Pub. L. 100-607, tit. II, subtit. D, sec. 214
MEMBERSHIP.
SEC. 214. MEMBERSHIP. (a) Number and Appointment.— (1) Appointment.—The Commission shall be composed of 15 members as follows: (A) Five members shall be appointed by the President— (i) three of whom shall be— (I) the Secretary of Health and Human Services; (II) the Administrator of Veterans’ Affairs; and (III) the Secretary of Defense; who shall be nonvoting members, except that, in the case of a tie vote by the Commission, the Secretary of Health and Human Services shall be a voting member; and (ii) two of whom shall be selected from the general public on the basis of such individuals being specially qualified to serve on the Commission by reason of their education, training, or experience. (B) Five members shall be appointed by the Speaker of the House of Representatives on the joint recommendation of the Majority and Minority Leaders of the House of Representatives. (C) Five members shall be appointed by the President pro tempore of the Senate on the joint recommendation of the Majority and Minority Leaders of the Senate. (2) Congressional committee recommendations.—In making appointments under subparagraphs (b) and (c) of paragraph (1), the Majority and Minority Leaders of the House of presentatives and the Senate shall duly consider the recommendations of the Chairmen and Ranking Minority Members of committees with jurisdiction over laws contained in chapter 17 of title 38, United States Code (relating to veterans’ health care), title XIX of the Social Security Act (42 U.S.C. 1901 et seq.) (relating to Medicaid), and the Public Health Service Act (42 U.S.C, 201 et seq.) (relating to the Public Health Service). (3) Requirements of appointments.— The Majority and Minority Leaders of the Senate and the House of Representatives shall— (A) select individuals who are specially qualified to serve on the Commission by reason of their education, training, or experience: and (B) engage in consultations for the purpose of ensuring that the expertise of the 10 members appointed by the Speaker of the House of Representatives and the President 102 STAT. 3106pro tempore of the Senate shall provide as much of a balance as possible and, to the greatest extent possible, cover the fields of medicine, science, law, ethics, health-care economics, and health-care and social services. (4) Term of members.—Members of the Commission (other than members appointed under paragraph (1)(A)(i)) shall serve for the life of the Commission. (5) Vacancy.—A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (b) Chairman.—Not later than 15 days after the members of the Commission are appointed, such members shall select a Chairman from among the members of the Commission. (c) Quorum.—Seven members of the Commission shall constitute a quorum, but a lesser number may be authorized by the Commission to conduct hearings. (d) Meetings.—The Commission shall hold its first meeting on a date specified by the Chairman, but such date shall not be earlier than September 1, 1988, and not be later than 60 days after the date of the enactment of this Act, or September 30, 1988, whichever is later. After the initial meeting, the Commission shall meet at the call of the Chairman or a majority of its members, but shall meet at least three times each year during the life of the Commission. (e) Pay.—Members of the Commission who are officers or employees or elected officials of a government entity shall receive no additional compensation by reason of their service on the Commission. (f) Per Diem.—While away from their homes or regular places of business in the performance of duties for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code. (g) Deadline for Appointment.—Not earlier than July 11, 1988, and not later than 45 days after the date of the enactment of this Act, or August 1, 1988, whichever is later, the members of the Commission shall be appointed.