I
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 Representa-
tives 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 re-
ferred 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 tele-
communications and information systems tech-
nologies:
(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 pro-
cedures, and to conduct consultations, re-
lating to the diagnosis and treatment of ill-
nesses, 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 effec-
tive 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 pro-
viders, persons that provide payment for health care
services, and other participants in the health care
system.
(5) Establish terms for appropriate reimburse-
ment for such ‘‘telemedicine’’ services by public
agencies that, and private persons who, provide pay-
ments 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 em-
ployees of any government. The membership shall include
the following:
(1) A physician specializing in emergency medi-
cine.
(2) A representative of the insurance industry
who is experienced in reimbursement issues.
(3) A representative of the wireless communica-
tion 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 exclu-
sively 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 de-
sign, 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 Commis-
sion. 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 Rep-
resentatives, and the majority leader of the Senate.
(e) COMPENSATION.—
(1) RATES OF PAY.—Members of the Commis-
sion 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 Sched-
ule. 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 hear-
ings, take testimony, or receive evidence.
(g) CHAIRPERSON.—The chairperson of the Commis-
sion 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 direc-
tor 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 Sched-
ule.
(b) STAFF.—The Commission may appoint additional
personnel as it considers appropriate. Pay for such person-
nel 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 Com-
mission 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, Unit-
ed 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 Sec-
retary of Commerce, acting through the National Tele-
communications 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 hear-
ings, 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 so-
licit 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 Com-
mission, take any action that the Commission is author-
ized to take by this section.
(d) INFORMATION.—
(1) IN GENERAL.—The Commission may secure
directly from any Federal agency information nec-
essary to enable it to carry out this Act. Upon re-
quest of the Commission, the head of the Federal
agency shall furnish the information to the Commis-
sion.
(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 con-
ditions 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 appoint-
ment of the last member of the Commission to be ap-
pointed under section 4, the Commission shall submit to
the President and the Congress a report containing the
findings, conclusions, and recommendations of the Com-
mission.
(b) PUBLIC DISSEMINATION.—Not later than the ex-
piration of the 30-day period beginning on the date of the
submission of the report under subsection (a), the Sec-
retary of Commerce, acting through the National Tele-
communications 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 im-
plementing 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 Tele-
communications 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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