I

103D CONGRESS

2D SESSION H. R. 4725

To establish a Presidential Commission on Telemedicine.

IN THE HOUSE OF REPRESENTATIVES

JULY 12, 1994

Mrs. SCHROEDER introduced the following bill; which was referred to the

Committee on Energy and Commerce

A BILL

To establish a Presidential Commission on Telemedicine.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Presidential Commis5 sion on Telemedicine Act’’.

6 SEC. 2. ESTABLISHMENT.

7 There is established a commission to be known as the

8 Presidential Commission on Telemedicine (in this Act re9 ferred to as the ‘‘Commission’’).

10 SEC. 3. DUTIES.

11 The Commission shall carry out the following duties:
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1 (1) Conduct a full and complete review and

2 study of the use of telecommunications and informa3 tion systems technologies—

4 (A) in the provision of health care and in

5 the performance of health research—

6 (i) to perform examinations and pro7 cedures, and to conduct consultations, re8 lating to the diagnosis and treatment of ill9 nesses, injuries, and other physical and

10 mental conditions; and

11 (ii) to archive, access, and transmit

12 data that is necessary or appropriate to

13 perform or conduct such examinations,

14 procedures, and consultations;

15 (B) in the training of students of health

16 professions and the continuing education of

17 practicing health care providers; and

18 (C) in the monitoring of medical conditions

19 by individuals at home.

20 (2) Assess whether such technologies are effec21 tive in improving the quality and accessibility of

22 health care and reducing the costs of such care.

23 (3) Examine methods by which training in the

24 use of telecommunications and information systems
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1 technologies in the delivery of health care might be

2 improved.

3 (4) Analyze any obstacles that may impede such

4 technologies from being widely used and accepted by

5 health care providers in the United States.

6 (5) Develop a model definition of the term

7 ‘‘telemedicine’’ that may be used by health care pro8 viders, persons that provide payment for health care

9 services, and other participants in the health care

10 system.

11 SEC. 4. MEMBERSHIP.

12 (a) NUMBER AND APPOINTMENT.—The Commission

13 shall be composed of 31 members. The Commission shall

14 consist of the following members:

15 (1) The Vice President of the United States or

16 such individual’s delegate.

17 (2) The Secretary of Defense or such individ18 ual’s delegate.

19 (3) The Secretary of Commerce or such individ20 ual’s delegate.

21 (4) The Secretary of Health and Human Serv22 ices or such individual’s delegate.

23 (5) The Secretary of Energy or such individ24 ual’s delegate.
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1 (6) 26 individuals appointed by the President

2 from among individuals who are consumers of health

3 care services or are distinguished in the field of bio4 medical engineering, computer science, telecommuni5 cations, medicine, nursing, health care law, adminis6 tration of health care, health education, or business.

7 (b) TERMS.—Each member shall be appointed for the

8 life of the Commission.

9 (c) VACANCIES.—A vacancy in the Commission shall

10 be filled not later than 30 days after the date of the cre11 ation of the vacancy in the manner in which the original

12 appointment was made.

13 (d) COMPENSATION.—

14 (1) RATES OF PAY.—Except as provided in

15 paragraph (2), members of the Commission shall

16 serve without pay.

17 (2) TRAVEL EXPENSES.—Each member of the

18 Commission shall receive travel expenses, including

19 per diem in lieu of subsistence, in accordance with

20 sections 5702 and 5703 of title 5, United States

21 Code.

22 (e) QUORUM.—16 members of the Commission shall

23 constitute a quorum, but a lesser number may hold hear24 ings, take testimony, or receive evidence.
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1 (f) CHAIRPERSON.—The Vice President (or such in2 dividual’s delegate) shall be the chairperson of the Com3 mission.

4 (g) MEETINGS.—The Commission shall meet at the

5 call of the chairperson of the Commission or a majority

6 of its members.

7 SEC. 5. STAFF AND SUPPORT SERVICES.

8 (a) DIRECTOR.—The Commission shall have a direc9 tor appointed by the Commission and paid at a rate not

10 to exceed the minimum rate of basic pay payable for GS–

11 13 of the General Schedule.

12 (b) STAFF.—The Commission may appoint and fix

13 the pay of additional personnel as it considers appropriate,

14 except that an individual so appointed may not receive pay

15 in excess of the maximum rate of basic pay payable for

16 GS–11 of the General Schedule.

17 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

18 LAWS.—The director and staff of the Commission may be

19 appointed without regard to the provisions of title 5,

20 United States Code, governing appointments in the com21 petitive service, and may be paid without regard to the

22 provisions of chapter 51 and subchapter III of chapter 53

23 of that title relating to classification and General Schedule

24 pay rates, except as provided in subsections (a) and (b).
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1 (d) STAFF OF FEDERAL AGENCIES.—Upon request

2 of the Commission, the head of any Federal agency may

3 detail, on a nonreimbursable basis, any of the personnel

4 of the agency to the Commission to assist it in carrying

5 out its duties under this Act.

6 (e) EXPERTS AND CONSULTANTS.—The Commission

7 may procure temporary and intermittent services under

8 section 3109(b) of title 5, United States Code, but at rates

9 for individuals not to exceed the daily equivalent of the

10 minimum annual rate of basic pay payable for GS–13 of

11 the General Schedule.

12 (f) ADMINISTRATIVE SUPPORT SERVICES.—The Ad13 ministrator of General Services shall provide to the Com14 mission on a reimbursable basis such administrative sup15 port services necessary for the Commission to carry out

16 its responsibilities under this Act.

17 SEC. 6. POWERS.

18 (a) HEARINGS AND SESSIONS.—The Commission

19 may, for the purpose of carrying out this Act, hold hear20 ings, sit and act at times and places, take testimony, and

21 receive evidence as the Commission considers appropriate.

22 The Commission may administer oaths or affirmations to

23 witnesses appearing before it.

24 (b) DELEGATION OF AUTHORITY.—Any member or

25 agent of the Commission may, if authorized by the Com-
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1 mission, take any action that the Commission is author2 ized to take by this section.

3 (c) INFORMATION.—

4 (1) IN GENERAL.—The Commission may secure

5 directly from any Federal agency information nec6 essary to enable it to carry out this Act. Upon re7 quest of the Commission, the head of the Federal

8 agency shall furnish the information to the Commis9 sion.

10 (2) EXCEPTION.—Paragraph (1) shall not

11 apply to any information that the Commission is

12 prohibited to secure or request by another law.

13 (d) MAILS.—The Commission may use the United

14 States mails in the same manner and under the same con15 ditions as other Federal agencies.

16 (e) CONTRACT AUTHORITY.—The Commission may

17 contract with and compensate government and private

18 agencies or persons for supplies or services without regard

19 to section 3709 of the Revised Statutes (41 U.S.C. 5).

20 SEC. 7. REPORT.

21 Not later than the expiration of the 1-year period be22 ginning on the date of the appointment of the last member

23 of the Commission to be appointed under section 4(a), the

24 Commission shall submit to the President and the Con-
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1 gress a report containing the findings, conclusions, and

2 recommendations of the Commission.

3 SEC. 8. TERMINATION.

4 The Commission shall terminate not later than the

5 expiration of the 60-day period beginning on the date on

6 which the Commission submits its report under section 7.

7 SEC. 9. BUDGET COMPLIANCE.

8 Any spending authority (as defined in subparagraphs

9 (A) and (C) of section 401(c)(2) of the Congressional

10 Budget Act of 1974 (2 U.S.C. 651(c)(2)(A))) authorized

11 by this title shall be effective only to such extent or in

12 such amounts as are provided in appropriation Acts.

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