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employee of the Board or, with the approval of the
Secretary of Health and Human Services (and sub-
ject to reimbursement of identifiable costs), to any
other officer or employee of the Department of
Health and Human Services, any of its functions or
duties under this Act other than—
(A) the issuance of regulations; or
(B) the determination of the availability of
funds and their allocation to implement this
Act.
(3) COMPENSATION.—The Executive Director
of the Board shall be entitled to compensation at a
level equivalent to level III of the Executive Sched-
ule, in accordance with section 5314 of title 5,
United States Code.
(i) INSPECTOR GENERAL.—The Inspector General
Act of 1978 (5 U.S.C. App.) is amended—
(1) in section 11(1) by inserting after ‘‘Cor-
poration;’’ the following: ‘‘the Chair of the American
Health Security Standards Board;’’;
(2) in section 11(2) by inserting after ‘‘Infor-
mation Agency,’’ the following: ‘‘the American
Health Security Standards Board,’’; and
(3) by inserting after section 8F the following:
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‘‘§ 8G. 
Special 
provisions 
concerning 
American
Health Security Standards Board
‘‘The Inspector General of the American Health Se-
curity Standards Board, in addition to the other authori-
ties vested by this Act, shall have the same authority, with
respect to the Board and the American Health Security
Program under this Act, as the Inspector General for the
Department of Health and Human Services has with re-
spect to the Secretary of Health and Human Services and
the medicare and medicaid programs, respectively.’’.
(j) STAFF.—The Board shall employ such staff as the
Board may deem necessary.
(k) ACCESS
TO INFORMATION.—The Secretary of
Health and Human Services shall make available to the
Board all information available from sources within the
Department or from other sources, pertaining to the
duties of the Board.
SEC. 402. AMERICAN HEALTH SECURITY ADVISORY COUN-
CIL.
(a) IN GENERAL.—The Board shall provide for an
American Health Security Advisory Council (in this sec-
tion referred to as the ‘‘Council’’) to advise the Board on
its activities.
(b) MEMBERSHIP.—The Council shall be composed
of—
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(1) the Chair of the Board, who shall serve as
Chair of the Council, and
(2) twenty members, not otherwise in the em-
ploy of the United States, appointed by the Board
without regard to the provisions of title 5, United
States Code, governing appointments in the competi-
tive service.
The appointed members shall include, in accordance with
subsection (e), individuals who are representative of State
health security programs, public health professionals, pro-
viders of health services, and of individuals (who shall con-
stitute a majority of the Council) who are representative
of consumers of such services, including a balanced rep-
resentation of employers, unions, consumer organizations,
and population groups with special health care needs.
(c) TERMS OF MEMBERS.—Each appointed member
shall hold office for a term of four years, except that—
(1) any member appointed to fill a vacancy oc-
curring during the term for which the member’s
predecessor was appointed shall be appointed for the
remainder of that term; and
(2) the terms of the members first taking office
shall expire, as designated by the Board at the time
of appointment, five at the end of the first year, five
at the end of the second year, five at the end of the
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third year, and five at the end of the fourth year
after the date of enactment of this Act.
(d) VACANCIES.—
(1) IN GENERAL.—The Board shall fill any va-
cancy in the membership of the Council in the same
manner as the original appointment. The vacancy
shall not affect the power of the remaining members
to execute the duties of the Council.
(2) VACANCY
APPOINTMENTS.—Any member
appointed to fill a vacancy shall serve for the re-
mainder of the term for which the predecessor of the
member was appointed.
(3) REAPPOINTMENT.—The Board may re-
appoint an appointed member of the Council for a
second term in the same manner as the original
appointment.
(e) QUALIFICATIONS.—
(1) PUBLIC
HEALTH
REPRESENTATIVES.—
Members of the Council who are representative of
State health security programs and public health
professionals shall be individuals who have extensive
experience in the financing and delivery of care
under public health programs.
(2) PROVIDERS.—Members of the Council who
are representative of providers of health care shall
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be individuals who are outstanding in fields related
to medical, hospital, or other health activities, or
who are representative of organizations or associa-
tions of professional health practitioners.
(3) CONSUMERS.—Members who are represent-
ative of consumers of such care shall be individuals,
not engaged in and having no financial interest in
the furnishing of health services, who are familiar
with the needs of various segments of the population
for personal health services and are experienced in
dealing with problems associated with the consump-
tion of such services.
(f) DUTIES.—
(1) IN GENERAL.—It shall be the duty of the
Council—
(A) to advise the Board on matters of gen-
eral policy in the administration of this Act, in
the formulation of regulations, and in the per-
formance of the Board’s duties under section
401; and
(B) to study the operation of this Act and
the utilization of health services under it, with
a view to recommending any changes in the ad-
ministration of the Act or in its provisions
which may appear desirable.
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(2) REPORT.—The Council shall make an an-
nual report to the Board on the performance of its
functions, including any recommendations it may
have with respect thereto, and the Board shall
promptly transmit the report to the Congress, to-
gether with a report by the Board on any rec-
ommendations of the Council that have not been
followed.
(g) STAFF.—The Council, its members, and any com-
mittees of the Council shall be provided with such sec-
retarial, clerical, or other assistance as may be authorized
by the Board for carrying out their respective functions.
(h) MEETINGS.—The Council shall meet as fre-
quently as the Board deems necessary, but not less than
four times each year. Upon request by seven or more mem-
bers it shall be the duty of the Chair to call a meeting
of the Council.
(i) COMPENSATION.—Members of the Council shall
be reimbursed by the Board for travel and per diem in
lieu of subsistence expenses during the performance of du-
ties of the Board in accordance with subchapter I of chap-
ter 57 of title 5, United States Code.
(j) FACA NOT APPLICABLE.—The provisions of the
Federal Advisory Committee Act shall not apply to the
Council.
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(C) It must have a formal working rela-
tionship with the office of the State Attorney
General and have formal procedures (including
procedures for its referral of suspected criminal
violations to such office) which are approved by
the Board and which provide effective coordina-
tion of activities between the fraud unit and
such office with respect to the detection, inves-
tigation, and prosecution of suspected criminal
violations relating to the State health insurance
plan.
(c) FUNCTIONS.—The fraud unit must—
(1) have the function of conducting a statewide
program for the investigation and prosecution of vio-
lations of all applicable State laws regarding any
and all aspects of fraud in connection with any as-
pect of the provision of health care services and ac-
tivities of providers of such services under the State
health security program;
(2) have procedures for reviewing complaints of
the abuse and neglect of patients of providers and
facilities that receive payments under the State
health security program, and, where appropriate, for
acting upon such complaints under the criminal laws