers; and
‘‘(v) health services and health eco-
nomics researchers with expertise in out-
comes and effectiveness research and tech-
nology assessment.
‘‘(B) ETHICAL DISCLOSURE.—The Comp-
troller General shall establish a system for pub-
lic disclosure by members of the Commission of
financial and other potential conflicts of interest
relating to such members.
‘‘(3) TERMS.—
‘‘(A) IN GENERAL.—Each member shall be
appointed for a term of 3 years, except that the
Comptroller shall designate staggered terms for
the members first appointed.
‘‘(B) VACANCIES.—Any member appointed
to fill a vacancy occurring before the expiration
of the term for which the member’s predecessor
was appointed shall be appointed 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. A vacancy in the
Commission shall be filled in the manner in
which the original appointment was made.
‘‘(4) BASIC PAY.—
‘‘(A) RATES OF PAY.—Except as provided
in subparagraph (B), members shall each be
paid at a rate equal to the rate of basic pay
payable for level IV of the Executive Schedule
for each day (including travel time) during
which they are engaged in the actual perform-
ance of duties vested in the Commission.
‘‘(B) PROHIBITION OF COMPENSATION OF
FEDERAL EMPLOYEES.—Members of the Com-
mission who are full-time officers or employees
of the United States (or Members of Congress)
may not receive additional pay, allowances, or
benefits by reason of their service on the Com-
mission.
‘‘(5) TRAVEL EXPENSES.—Each member shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and
5703 of title 5, United States Code.
‘‘(6) CHAIRPERSON.—The Chairperson of the
Commission shall be designated by the Comptroller
at the time of the appointment. The term of office
of the Chairperson shall be 3 years.
‘‘(7) MEETINGS.—The Commission shall meet 4
times each year.
‘‘(d) DIRECTOR AND STAFF OF COMMISSION.—
‘‘(1) DIRECTOR.—The Commission shall have a
Director who shall be appointed by the Chairperson.
The Director shall be paid at a rate not to exceed
the maximum rate of basic pay payable for GS–13
of the General Schedule.
‘‘(2) STAFF.—The Director may appoint 2 ad-
ditional staff members.
‘‘(3) APPLICABILITY OF CERTAIN CIVIL SERV-
ICE LAWS.—The Director and staff of the Commis-
sion shall be appointed subject to the provisions of
title 5, United States Code, governing appointments
in the competitive service, and shall be paid in ac-
cordance with the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
‘‘(e) POWERS OF COMMISSION.—
‘‘(1) HEARINGS AND SESSIONS.—The Commis-
sion may, for the purpose of carrying out this Act,
hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission
considers appropriate. The Commission may admin-
ister oaths or affirmations to witnesses appearing
before it.
‘‘(2) POWERS OF MEMBERS AND AGENTS.—Any
member or agent of the Commission may, if author-
ized by the Commission, take any action which the
Commission is authorized to take by this section.
‘‘(3) OBTAINING
OFFICIAL
DATA.—The Com-
mission 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 of the Commission, the head of that
department or agency shall furnish that information
to the Commission.
‘‘(4) MAILS.—The Commission may use the
United States mails in the same manner and under
the same conditions as other departments and agen-
cies of the United States.
‘‘(5) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission, on a reimbursable basis, the administrative
support services necessary for the Commission to
carry out its responsibilities under this Act.
‘‘(6) CONTRACT AUTHORITY.—The Commission
may contract with and compensate government and
private agencies or persons for services, without re-
gard to section 3709 of the Revised Statutes (41
U.S.C. 5).
‘‘(f) REPORTS.—Beginning December 31, 2000, and
each year thereafter, the Commission shall submit to the
Congress an annual report detailing the following informa-
tion:
‘‘(1) Access to care, affordability to employers
and employees, and quality of care under employer-
sponsored health plans and recommendations for im-
proving such access, affordability, and quality.
‘‘(2) Any issues the Commission deems appro-
priate or any issues (such as the appropriateness
and availability of particular medical treatment) that
the chairmen or ranking members of the appropriate
committees of Congress requested the Commission
to evaluate.
‘‘(g) DEFINITION OF APPROPRIATE COMMITTEES OF
CONGRESS.—For purposes of this section the term ‘appro-
priate committees of Congress’ means any committee in
the Senate or House of Representatives having jurisdiction
over the Employee Retirement Income Security Act of
1974.
‘‘(h) TERMINATION.—Section 14(a)(2)(B) of the
Federal Advisory Committee Act (5 U.S.C. App.; relating
to the termination of advisory committees) shall not apply
to the Commission.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for fiscal years 2000
through 2004 such sums as may be necessary to carry
out this Act.’’.
SEC. 3. EFFECTIVE DATE.
This Act shall be effective 6 months after the date
of its enactment.
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