2000 
[DOCID: f:h2642ih.txt]






107th CONGRESS
  1st Session
                                H. R. 2642

 To establish a National Commission on Farmworkers and Federal Health 
   Coverage to study the problems of farmworkers under the Medicaid 
   Program and the State children's health insurance program (SCHIP).


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2001

 Mr. Upton (for himself and Mr. Stupak) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To establish a National Commission on Farmworkers and Federal Health 
   Coverage to study the problems of farmworkers under the Medicaid 
   Program and the State children's health insurance program (SCHIP).

    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 Farmworkers 
and Federal Health Coverage Act of 2001''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the National 
Commission on Farmworkers and Federal Health Coverage (in this Act 
referred to as the ``Commission'').

SEC. 3. DUTIES OF COMMISSION.

    (a) In General.--The Commission shall examine problems experienced 
by farmworkers (including their families) under medicaid and SCHIP. 
Specifically, the Commission shall examine the following:
            (1) Barriers to enrollment.--Barriers to their enrollment, 
        including a lack of outreach and outstationed eligibility 
        workers, complicated applications and eligibility determination 
        procedures, and linguistic and cultural barriers.
            (2) Lack of portability.--The lack of portability of 
        medicaid and SCHIP coverage for farmworkers who are determined 
        eligible in one State but who move to other States on a 
        seasonal or other periodic basis.
            (3) Possible solutions.--The development of possible 
        solutions to increase enrollment and access to benefits for 
        farmworkers, because, in part, of the problems identified in 
        paragraphs (1) and (2), and the associated costs of each of the 
        possible solution described in subsection (b).
    (b) Possible Solutions.--Possible solutions to be examined shall 
include each of the following:
            (1) Interstate compacts.--The use of interstate compacts 
        among States that establish portability and reciprocity for 
        eligibility for farmworkers under the medicaid and SCHIP and 
        potential financial incentives for States to enter into such 
        compacts.
            (2) Demonstration projects.--The use of multi-state 
        demonstration waiver projects under section 1115 of the Social 
        Security Act (42 U.S.C. 1315) to develop comprehensive migrant 
        coverage demonstration projects.
            (3) Use of current law flexibility.--Use of current law 
        medicaid and SCHIP State plan provisions relating to coverage 
        of residents and out-of-State coverage.
            (4) National migrant family coverage.--The development of 
        programs of national migrant family coverage in which States 
        could participate.
            (5) Public-private partnerships.--The provision of 
        incentives for development of public-private partnerships to 
        develop private coverage alternatives for farmworkers.
            (6) Other possible solutions.--Such other solutions as the 
        Commission deems appropriate.
    (c) Definitions.--For purposes of this Act:
            (1) Farmworker.--The term ``farmworker'' means a migratory 
        agricultural worker or seasonal agricultural worker, as such 
        terms are defined in section 330(g)(3) of the Public Health 
        Service Act (42 U.S.C. 254c(g)(3)), and includes a family 
        member of such a worker.
            (2) Medicaid.--The term ``medicaid'' means the program 
        under title XIX of the Social Security Act.
            (3) SCHIP.--The term ``SCHIP'' means the State children's 
        health insurance program under title XXI of the Social Security 
        Act.
            (4) Secretary.--The term ``Secretary'' means Secretary of 
        Health and Human Services.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 15 
members appointed by the Secretary of Health and Human Services from 
among the following:
            (1) Farmworkers affected by the lack of portability of 
        coverage under the medicaid program or the State children's 
        health insurance program (under titles XIX and XXI of the 
        Social Security Act).
            (2) Representatives with expertise in providing health care 
        to farmworkers, including designees of national and local 
        organizations representing migrant health centers and other 
        providers.
            (3) Researchers with expertise in health care financing.
            (4) Representatives of foundations and other nonprofit 
        entities that have conducted or supported research on 
        farmworker health care financial issues.
            (5) Representatives of Federal agencies which are involved 
        in the provision or financing of health care to farmworkers, 
        including the Health Care Financing Administration and the 
        Health Research and Services Administration.
            (6) Representatives of State governments.
            (7) Representatives from the farm and agricultural 
        industries.
            (8) Designees of labor organizations representing 
        farmworkers.
    (b) Terms.--Each member shall be appointed for the life of the 
Commission.
    (c) Chairperson.--The Chairperson of the Commission shall be 
designated by the Secretary of Health and Human Services at the time of 
the appointment of members.
    (d) Meetings.--The Commission shall meet at the call of the 
Chairperson or a majority of its members.
    (e) Quorum.--A majority of the members of the Commission shall 
constitute a quorum but a lesser number may hold hearings.
    (f) Compensation and Expenses.--
            (1) Compensation.--Members of the Commission shall receive 
        no additional pay, allowances, or benefits by reason of their 
        service on the Commission, except that, to the extent or in the 
        amounts provided in advance in appropriation Acts, farmworker 
        members described in subsection (a)(1) shall be entitled to 
        receive reasonable compensation for lost wages for days 
        (including travel time) during which they are engaged in the 
        actual performance of duties vested in the Commission. In no 
        case shall such reasonable compensation exceed the daily 
        equivalent of the annual rate of basic pay for grade GS-15 of 
        the General Schedule.
            (2) Travel expenses.--Each member of the Commission 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.

SEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Director.--The Commission shall have a Director who shall be 
appointed by the Commission. To the extent or in the amounts provided 
in advance in appropriation Acts, the Commission shall establish the 
rate of pay for the Director, which shall not exceed the rate of basic 
pay for GS-15 of the General Schedule.
    (b) Staff.--With the approval of the Commission, the Director may 
appoint and fix the pay of such additional personnel as the Director 
considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The Director and 
staff of the Commission may be appointed without regard to the 
provisions of title 5, United States Code, governing appoint
d93
ments in 
the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of that title 
relating to classification and General Schedule pay rates, except that 
an individual so appointed may not receive pay in excess of the annual 
rate of basic pay for level GS-15 of the General Schedule.
    (d) Experts and Consultants.--With the approval of the Commission, 
Director may procure temporary and intermittent services under section 
3109(b) of title 5, United States Code.
    (e) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its duties under this Act. Any 
such detail shall not interrupt or otherwise affect the civil service 
status or privileges of the Federal employee.

SEC. 6. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--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.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information 
necessary to enable it to carry out this Act. Upon request of the 
Chairperson, the head of that department or agency shall furnish that 
information to the Commission.
    (d) Gifts, Bequests, and Devises.--To the extent or in the amounts 
provided in advance in appropriation Acts, the Commission may accept, 
use, and dispose of gifts, bequests, or devises of services or 
property, both real and personal, for the purpose of aiding or 
facilitating the work of the Commission. Gifts, bequests, or devises of 
money and proceeds from sales of other property received as gifts, 
bequests, or devises shall be deposited in the Treasury and shall be 
available for disbursement upon order of the Chairperson.
    (e) Mails.--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.
    (f) 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 responsibilities 
under this Act.

SEC. 7. REPORT.

    Not later than 18 months after the date of the enactment of this 
Act, the Commission shall transmit a report to the President, the 
Secretary of Health and Human Services, and the Congress on the study 
conducted under this Act. The report shall contain a detailed statement 
of the findings and conclusions of the Commission, together with its 
recommendations for such legislation and administrative actions as the 
Commission considers appropriate.

SEC. 8. TERMINATION.

    The Commission shall terminate 30 days after the date of submission 
of the report under section 7.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
                                 <all>

0