[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3992 Introduced in House (IH)]







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 concerned

_______________________________________________________________________

                                 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 Representatives 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 commission 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 composed 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 
        political party.
            (2) Five members shall be appointed by the Majority Leader 
        of the Senate, in consultation with the Minority Leader of the 
        Senate, from among members of the Senate, private citizens of 
        the United States, or both. Not more than 3 of the members 
        selected 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 consultation 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 selected 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.--Members 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 appointment.
    (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 meeting.
    (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 number 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 medicare 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 integrity 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 Services, the President, 
                and the Congress regarding preserving the long-term 
                solvency of the Medicare 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 report to the 
President and the Congress not later than 12 months after the date of 
the first meeting of the Commission.
    (c) Congressional Consideration of Legislation.--
            (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 
                taking 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 submission 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 
                                referred 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 highly 
                                privileged.
                            (ii) Senate.--If legislation introduced 
                        under subparagraph (A) in the Senate 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 
                                referred 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 
                                privileged.
            (2) Vote on endorsing commission recommendations if no vote 
        on legislation within 3 months.--If legislation introduced 
        under paragraph (1)(A) is not considered and approved or 
        disapproved--
                    (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 legislative 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 department or agency such information as the 
Commission considers 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 information 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 federal government.--All 
        members of the Commission who are officers or employees of the 
        Federal Government shall serve without compensation in addition 
        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 subparagraph (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 employees 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 Commission 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 Secretary of Health and Human Services shall 
        provide the Commission with any necessary administrative and 
        support services. The employment of an executive director shall 
        be subject to confirmation by the Commission.
            (2) Compensation.--The Chairman of the Commission may fix 
        the compensation of the executive 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 executive director and 
        other personnel may not exceed the rate payable for level V of 
        the Executive Schedule under section 5316 of such title.
    (c) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Commission without reimbursement, and 
such detail shall be without interruption or loss of civil service 
status or privilege.
    (d) Procurement of Temporary and Intermittent Services.--The 
Chairman of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of such title.

SEC. 6. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 30 days after the date on which the 
Commission submits its report under section 2(b).

SEC. 7. FUNDING FOR THE COMMISSION.

    Any expenses of the Commission shall be paid from such funds as may 
be otherwise available to the Secretary of Health and Human Services.
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