[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5434 Introduced in House (IH)]






107th CONGRESS
  2d Session
                                H. R. 5434

 To establish an Emergency Malpractice Liability Insurance Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2002

 Mr. DeFazio introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To establish an Emergency Malpractice Liability Insurance Commission.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Emergency 
Malpractice Liability Insurance Commission (EMLIC) Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Commission.
Sec. 3. Duties of the Commission.
Sec. 4. Final report; Congressional hearings.
Sec. 5. Powers of Commission.
Sec. 6. Commission personnel matters.
Sec. 7. Authorization of appropriations; GAO audit.
Sec. 8. Termination of Commission.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as Emergency Malpractice Liability Insurance Commission (in this Act 
referred to as the ``Commission'').
    (b) Purpose.--The Commission shall examine the causes of soaring 
medical malpractice premiums and propose a comprehensive strategy to 
combat the consequences.
    (c) Membership of Commission.--
            (1) Composition.--The commission shall be composed of 12 
        members of whom--
                    (A) 4 shall be appointed by the President, 1 of 
                whom shall be appointed to represent physicians' 
                interests, 1 of whom shall be appointed to represent 
                malpractice liability insurers, 1 of whom shall be 
                appointed to represent lawyers' interests, and 1 of 
                whom shall be appointed to represent consumer 
                protection interests;
                    (B) 1 Senator and 1 other individual shall be 
                appointed by the President pro tempore of the Senate 
                upon the recommendation of the Majority Leader of the 
                Senate;
                    (C) 1 Senator and 1 other individual shall be 
                appointed by the President pro tempore of the Senate 
                upon the recommendation of the Minority Leader of the 
                Senate;
                    (D) 1 Member of the House of Representatives and 1 
                other individual shall be appointed by the Speaker of 
                the House of Representatives; and
                    (E) 1 Member of the House of Representatives and 1 
                other individual shall be appointed by the Minority 
                Leader of the House of Representatives.
            (2) Qualifications of members.--
                    (A) Presidential appointments.--Of the individuals 
                appointed under paragraph (1)(A), not more than 1 may 
                be an officer, employee, or paid consultant of the 
                Executive Branch.
                    (B) Other appointments.--Individuals who are not 
                Members of Congress, appointed under subparagraph (B), 
                (C), (D), or (E) of paragraph (1), shall be individuals 
                who--
                            (i) have expertise in medicine, insurance, 
                        law, consumers affairs, or have other pertinent 
                        qualifications or experience; and
                            (ii) are not officers or employees of the 
                        United States.
                    (C) Other considerations.--In appointing Commission 
                members, every effort shall be made to ensure that the 
                members--
                            (i) represent a broad cross section of 
                        regional and political perspectives in the 
                        United States; and
                            (ii) provide fresh insights to analyzing 
                        the medical malpractice insurance crisis
    (d) Period of Appointment; Vacancies.--
            (1) In general.--Members shall be appointed not later than 
        60 days after the date of enactment of this Act and the 
        appointment shall be for the life of the Commission.
            (2) Vacancies.--Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner as 
        the original appointment.
    (e) Initial Meeting.--Not later than 30 days after the date on 
which all members of the Commission have been appointed, the Commission 
shall hold its first meeting.
    (f) Meetings.--The Commission shall meet at the call of the 
Chairperson.
    (g) Chairperson and Vice Chairperson.--The members of the 
Commission shall elect a chairperson and vice chairperson from among 
the members of the Commission.
    (h) Quorum.--A majority of the members of the Commission shall 
constitute a quorum for the transaction of business.
    (i) Voting.--Each member of the Commission shall be entitled to 1 
vote.

SEC. 3. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall investigate and determine 
whether a causal relationship exists between skyrocketing malpractice 
insurance premiums, rising jury awards, decreased accessibility and 
affordability of health care, and the increase in the number of 
physicians moving, quitting or retiring from the practices in the field 
of medicine. The Commission will make recommendations based on a study 
of statistical trends and testimony that can be taken by Congress to 
alleviate the impact of the crisis in medical malpractice liability 
insurance.
    (b) Specific Issues To Be Addressed.--The Commission shall examine 
and report to the President and the Congress on at least the following:
            (1) Nature and patterns of the medical malpractice 
        insurance market.
            (2) Similarities and differences of the medical malpractice 
        insurance market to other lines of insurance.
            (3) Impact of the McCarran-Ferguson Act on medical 
        malpractice insurance market.
            (4) Federal role as it is and recommendations on how it 
        should be with respect to medical malpractice.
            (5) Survey and assessment of the efficacy of State-level 
        legislation in insurance, in general, and medical malpractice 
        insurance, in particular.
            (6) Survey of insurer's investments and strategies and its 
        role is premium rate setting for medical malpractice insurance.
            (7) Role of jury awards in premium rate setting for medical 
        malpractice insurance.
            (8) Relationship of medical malpractice premium rates and 
        overall medical practice costs

SEC. 4. FINAL REPORT; CONGRESSIONAL HEARINGS.

    (a) Final Report.--
            (1) In general.--Not later than 16 months after the date of 
        enactment of this Act, the Commission shall submit to the 
        President and Congress a final report which contains--
                    (A) the findings and conclusions of the Commission 
                described in section 3;
                    (B) a detailed plan for comprehensive strategy to 
                combat the consequences of skyrocketing medical 
                malpractice liability insurance rates; and
                    (C) any recommendations for administrative and 
                legislative actions necessary to achieve such 
                reductions.
            (2) Separate views.--Any member of the Commission may 
        submit additional findings and recommendations as part of the 
        final report.
    (b) Congressional Hearings.--Not later than 6 months after the 
final report described in subsection (a) is submitted, the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Health, Education, Labor and Pensions of the Senate shall hold 
hearings on the report.

SEC. 5. POWERS OF 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 may find advisable to fulfill the 
requirements of this Act. The Commission shall hold at least 7 public 
hearings, 1 or more in Washington, D.C. and 4 in different regions of 
the United States.
    (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 Chairperson 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. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as 
officers or employees of the United States.
    (b) Travel Expenses.--The members of the Commission 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.
    (c) Staff.--
            (1) In general.--The Chairperson 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. The employment of an 
        executive director shall be subject to confirmation by the 
        Commission.
            (2) Compensation.--The Chairperson 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.
    (d) 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.
    (e) Procurement of Temporary and Intermittent Services.--The 
Chairperson 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. 7. AUTHORIZATION OF APPROPRIATIONS; GAO AUDIT.

    (a) In General.--There are authorized to be appropriated $2,000,000 
to the Commission to carry out the provisions of this Act.
    (b) GAO Audit.--Not later than 6 months after termination of the 
Commission, the Comptroller General of the United States shall complete 
an audit of the financial books and records of the Commission to 
determine that the limitation on expenses has been met, and shall 
submit a report on the audit to the President and Congress.

SEC. 8. TERMINATION OF COMMISSION.

     The Commission shall cease to exist 30 days after the date on 
which the Commission submits the final report under section 4.
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