39–784

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

REPORT

[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
2

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
3

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
4

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.

Æ