[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.