[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 831 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 831

    To provide for the establishment of a Health Workforce Advisory 
    Commission to review Federal health workforce policies and make 
              recommendations on improving those policies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 18, 2005

 Mr. Bingaman introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To provide for the establishment of a Health Workforce Advisory 
    Commission to review Federal health workforce policies and make 
              recommendations on improving those policies.

    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 ``Health Workforce Advisory Commission 
Act of 2005''.

SEC. 2. HEALTH WORKFORCE ADVISORY COMMISSION.

    (a) Establishment.--The Comptroller General shall establish a 
commission to be known as the Health Workforce Advisory Commission 
(referred to in this Act as the ``Commission'').
    (b) Membership.--
            (1) In general.--The Commission shall be composed of 18 
        members to be appointed by the Comptroller General not later 
        than 90 days after the date of enactment of this Act, and an 
        ex-officio member who shall serve as the Director of the 
        Commission.
            (2) Qualifications.--In appointing members to the 
        Commission under paragraph (1), the Comptroller General shall 
        ensure that--
                    (A) the Commission includes individual with 
                national recognition for their expertise in health care 
                workforce issues, including workforce forecasting, 
                undergraduate and graduate training, economics, health 
                care and health care systems financing, public health 
                policy, and other fields;
                    (B) the members are geographically representative 
                of the United States and maintain a balance between 
                urban and rural representatives;
                    (C) the members includes a representative from the 
                commissioned corps of the Public Health Service;
                    (D) the members represent the spectrum of 
                professions in the current and future healthcare 
                workforce, including physicians, nurses, and other 
                health professionals and personnel, and are skilled in 
                the conduct and interpretation of health workforce 
                measurement, monitoring and analysis, health services, 
                economic, and other workforce related research and 
                technology assessment;
                    (E) at least 25 percent of the members who are 
                health care providers are from rural areas; and
                    (F) a majority of the members are individuals who 
                are not currently primarily involved in the provision 
                or management of health professions education and 
                training programs.
            (3) Terms and vacancies.--
                    (A) Terms.--The term of service of the members of 
                the Commission shall be for 3 years except that the 
                Comptroller General shall designate staggered terms for 
                members initially appointed under paragraph (1).
                    (B) Vacancies.--Any member who is appointed to fill 
                a vacancy on the Commission that occurs before the 
                expiration of the term for which the member's 
                predecessor was appointed shall be appointed only for 
                the remainder of that term.
            (4) Chairperson.--
                    (A) Designation.--The Comptroller General shall 
                designate a member of the Commission, at the time of 
                the appointment of such member--
                            (i) to serve as the Chairperson of the 
                        Commission; and
                            (ii) to serve as the Vice Chairperson of 
                        the Commission.
                    (B) Term.--A member shall serve as the Chairperson 
                or Vice Chairperson of the Commission under 
                subparagraph (A) for the term of such member.
                    (C) Vacancy.--In the case of a vacancy in the 
                Chairpersonship or Vice Chairpersonship, the 
                Comptroller General shall designate another member to 
                serve for the remainder of the vacant member's term.
    (c) Duties.--The Commission shall--
            (1) review the health workforce policies implemented--
                    (A) under titles XVIII and XIX of the Social 
                Security Act (42 U.S.C. 1395, 1396 et seq.);
                    (B) under titles VII and VIII of the Public Health 
                Service Act (42 U.S.C. 292, 296 et seq.);
                    (C) by the National Institutes of Health;
                    (D) by the Department of Health and Human Services;
                    (E) by the Department of Veterans Affairs; and
                    (F) by other departments and agencies as 
                appropriate;
            (2) analyze and make recommendations to improve the methods 
        used to measure and monitor the health workforce and the 
        relationship between the number and make up of such personnel 
        and the access of individuals to appropriate health care;
            (3) review the impact of health workforce policies and 
        other factors on the ability of the health care system to 
        provide optimal medical and health care services;
            (4) analyze and make recommendations pertaining to Federal 
        incentives (financial, regulatory, and otherwise) and Federal 
        programs that are in place to promote the education of an 
        appropriate number and mix of health professionals to provide 
        access to appropriate health care in the United States;
            (5) analyze and make recommendations about the appropriate 
        supply and distribution of physicians, nurses, and other health 
        professionals and personnel to achieve a health care system 
        that is safe, effective, patient centered, timely, equitable, 
        and efficient;
            (6) analyze the role and global implications of 
        internationally trained physicians, nurses, and other health 
        professionals and personnel in the United States health 
        workforce;
            (7) analyze and make recommendations about achieving 
        appropriate diversity in the United States health workforce;
            (8) conduct public meetings to discuss health workforce 
        policy issues and help formulate recommendations for Congress 
        and the Secretary of Health and Human Services;
            (9) in the course of meetings conducted under paragraph 
        (8), consider the results of staff research, presentations by 
        policy experts, and comments from interested parties;
            (10) make recommendations to Congress concerning health 
        workforce policy issues;
            (11) not later than April 15, 2006, and each April 15 
        thereafter, submit a report to Congress containing the results 
        of the reviews conducted under this subsection and the 
        recommendations developed under this subsection;
            (12) periodically, as determined appropriate by the 
        Commission, submit reports to Congress concerning specific 
        issues that the Commission determines are of high importance; 
        and
            (13) carry out any other activities determined appropriate 
        by the Secretary of Health and Human Services.
    (d) Ongoing Duties Concerning Reports and Reviews.--
            (1) Commenting on reports.--
                    (A) Submission to commission.--The Secretary of 
                Health and Human Services shall transmit to the 
                Commission a copy of each report that is submitted by 
                the Secretary to Congress if such report is required by 
                law and relates to health workforce policy.
                    (B) Review.--The Commission shall review a report 
                transmitted under subparagraph (A) and, not later than 
                6 months after the date on which the report is 
                transmitted, submit to the appropriate committees of 
                Congress written comments concerning such report. Such 
                comments may include such recommendations as the 
                Commission determines appropriate.
            (2) Agenda and additional reviews.--
                    (A) In general.--The Commission shall consult 
                periodically with the chairman and ranking members of 
                the appropriate committees of Congress concerning the 
                agenda and progress of the Commission.
                    (B) Additional reviews.--The Commission may from 
                time to time conduct additional reviews and submit 
                additional reports to the appropriate committees of 
                Congress on topics relating to Federal health 
                workforce-related programs and as may be requested by 
                the chairman and ranking members of such committees.
            (3) Availability of reports.--The Commission shall transmit 
        to the Secretary of Health and Human Services a copy of each 
        report submitted by the Commission under this section and shall 
        make such reports available to the public.
    (e) Powers of the Commission.--
            (1) General powers.--Subject to such review as the 
        Comptroller General determines to be necessary to ensure the 
        efficient administration of the Commission, the Commission 
        may--
                    (A) employ and fix the compensation of the 
                Executive Director and such other personnel as may be 
                necessary to carry out its duties;
                    (B) seek such assistance and support as may be 
                required in the performance of its duties from 
                appropriate Federal departments and agencies;
                    (C) enter into contracts or make other arrangements 
                as may be necessary for the conduct of the work of the 
                Commission;
                    (D) make advance, progress, and other payments that 
                relate to the work of the Commission;
                    (E) provide transportation and subsistence for 
                personnel who are serving without compensation; and
                    (F) prescribe such rules and regulations at the 
                Commission determined necessary with respect to the 
                internal organization and operation of the Commission.
            (2) Information.--To carry out its duties under this 
        section, the Commission--
                    (A) shall have unrestricted access to all 
                deliberations, records, and nonproprietary data 
                maintained by the General Accounting Office;
                    (B) may secure directly from any department or 
                agency of the United States information necessary to 
                enable the Commission to carry out its duties under 
                this section, on a schedule that is agreed upon between 
                the Chairperson and the head of the department or 
                agency involved;
                    (C) shall utilize existing information (published 
                and unpublished) collected and assessed either by the 
                staff of the Commission or under other arrangements;
                    (D) may conduct, or award grants or contracts for 
                the conduct of, original research and experimentation 
                where information available under subparagraphs (A) and 
                (B) is inadequate;
                    (E) may adopt procedures to permit any interested 
                party to submit information to be used by the 
                Commission in making reports and recommendations under 
                this section; and
                    (F) may carry out other activities determined 
                appropriate by the Commission.
    (f) Administrative Provisions.--
            (1) Compensation.--While serving on the business of the 
        Commission a member of the Commission shall be entitled to 
        compensation at the per diem equivalent of the rate provided 
        for under level IV of the Executive Schedule under title 5, 
        United States Code.
            (2) Meetings.--The Commission shall meet at the call of the 
        Chairperson.
            (3) Executive director and staff.--The Comptroller General 
        shall appoint an individual to serve as the interim Executive 
        Director of the Commission until the members of the Commission 
        are able to select a permanent Executive Director under 
        subsection (e)(1)(A).
            (4) Ethical disclosure.--The Comptroller General shall 
        establish a system for public disclosure by members of the 
        Commission of financial and other potential conflicts of 
        interest relating to such members.
            (5) Audits.--The Commission shall be subject to periodic 
        audit by the Comptroller General.
    (g) Funding.--
            (1) Requests.--The Commission shall submit requests for 
        appropriations in the same manner as the Comptroller General 
        submits such requests. Amounts appropriated for the Commission 
        shall be separate from amounts appropriated for the Comptroller 
        General.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this section, $6,000,000 for 
        fiscal year 2006, and such sums as may be necessary for each 
        subsequent fiscal year, of which--
                    (A) 80 percent of such appropriated amount shall be 
                made available from the Federal Hospital Insurance 
                Trust Fund under section 1817 of the Social Security 
                Act (42 U.S.C. 1395i); and
                    (B) 20 percent of such appropriation shall be made 
                available for amounts appropriated to carry out title 
                XIX of such Act (42 U.S.C. 1396 et seq.).
    (h) Definition.--In this Act, the term ``appropriate committees of 
Congress'' means the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Representatives.
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