[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1859 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1859

 To create a point of order against legislation which diverts savings 
     achieved through medicare waste, fraud, and abuse enforcement 
   activities for purposes other than improving the solvency of the 
 Federal Hospital Insurance Trust Fund under title XVIII of the Social 
Security Act, to ensure the integrity of such trust fund, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 1996

Mr. Graham (for himself and Mr. Baucus) introduced the following bill; 
    which was read twice and referred to the Committee on Rules and 
                             Administration

_______________________________________________________________________

                                 A BILL


 
 To create a point of order against legislation which diverts savings 
     achieved through medicare waste, fraud, and abuse enforcement 
   activities for purposes other than improving the solvency of the 
 Federal Hospital Insurance Trust Fund under title XVIII of the Social 
Security Act, to ensure the integrity of such trust fund, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Restore Trust Act of 
1996''.

SEC. 2. PROHIBITION ON CONSIDERATION OF LEGISLATION THAT DIVERTS 
              SAVINGS ACHIEVED THROUGH MEDICARE WASTE, FRAUD, AND ABUSE 
              ENFORCEMENT ACTIVITIES FOR PURPOSES OTHER THAN IMPROVING 
              THE SOLVENCY OF THE FEDERAL HOSPITAL INSURANCE TRUST 
              FUND.

    (a) Point of Order.--It shall not be in order in the Senate to 
consider any bill, conference report, or any other legislation that 
would use savings achieved through enforcement activities that are 
intended to combat waste, fraud, and abuse under the medicare program 
under title XVIII of the Social Security Act as offsets for purposes 
other than to improve the solvency of the Federal Hospital Insurance 
Trust Fund established under section 1817 of such Act (42 U.S.C. 1395i) 
(in this Act referred to as the ``trust fund'').
    (b) Waiver.--The point of order described in subsection (a) may be 
waived or suspended in the Senate by a \3/5\ majority vote of the 
Senators duly chosen and sworn, or by the unanimous consent of the 
Senate.
    (c) Appeals.--
            (1) In general.--Appeals in the Senate from decisions of 
        the Chair relating to this section shall be limited to 1 hour, 
        to be equally divided between and controlled by, the appellant 
        and the manager of the bill, conference report, or other 
        legislation, as the case may be.
            (2) Waiver.--An affirmative \3/5\ majority vote of the 
        Senators duly chosen and sworn, or a unanimous consent 
        agreement of the Senate shall be required to sustain an appeal 
        of the ruling of the Chair on a point of order raised under 
        this section.

SEC. 3. ENSURING THE INTEGRITY OF THE FEDERAL HOSPITAL INSURANCE TRUST 
              FUND.

    (a) Determination.--Prior to the end of each fiscal year, the 
Secretary of Health and Human Services (in this section referred to as 
the ``Secretary'') and the Attorney General shall jointly determine--
            (1) the portion of the costs charged during such fiscal 
        year to any account established within the Federal Hospital 
        Insurance Trust Fund under title XVIII of the Social Security 
        Act (42 U.S.C. 1395 et seq.) to combat health care waste, 
        fraud, and abuse, which do not relate to the administration of 
        the medicare program; and
            (2) the amount of funds deposited into such account of such 
        trust fund during such fiscal year that were attributable to 
        enforcement activities that were intended to combat health care 
        waste, fraud, and abuse, which do not relate to the 
        administration of the medicare program.
    (b) Certification.--If the portion determined under paragraph (1) 
of subsection (a) exceeds the amount determined under paragraph (2) of 
such subsection, the Secretary and the Attorney General shall certify 
to the Secretary of the Treasury the amount, which shall be equal to 
the amount of such excess, which should be transferred from the General 
Fund of the Treasury to such trust fund, in order to ensure that such 
trust fund is fully reimbursed for any expenditures made from the 
account described in subsection (a) that are not related to the 
administration of the medicare program under title XVIII of the Social 
Security Act.
    (c) Transfer of Funds.--The Secretary of the Treasury shall 
transfer to such trust fund from the General Fund of the Treasury, out 
of any funds in the General Fund that are not otherwise appropriated, 
an amount equal to the amount certified under subsection (b).
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