[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 426 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 426

          To establish a National Commission on Telemedicine.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1995

 Mr. Combest introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
          To establish a National Commission on Telemedicine.

    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 Telemedicine 
Act''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the National 
Commission on Telemedicine (in this Act referred to as the 
``Commission'').

SEC. 3. DUTIES.

    The Commission shall carry out the following duties:
            (1) Conduct a complete assessment of the use of existing 
        and emerging wired and wireless telecommunications and 
        information systems technologies:
                    (A) in the provision of health care and in the 
                performance of health research--
                            (i) to transmit, compress, and archive 
                        data; and
                            (ii) to perform examinations and 
                        procedures, and to conduct consultations, 
                        relating to the diagnosis and treatment of 
                        illnesses, injuries, and other physical and 
                        mental conditions;
                    (B) in the training of students of health 
                professions and the continuing education of practicing 
                health care providers; and
                    (C) in the monitoring of medical conditions by 
                individuals at home.
            (2) Assess whether such technologies are effective in 
        improving the quality and accessibility of health care and 
        reducing the costs of such care.
            (3) Identify obstacles that may impede such technologies 
        from being widely used and accepted by health care providers.
            (4) Develop a model definition of the term ``telemedicine'' 
        that may be used by health care providers, persons that provide 
        payment for health care services, and other participants in the 
        health care system.
            (5) Establish terms for appropriate reimbursement for such 
        ``telemedicine'' services by public agencies that, and private 
        persons who, provide payments for health care services.

SEC. 4. MEMBERSHIP.

    (a) Size and Composition.--The Commission shall be composed of 37 
members appointed in accordance with subsection (b) from individuals 
who are not officers or employees of any government. The membership 
shall include the following:
            (1) A physician specializing in emergency medicine.
            (2) A representative of the insurance industry who is 
        experienced in reimbursement issues.
            (3) A representative of the wireless communication and data 
        transfer industry.
            (4) A representative of the wire and fiber-optic 
        communication and data transfer industry.
            (5) A biomedical engineer.
            (6) A representative of the computer technology and data 
        compression industry.
            (7) Three members of the emergency medical technician, 
        trauma nursing, and physician assistant professions (one member 
        from each such profession).
            (8) A physician whose practice consists exclusively of 
        providing consultations.
            (9) A medical school educator.
            (10) A health care provider who practices in a correctional 
        facility.
            (11) A rural health care provider.
            (12) A health care lawyer.
            (13) A health care administrator.
            (14) A public health educator.
            (15) A small businessman involved in the design, 
        manufacture, or sale of telecommunications or information 
        systems hardware used in the provision of health care.
    (b) Appointment.--Not later than the expiration of the 60-day 
period beginning on the date of the enactment of this Act, the 
President, the Speaker of the House of Representatives, and the 
majority leader of the Senate shall each submit to the Secretary of 
Commerce a list of individuals recommended for appointment to the 
Commission. Not later than the expiration of the 90-day period 
beginning on the date of the enactment of this Act, such Secretary 
shall appoint the members of the Commission after consulting with the 
individuals who have submitted the lists. The Commission shall be 
composed of at least 12 individuals recommended by the President, at 
least 12 individuals recommended by the Speaker of the House of 
Representatives, and at least 12 individuals recommended by the 
majority leader of the Senate.
    (c) Terms.--Each member shall be appointed for the life of the 
Commission.
    (d) Vacancies.--A vacancy in the Commission shall be filled by the 
Secretary of Commerce, in consultation with the President, the Speaker 
of the House of Representatives, and the majority leader of the Senate.
    (e) Compensation.--
            (1) Rates of pay.--Members of the Commission shall be paid 
        at a rate fixed by the Secretary of Commerce not to exceed the 
        maximum rate of basic pay payable for GS-15 of the General 
        Schedule. A member of the Commission who is detailed by a 
        private person to serve on the Commission and who continues to 
        receive the member's usual salary and benefits from such person 
        while serving on the Commission shall serve without pay.
            (2) Travel expenses.--Each member of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.
    (f) Quorum.--19 members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings, take testimony, or 
receive evidence.
    (g) Chairperson.--The chairperson of the Commission shall be 
designated by the Secretary of Commerce at the time of appointment.
    (h) Meetings.--The Commission shall meet at the call of the 
chairperson of the Commission or a majority of its members.

SEC. 5. STAFF AND SUPPORT SERVICES.

    (a) Director.--The Commission shall have a director appointed by 
the Commission and paid at a rate fixed by the Secretary of Commerce 
not to exceed the maximum rate of basic pay payable for GS-13 of the 
General Schedule.
    (b) Staff.--The Commission may appoint additional personnel as it 
considers appropriate. Pay for such personnel shall be fixed by the 
Secretary of Commerce at rates that do not exceed the maximum rate of 
basic pay payable for GS-11 of the General Schedule.
    (c) Exception.--A member of the staff of the Commission who is 
detailed by a public or private person to assist the Commission and who 
continues to receive the member's usual salary and benefits from such 
person while assisting the Commission shall not receive pay under 
subsection (a) or (b).
    (d) 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 appointments 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 as 
provided in subsections (a) and (b).
    (e) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any Federal agency may detail, on a nonreimbursable basis, any 
of the personnel of the agency to the Commission to assist it in 
carrying out its duties under this Act.
    (f) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, but at rates for individuals fixed by the Secretary of 
Commerce not to exceed the daily equivalent of the minimum annual rate 
of basic pay payable for GS-13 of the General Schedule.
    (g) Administrative Support Services.--The Secretary of Commerce, 
acting through the National Telecommunications and Information 
Administration, shall provide to the Commission on a nonreimbursable 
basis such administrative support services as are necessary for the 
Commission to carry out its responsibilities under this Act.

SEC. 6. POWERS.

    (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. The Commission may administer oaths or affirmations to 
witnesses appearing before it.
    (b) Public Comment.--The Commission shall solicit and consider 
public comments in the performance of the duties of the Commission.
    (c) Delegation of Authority.--Any member or agent of the Commission 
may, if authorized by the Commission, take any action that the 
Commission is authorized to take by this section.
    (d) Information.--
            (1) In general.--The Commission may secure directly from 
        any Federal agency information necessary to enable it to carry 
        out this Act. Upon request of the Commission, the head of the 
        Federal agency shall furnish the information to the Commission.
            (2) Exception.--Paragraph (1) shall not apply to any 
        information that the Commission is prohibited to secure or 
        request by another law.
    (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other Federal agencies.
    (f) Contract Authority.--The Commission may contract with and 
compensate government and private agencies or persons for supplies or 
services without regard to section 3709 of the Revised Statutes (41 
U.S.C. 5).

SEC. 7. REPORT.

    (a) Submission.--Not later than the expiration of the 1-year period 
beginning on the date of the appointment of the last member of the 
Commission to be appointed under section 4, the Commission shall submit 
to the President and the Congress a report containing the findings, 
conclusions, and recommendations of the Commission.
    (b) Public Dissemination.--Not later than the expiration of the 30-
day period beginning on the date of the submission of the report under 
subsection (a), the Secretary of Commerce, acting through the National 
Telecommunications and Information Administration, shall make copies of 
the report available to the public.
    (c) Presidential Response.--Not later than the expiration of the 
120-day period beginning on the date of the submission of the report 
under subsection (a), the President shall submit to the Congress a 
response to the recommendations of the Commission, including, if the 
President determines it to be appropriate, a plan for implementing 1 or 
more of such recommendations.

SEC. 8. TERMINATION.

    The Commission shall terminate not later than the expiration of the 
60-day period beginning on the date on which the Commission submits its 
report under section 7.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated, from amounts otherwise 
appropriated for the National Telecommunications and Information 
Administration of the Department of Commerce, such sums as may be 
necessary to carry out this Act.

SEC. 10. BUDGET COMPLIANCE.

    Any spending authority (as defined in subparagraphs (A) and (C) of 
section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 
651(c)(2)(A))) authorized by this title shall be effective only to such 
extent or in such amounts as are provided in appropriation Acts.
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