I 112th CONGRESS 1st Session H. R. 3095 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.

1.

Short title

This Act may be cited as the Freeze and Investigate Affordable Care Act of 2011.

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.

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).

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).

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.

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.

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.

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.

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.

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.

11.

Termination

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

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.

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.