[House Report 105-49]
[From the U.S. Government Publishing Office]



105th Congress                                             Rept. 104-49
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     Part 2
_______________________________________________________________________


 
   EXTENSION OF TERMS OF APPOINTMENTS OF MEMBERS OF THE PROSPECTIVE 
  PAYMENT ASSESSMENT COMMISSION (PROPAC) AND OF THE PHYSICIAN PAYMENT 
                      REVIEW COMMISSION (PHYSPRC)

                                _______
                                

 April 14, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Bliley, from the Committee on Commerce, submitted the following

                              R E P O R T

                        [To accompany H.R. 1001]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, to whom was referred the bill 
(H.R. 1001) to extend the term of appointment of certain 
members of the Prospective Payment Assessment Commission and 
the Physician Payment Review Commission, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Rollcall Votes...................................................     2
Committee Oversight Findings.....................................     2
Committee on Government Reform and Oversight.....................     2
New Budget Authority and Tax Expenditures........................     3
Committee Cost Estimate..........................................     3
Congressional Budget Office Estimate.............................     3
Federal Mandates Statement.......................................     4
Advisory Committee Statement.....................................     4
Constitutional Authority Statement...............................     4
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     4
Changes in Existing Law Made by the Bill, as Reported............     4

                          Purpose and Summary

    The purpose of H.R. 1001 is to extend the term of 
appointment of certain members of the Prospective Payment 
Assessment Commission and the Physician Payment Review 
Commission. This legislation would extend the term of 
appointment of any Commissioner whose term expires during 1997 
to May 1, 1998.

                  Background and Need for Legislation

    The Prospective Payment Assessment Commission (ProPac) and 
the Physician Payment Review Commission (PPRC) are two 
Congressionally established bodies which advise Congress on the 
Medicare and Medicaid programs. Previously, Commissioners were 
appointed for terms of three years by the Director of the 
Office of Technology Assessment (OTA). In 1995, the Office of 
Technology Assessment was abolished. Consequently, there is no 
legislative authority currently vested in any body to reappoint 
currently serving Commissioners.
    H.R. 1001 would extend the term of appointment of any 
ProPac or PPRC Commissioner whose term expires during 1997 to 
May 1, 1998. This legislation is silent on the appointment of 
new Commissioners.

                                Hearings

    The Committee on Commerce has not held hearings on the 
legislation.

                        Committee Consideration

    On March 12, 1997, the Subcommittee on Health and 
Environment met in open markup session and, by unanimous 
consent, a quorum being present, approved H.R. 1001 for Full 
Committee consideration, without amendment.
    On March 13, 1997, the Full Committee met in open markup 
session and ordered H.R. 1001 reported to the House, without 
amendment, by a voice vote.

                             Rollcall Votes

    Clause 2(l)(2)(B) of rule XI of the Rules of the House 
requires the Committee to list the recorded votes on the motion 
to report legislation and on amendments thereto. There were no 
recorded votes taken in connection with ordering H.R. 1001 
reported. A motion by Mr. Bliley to order H.R. 1001 reported to 
the House, without amendment, was agreed to by a voice vote, a 
quorum being present.

                      Committee Oversight Findings

    Pursuant to clause 2(l)(3)(A) of rule XI of the Rules of 
the House of Representatives, the Committee has not held 
oversight or legislative hearings on this legislation.

              Committee on Government Reform and Oversight

    Pursuant to clause 2(l)(3)(D) of rule XI of the Rules of 
the House of Representatives, no oversight findings have been 
submitted to the Committee by the Committee on Government 
Reform and Oversight.

               New Budget Authority and Tax Expenditures

    In compliance with clause 2(l)(3)(B) of rule XI of the 
Rules of the House of Representatives, the Committee finds that 
H.R. 1001 would result in no new or increased budget authority 
or tax expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 403 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 2(l)(3)(C) of rule XI of the Rules of 
the House of Representatives, the following is the cost 
estimate provided by the Congressional Budget Office pursuant 
to section 403 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 17, 1997.
Hon. Tom Bliley,
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1001, a bill to 
extend the term of appointment of certain members of the 
Prospective Payment Assessment Commission and the Physician 
Payment Review Commission.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Tom Bradley.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 1001--To extend the term of appointment of certain members of the 
        Prospective Payment Assessment Commission and the Physician 
        Payment Review Commission

    CBO estimates that enacting this bill would have no 
significant effect on the federal budget. Because the bill 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. H.R. 1001 contains no 
intergovernmental or private sector mandates as defined in the 
Unfunded Mandates Reform Act of 1995 and would not affect the 
budgets of state, local, or tribal governments.
    H.R. 1001 would extend for one year the terms of those 
members of the Prospective Payment Assessment Commission 
(ProPAC) and the Physician Payment Review Commission (PPRC) 
whose appointments expire during 1997. Under current law, 
members of these Commissions are appointed by the Director of 
the Congressional Office of Technology Assessment (OTA). 
However, that agency was eliminated and the authority to 
appoint members of these Commissions has not been transferred.
    The terms of five ProPAC commissioners and four PPRC 
commissioners will expire during 1997. CBO expects that outlays 
of these Commissions would not change significantly if the 
terms of the affected Commissioners expire, or if their terms 
of appointment are extended.
    The CBO staff contact for this estimate is Tom Bradley. 
This estimate was approved by Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

Section 1. Extension of term of appointment of certain members of the 
        Prospective Payment Assessment Commission and the Physician 
        Payment Review Commission

    This section extends to May 1, 1998, the term of 
appointment of any individual who is appointed as a member of 
either the Prospective Payment Assessment Commission or the 
Physician Payment Review Commission whose term would otherwise 
expire during 1997.

         Changes in Existing Law Made by the Bill, as Reported

    This legislation does not amend any existing Federal 
statute.