[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3095 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3095

 To freeze the implementation of the health reform law, to establish a 
  commission to evaluate its impact on the delivery of health care to 
  current Medicare recipients, job creation, current health insurance 
 coverage, participation in State exchanges, and the Federal deficit, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 5, 2011

   Mr. Sam Johnson of Texas introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
the Committees on Ways and Means, Education and the Workforce, Natural 
  Resources, the Judiciary, House Administration, Appropriations, 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 freeze the implementation of the health reform law, to establish a 
  commission to evaluate its impact on the delivery of health care to 
  current Medicare recipients, job creation, current health insurance 
 coverage, participation in State exchanges, and the Federal deficit, 
                        and for other purposes.

    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 ``Freeze and Investigate Affordable 
Care Act of 2011''.

SEC. 2. FREEZE ON IMPLEMENTATION OF HEALTH REFORM LAW.

    (a) In General.--Notwithstanding any other provision of law, the 
provisions of the health reform law that are not in effect on the date 
of the enactment of this Act shall not take effect.
    (b) Regulations Under Health Reform Law.--Notwithstanding any other 
provision of law, the Federal Government shall not promulgate or 
enforce regulations under the provisions of the health reform law that 
are not in effect on the date of enactment of this Act, or otherwise 
prepare to implement such provisions.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch a commission to be 
known as the Affordable Care Evaluation Commission (in this Act 
referred to as the ``Commission'').

SEC. 4. DUTIES OF THE COMMISSION; INVESTIGATIVE REPORT.

    The duties of the Commission shall be--
            (1) to prepare and, not later than 270 days after the date 
        of the enactment of this Act, to submit to the President and 
        Congress a report that contains--
                    (A) a projection of the impact that the 
                implementation of the provisions of the health reform 
                law that are not in effect on the date of the enactment 
                of this Act would have on--
                            (i) the quality of health care delivered to 
                        individuals who are Medicare recipients on the 
                        date of the enactment of this Act;
                            (ii) health insurance coverage of 
                        individuals who are insured on such date;
                            (iii) participation in State exchanges and 
                        the effect on the Federal deficit; and
                            (iv) job creation and the size of the tax 
                        base;
                    (B) an evaluation of the findings, conclusions, and 
                recommendations developed by all other relevant 
                governmental agencies regarding the facts and 
                circumstances surrounding such implementation; and
                    (C) a recommendation of corrective measures to 
                mitigate any negative impact of such implementation; 
                and
            (2) to make available to the public the report submitted 
        under paragraph (1).

SEC. 5. MEMBERS OF COMMISSION.

    (a) Composition.--The Commission shall be composed of 10 members, 
of whom--
            (1) 1 member shall be appointed by the President, who shall 
        serve as chair of the Commission;
            (2) 1 member shall be appointed by the Speaker of the 
        House, who shall serve as vice chair of the Commission;
            (3) 2 members shall be appointed by the majority leader of 
        the Senate;
            (4) 2 members shall be appointed by the minority leader of 
        the Senate;
            (5) 2 members shall be appointed by the majority leader of 
        the House of Representatives; and
            (6) 2 members shall be appointed by the minority leader of 
        the House of Representatives.
    (b) Deadline for Appointment.--All members of the Commission shall 
be appointed before the end of the 30-day period beginning on the date 
of the enactment of this Act.
    (c) Qualifications.--
            (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.--Individuals appointed to the 
        Commission shall be prominent citizens, with national 
        recognition and significant depth of experience in such 
        professions as government service, financial services, 
        economics, law, public administration, commerce, and the United 
        States healthcare system.

SEC. 6. OPERATION OF COMMISSION.

    (a) Initial Meeting.--The Commission shall meet and begin the 
operations of the Commission as soon as practicable.
    (b) Public Meetings.--Meetings of the Commission shall be held in 
public to the extent practicable.
    (c) Quorum; Vacancies.--After its initial meeting, the Commission 
shall meet upon the call of the chair, the vice chair, 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, but shall be 
filled in the same manner in which the original appointment was made.

SEC. 7. COMPENSATION OF MEMBERS.

    (a) Compensation.--Each member of the Commission shall be paid at a 
rate not to exceed the daily equivalent of the annual rate of basic pay 
for 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 duties vested in the Commission.
    (b) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with 
applicable provisions under subchapter I of chapter 57 of title 5, 
United States Code.
    (c) Members Not Treated as Federal Employees.--The Members of the 
Commission shall not be considered employees under section 2105 of 
title 5, United States Code.

SEC. 8. DIRECTOR AND STAFF OF COMMISSION.

    (a) Appointment and Compensation.--The chair of the Commission, in 
consultation with the vice chair of the Commission, in accordance with 
rules agreed upon by the Commission, may appoint and fix the pay of a 
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 annual rate of basic pay 
for level V of the Executive Schedule under section 5316 of title 5, 
United States Code.
    (b) Detailees.--Upon request of the Commission, the head of a 
Federal department or agency may detail, without reimbursement from the 
Commission, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its duties under this Act.
    (c) Consultant Services.--The Commission may procure the services 
of experts and consultants in accordance with section 3109(b) of title 
5, United States Code, but at rates for individuals not to exceed the 
daily equivalent of the annual rate of basic pay for level IV of the 
Executive Schedule under section 5315 of title 5, United States Code.

SEC. 9. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commission considers 
appropriate. The Commission may administer oaths or affirmations to 
witnesses appearing before it.
    (b) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency information necessary to 
enable it to carry out this Act. Upon the request of the chair or a 
majority of the Commission, the head of that department or agency shall 
furnish such information to the Commission.
    (c) Subpoenas.--
            (1) In general.--The Commission may issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence relating to any matter under 
        investigation by the Commission only--
                    (A) by the agreement of the chair and the vice 
                chair; or
                    (B) by the affirmative vote of 6 members of the 
                Commission.
            (2) Service of subpoenas.--Subpoenas of the Commission may 
        be served by any person designated by the chair or by a 
        majority of the Commission.
            (3) Enforcement.--
                    (A) In general.--If a person refuses to obey a 
                subpoena issued under paragraph (1), the Commission may 
                apply to a United States district court for an order 
                requiring such person to appear before the Commission 
                to give testimony, produce evidence, or both, relating 
                to the matter under investigation. Any failure to obey 
                the order of the court may be punished by the court as 
                civil contempt.
                    (B) Additional enforcement.--If a person refuses to 
                obey a subpoena issued under paragraph (1), the 
                Commission may, by majority vote, certify a statement 
                of fact constituting such failure to the appropriate 
                United States attorney, who may bring the matter before 
                the grand jury for its action, under the same statutory 
                authority and procedures as if the United States 
                attorney had received a certification under sections 
                102 through 104 of the Revised Statutes of the United 
                States (2 U.S.C. 192 through 194).
    (d) Contracting.--To the extent or in the amounts provided in 
advance in appropriation Acts, the Commission may enter into contracts 
to enable the Commission to carry out its duties under this Act.
    (e) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its duties under 
this Act.
    (f) Gifts.--To the extent or in the amounts provided in advance in 
appropriations Acts, the Commission may accept, use, and dispose of 
gifts or donations of services or property.
    (g) 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 United States.

SEC. 10. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
with respect to the Commission.

SEC. 11. TERMINATION.

    The Commission shall terminate not later than 30 days after the 
report is submitted under section 4.

SEC. 12. DEFINITIONS.

    In this Act:
            (1) The term ``health reform law'' means the Patient 
        Protection and Affordable Care Act (Public Law 111-148) and the 
        health care-related provisions of the Health Care and Education 
        Reconciliation Act of 2010 (Public Law 111-152), including the 
        amendments made by such provisions.
            (2) The term ``health care-related provisions'' means, with 
        respect to the Health Care and Education Reconciliation Act of 
        2010, title I and subtitle B of title II of such Act.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the activities of the Commission under this Act, 
to remain available until the termination of the Commission.
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