[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2007 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2007

 To examine the circumstances contributing to the problems facing the 
   health care system of the United States and to develop public and 
private policies as appropriate to address rising health care costs and 
                   the number of uninsured Americans.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 14, 2005

Mr. Salazar (for himself and Mr. McCain) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To examine the circumstances contributing to the problems facing the 
   health care system of the United States and to develop public and 
private policies as appropriate to address rising health care costs and 
                   the number of uninsured Americans.

    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 ``National Commission on Health Care 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Americans are expected to spend $1,900,000,000,000 on 
        health care in 2005, up from $1,400,000,000,000 in 2001.
            (2) While 174,000,000 Americans were covered by employer-
        sponsored health insurance in 2004, rising health care costs to 
        both employers and employees jeopardize the ability of 
        employers and employees to maintain needed coverage.
            (3) One in every 6 people in the United States, or 
        approximately 46,000,000 people lacked health insurance in 
        2004, and the number of uninsured individuals is expected to 
        grow.
            (4) The medicare program under title XVIII of the Social 
        Security Act (42 U.S.C. 1395 et seq.) provided health insurance 
        to 41,700,000 elderly and disabled Americans in 2004, while the 
        medicaid program under title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.) provided health care for 55,000,000 low-
        income children and their parents, pregnant women, and low-
        income elderly individuals in 2004. Federal and State 
        government expenditures for both programs were approximately 
        $606,000,000,000 in 2004.

SEC. 3. PURPOSE.

    The purpose of this Act is to establish a National Commission on 
Health Care to--
            (1) examine and report on--
                    (A) the factors leading to the rising costs of 
                health care for individuals and businesses 
                participating in employer-based health insurance and 
                the rising health care expenditures for public health 
                care programs;
                    (B) the barriers that prevent individuals from 
                securing adequate health care coverage; and
                    (C) the issues faced by people covered by public 
                health care programs;
            (2) ascertain, evaluate, and report on the evidence 
        developed by all relevant Federal, State, and local 
        governmental agencies regarding the facts and circumstances 
        surrounding rising health care costs and the barriers to 
        adequate insurance coverage;
            (3) build upon the investigations of past and current 
        entities by reviewing the findings, conclusions, and 
        recommendations of--
                    (A) executive branch, congressional, or independent 
                commission investigations into the issues of health 
                care services or health care costs; and
                    (B) State and local entities that have developed 
                innovative solutions to deal with the health care needs 
                in their respective communities; and
            (4) investigate and report to the President and the 
        Congress on its findings, conclusions, and recommendations for 
        policy solutions to the health care problems, including current 
        private and public services and the lack of health care 
        insurance for nearly 46,000,0000 Americans.

SEC. 4. ESTABLISHMENT.

    There is established in the legislative branch the National 
Commission on Health Care (referred to in this Act as the 
``Commission'').

SEC. 5. COMPOSITION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 10 members, of 
whom--
            (1) 1 member shall be appointed by the President, who shall 
        serve as chairman of the Commission;
            (2) 1 member shall be appointed by the leader of the Senate 
        of the Democratic Party, in consultation with the leader of the 
        House of Representatives of the Democratic Party, who shall 
        serve as vice chairman of the Commission;
            (3) 2 members shall be appointed by the senior member of 
        the Senate leadership of the Republican Party;
            (4) 2 members shall be appointed by the senior member of 
        the Senate leadership of the Democratic Party;
            (5) 2 members shall be appointed by the senior member of 
        the leadership of the House of Representatives of the 
        Republican Party; and
            (6) 2 members shall be appointed by the senior member of 
        the leadership of the House of Representatives of the 
        Democratic Party.
    (b) Qualifications; Initial Meeting.--
            (1) Political party affiliation.--Not more than 5 members 
        of the Commission shall be from the same political party.
            (2) Nongovernmental appointees.--An individual appointed to 
        the Commission may not be an officer or employee of the Federal 
        Government or any State or local government.
            (3) Other qualifications.--It is the sense of Congress that 
        individuals appointed to the Commission should be prominent 
        United States citizens, with national recognition and 
        significant depth of experience in such professions or 
        memberships as governmental service, health care services, 
        health care administration, business, public administration, 
        and research institutions or programs with health care 
        emphasis.
            (4) Deadline for appointment.--All members of the 
        Commission shall be appointed not later than October 15, 2005, 
        or 60 days after the date of enactment of this Act, whichever 
        is later.
            (5) Initial meeting.--The Commission shall meet and begin 
        the operations of the Commission as soon as practicable after 
        all members of the Commission are appointed.
    (c) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the chairperson or a majority of its 
members. Six members of the Commission shall constitute a quorum. Any 
vacancy in the Commission shall not affect its powers, and shall be 
filled in the same manner in which the original appointment was made.

SEC. 6. FUNCTIONS OF COMMISSION.

    (a) In General.--The functions of the Commission are to--
            (1) conduct a study that--
                    (A) investigates relevant facts and experiences 
                relating to the problems within the sphere of health 
                care, including any relevant legislation, Executive 
                order, regulation, plan, policy, practice, or 
                procedure; and
                    (B) investigates relevant facts and circumstances 
                relating to--
                            (i) the rising costs of health care;
                            (ii) the impact of the rising costs of 
                        health care on American businesses;
                            (iii) the provision of health care by State 
                        and local health care agencies;
                            (iv) the effects of increases in insurance 
                        premiums on health care coverage for businesses 
                        and individuals;
                            (v) the private health insurance industry;
                            (vi) the public health programs;
                            (vii) innovations and reforms necessary to 
                        increase the provision of affordable, quality 
                        health care to all Americans;
                            (viii) the role of congressional oversight 
                        and resource allocation; and
                            (ix) other areas of the public and private 
                        sectors determined relevant by the Commission 
                        for its inquiry;
            (2) identify, review, and evaluate the lessons learned from 
        past legislative structuring of health care, coordination, 
        management policies, and procedures of the Federal Government, 
        and, when appropriate, State and local governments and 
        nongovernmental entities, relative to administering, 
        representing and implementing and receiving health care; and
            (3) submit to the President and Congress such reports as 
        are required by this Act containing such findings, conclusions, 
        and recommendations as the Commission shall determine, 
        including proposing organization, coordination, planning, 
        management arrangements, procedures, rules, and regulations.

SEC. 7. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission or, on the authority of 
the Commission, any subcommittee or member thereof, may hold such 
hearings, sit and act at such times and places, take such testimony, 
and receive such evidence as the Commission determines appropriate for 
the purposes of carrying out this Act.
    (b) Contracting.--The Commission may, to such extent and in such 
amounts as are provided for in appropriation Acts, enter into contracts 
to enable the Commission to discharge its duties under this Act.
    (c) Information From Federal Agencies.--
            (1) In general.--The Commission is authorized to secure 
        directly from any executive department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality of the Government, information, suggestions, 
        estimates, and statistics for the purposes of this Act. Each 
        department, bureau, agency, board, commission, office, 
        independent establishment, or instrumentality shall, to the 
        extent authorized by law, furnish such information, 
        suggestions, estimates, and statistics directly to the 
        Commission, upon request made by the chairperson, the 
        chairperson of any subcommittee created by a majority of the 
        Commission, or any member designated by a majority of the 
        Commission.
            (2) Receipt, handling storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by members of the Commission and its staff 
        consistent with all applicable statutes, regulations, and 
        Executive orders.
    (d) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the Commission's functions.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and 
        agencies of the United States may provide to the Commission 
        such services, funds, facilities, staff, and other support 
        services as they may determine advisable and as may be 
        authorized by law.
    (e) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (f) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as departments 
and agencies of the United States.

SEC. 8. STAFF OF COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--The chairperson of the 
        Commission, in consultation with vice chairperson, in 
        accordance with rules agreed upon by the Commission, may 
        appoint and fix the compensation of a staff director and such 
        other personnel as may be necessary to enable the Commission to 
        carry out its functions, without regard to the provisions of 
        title 5, United States Code, governing appointments in the 
        competitive service, and without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of such title 
        relating to classification and General Schedule pay rates, 
        except that no rate of pay fixed under this subsection may 
        exceed the equivalent of that payable for a position at level V 
        of the Executive Schedule under section 5316 of title 5, United 
        States Code.
            (2) Personnel as federal employees.--
                    (A) In general.--The staff director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to members of the Commission.
    (b) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of the 
detailee's regular employment without interruption.
    (c) Consultant Services.--The Commission is authorized to procure 
the services of experts and consultants in accordance with section 3109 
of title 5, United States Code, but at rates not to exceed the daily 
rate paid a person occupying a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.

SEC. 9. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--Each member of the Commission may be compensated 
at a rate not to exceed the daily equivalent of the annual rate of 
basic pay in effect for a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for each 
day during which that member is engaged in the actual performance of 
the duties of the Commission.
    (b) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the Commission, members 
of the Commission shall be allowed travel expenses, including per diem 
in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703(b) of title 5, United States Code.

SEC. 10. REPORTS OF COMMISSION; TERMINATION.

    (a) Interim Reports.--The Commission may submit to the President 
and Congress interim reports containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of Commission members.
    (b) Final Report.--Not later than 12 months after the date of the 
enactment of this Act, the Commission shall submit to the President and 
Congress a final report containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of Commission members.
    (c) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        this Act, shall terminate 60 days after the date on which the 
        final report is submitted under subsection (b).
            (2) Administrative activities before termination.--The 
        Commission may use the 60 day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        reports and disseminating the final report.

SEC. 11. FUNDING.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this Act $6,000,000.
    (b) Duration of Availability.--Amounts made available to the 
Commission under subsection (a) shall remain available until the 
termination of the Commission.
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