Short title

This Act may be cited as the

National Commission on Health Care Act

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.

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.

Establishment

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

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.

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.

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.

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.

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.

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.

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.