[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3854 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3854

 To contain the costs of the Medicare prescription drug program under 
    part D of title XVIII of the Social Security Act, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 26, 2004

 Mr. Flake (for himself, Mr. Pence, Mr. Smith of Michigan, Mr. King of 
Iowa, Mr. Akin, Mr. Tancredo, Mr. Norwood, Mr. Jones of North Carolina, 
Mr. Bartlett of Maryland, Mr. Miller of Florida, Mr. Franks of Arizona, 
Mr. Brady of Texas, Mr. Hensarling, Mrs. Musgrave, Mr. Barrett of South 
  Carolina, Mr. DeMint, Mr. Gutknecht, and Mr. Feeney) introduced the 
   following bill; which was referred to the Committee on Energy and 
  Commerce, and in addition to the Committees on Ways and Means, and 
 Rules, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To contain the costs of the Medicare prescription drug program under 
    part D of title XVIII of the Social Security Act, 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 Prescription Drug Cost 
Containment Act of 2004''.

SEC. 2. INCLUSION IN ANNUAL REPORT OF MEDICARE TRUSTEES OF INFORMATION 
              ON STATUS OF MEDICARE PRESCRIPTION DRUG ACCOUNT.

    (a) Determinations of Excess General Revenue Medicare Prescription 
Drug Funding.--
            (1) In general.--On the same date on which the President 
        submits a budget to Congress, the Secretary of Health and Human 
        Services (in this Act referred to as the ``Secretary''), shall 
        submit to Congress a determination as to whether there is 
        projected to be excess general revenue medicare prescription 
        drug funding (as defined in subsection (b)) for the fiscal year 
        for which the budget is submitted.
            (2) Medicare part d funding warning.--For purposes of 
        section 1105(i) of title 31, United States Code, and this Act, 
        an affirmative determination under paragraph (1) by the 
        Secretary shall be treated as a medicare part D funding warning 
        in the fiscal year beginning on October 1 of the year in which 
        the determination is submitted to Congress.
    (b) Definitions.--For purposes of this section:
            (1) Excess general revenue medicare prescription drug 
        funding.--The term ``excess general revenue medicare 
        prescription drug funding'' means, with respect to a fiscal 
        year during the period beginning on the date of enactment of 
        this Act and ending on September 30, 2013, that--
                    (A) the amounts deposited in the Medicare 
                Prescription Drug Account under section 1860D-16(c)(2) 
                (42 U.S.C. 1395w-116(c)(2)), as added by section 101 of 
                the Medicare Prescription Drug, Improvement, and 
                Modernization Act of 2003 (Public Law 108-173); exceed
                    (B) the part D target amount (as defined in 
                paragraph (2)).
            (2) Part d target amount.--The term ``part D target 
        amount'' means for a year--
                    (A) for fiscal year 2005, $800,000,000;
                    (B) for fiscal year 2006, $25,700,000,000;
                    (C) for fiscal year 2007, $39,000,000,000;
                    (D) for fiscal year 2008, $44,600,000,000;
                    (E) for fiscal year 2009, $48,700,000,000;
                    (F) for fiscal year 2010, $53,700,000,000;
                    (G) for fiscal year 2011, $58,600,000,000;
                    (H) for fiscal year 2012, $65,300,000,000; and
                    (I) for fiscal year 2013, $73,100,000,000.
    (c) Technical Amendment.--Section 1860D-16(c)(3) of the Social 
Security Act (42 U.S.C. 1395w-116(c)(3)), as added by section 101 of 
the Medicare Prescription Drug, Improvement, and Modernization Act of 
2003 (Public Law 108-173), is amended by striking ``under paragraph (1) 
or subsection (a)(2)'' and inserting ``under paragraph (1), (2), or 
(4), gifts and bequests as may be made as provided in section 
201(i)(1), or accrued interest on balances in the Account''.

SEC. 3. PRESIDENTIAL SUBMISSION OF LEGISLATION.

    (a) In General.--Section 1105 of title 31, United States Code, as 
amended by section 802(a) of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003 (Public Law 108-173), is 
amended by adding at the end the following new subsection:
    ``(i)(1) If there is a medicare part D funding warning under 
section 2(a)(2) of the Medicare Prescription Drug Cost Containment Act 
of 2004 made in a year, the President shall submit to Congress, within 
the 15-day period beginning on the date of the budget submission to 
Congress under subsection (a) for the succeeding year, proposed 
legislation to respond to such warning.
    ``(2) Paragraph (1) does not apply if, during the year in which the 
warning is made, legislation is enacted which eliminates excess general 
revenue medicare funding (as defined in section 2(b) of the Medicare 
Prescription Drug Cost Containment Act of 2004) for the period 
beginning with the fiscal year for which the determination is made and 
ending on September 30, 2013, as certified by the Board of Trustees of 
the Federal Supplementary Medicare Insurance Trust Fund not later than 
30 days after the date of the enactment of such legislation.''.
    (b) Sense of Congress.--It is the sense of Congress that 
legislation submitted pursuant to section 1105(i) of title 31, United 
States Code, in a year should be designed to eliminate excess general 
revenue medicare funding (as defined in section 2(b)) for the period 
that begins with the fiscal year for which the determination is made 
and ends on September 30, 2013.

SEC. 4. PROCEDURES IN THE HOUSE OF REPRESENTATIVES.

    (a) Introduction and Referral of President's Legislative 
Proposal.--
            (1) Introduction.--In the case of a legislative proposal 
        submitted by the President pursuant to section 1105(i) of title 
        31, United States Code, as added by section 3(a), within the 
        15-day period specified in paragraph (1) of such section, the 
        majority leader of the House of Representatives (or his 
        designee) and the minority leader of the House of 
        Representatives (or his designee) shall introduce such proposal 
        (by request), the title of which is as follows: ``A bill to 
        respond to a medicare part D funding warning.'' Such bill shall 
        be introduced within 3 legislative days after Congress receives 
        such proposal.
            (2) Referral.--Any legislation introduced pursuant to 
        paragraph (1) shall be referred to the appropriate committees 
        of the House of Representatives.
    (b) Direction to the Appropriate House Committees.--
            (1) In general.--In the House, in any year during which the 
        President is required to submit proposed legislation to 
        Congress under section 1105(i) of title 31, United States Code, 
        the appropriate committees shall report medicare funding 
        legislation by not later than June 30 of such year.
            (2) Medicare funding legislation.--For purposes of this 
        section, the term ``medicare funding legislation'' means--
                    (A) legislation introduced pursuant to subsection 
                (a)(1), but only if the legislative proposal upon which 
                the legislation is based was submitted within the 15-
                day period referred to in such subsection; or
                    (B) any bill the title of which is as follows: ``A 
                bill to respond to a medicare part D funding 
                warning.''.
            (3) Certification.--With respect to any medicare funding 
        legislation or any amendment to such legislation to respond to 
        a medicare part D funding warning, the chairman of the 
        Committee on the Budget of the House shall certify--
                    (A) whether or not such legislation eliminates 
                excess general revenue medicare funding (as defined in 
                section 2(c)) for each fiscal year during the period 
                beginning with the fiscal year for which the 
                determination is made and ending on September 30, 2013; 
                and
                    (B) with respect to such an amendment, whether the 
                legislation, as amended, would eliminate excess general 
                revenue medicare funding (as defined in section 2(c)) 
                for each fiscal year in such period.
    (c) Fallback Procedure for Floor Consideration If the House Fails 
to Vote on Final Passage by July 30.--
            (1) After July 30 of any year during which the President is 
        required to submit proposed legislation to Congress under 
        section 1105(i) of title 31, United States Code, unless the 
        House of Representatives has voted on final passage of any 
        medicare funding legislation for which there is an affirmative 
        certification under subsection (b)(3)(A), then, after the 
        expiration of not less than 30 calendar days (and concurrently 
        5 legislative days), it is in order to move to discharge any 
        committee to which medicare funding legislation which has such 
        a certification and which has been referred to such committee 
        for 30 calendar days from further consideration of the 
        legislation.
            (2) A motion to discharge may be made only by an individual 
        favoring the legislation, may be made only if supported by \1/
        5\ of the total membership of the House of Representatives (a 
        quorum being present), and is highly privileged in the House of 
        Representatives. Debate thereon shall be limited to not more 
        than 1 hour, the time to be divided in the House of 
        Representatives equally between those favoring and those 
        opposing the motion. An amendment to the motion is not in 
        order, and it is not in order to move to reconsider the vote by 
        which the motion is agreed to or disagreed to.
            (3) Only 1 motion to discharge a particular committee may 
        be adopted under this subsection in any session of Congress.
            (4) Notwithstanding paragraph (1), it shall not be in order 
        to move to discharge a committee from further consideration of 
        medicare funding legislation pursuant to this subsection during 
        a session of Congress if, during the previous session of the 
        Congress, the House of Representatives passed medicare funding 
        legislation for which there is an affirmative certification 
        under subsection (b)(3)(A).
    (d) Floor Consideration in the House of Discharged Legislation.--
            (1) In the House, not later than 3 legislative days after 
        any committee has been discharged from further consideration of 
        legislation under subsection (c), the Speaker shall resolve the 
        House into the Committee of the Whole for consideration of the 
        legislation.
            (2) The first reading of the legislation shall be dispensed 
        with. All points of order against consideration of the 
        legislation are waived. General debate shall be confined to the 
        legislation and shall not exceed 5 hours, which shall be 
        divided equally between those favoring and those opposing the 
        legislation. After general debate the legislation shall be 
        considered for amendment under the 5-minute rule. During 
        consideration of the legislation, no amendments shall be in 
        order in the House of Representatives or in the Committee of 
        the Whole except those for which there has been an affirmative 
        certification under subsection (b)(3)(B). All points of order 
        against consideration of any such amendment in the Committee of 
        the Whole are waived. The legislation, together with any 
        amendments which shall be in order, shall be considered as 
        read. During the consideration of the bill for amendment, the 
        Chairman of the Committee of the Whole may accord priority in 
        recognition on the basis of whether the Member offering an 
        amendment has caused it to be printed in the portion of the 
        Congressional Record designated for that purpose in clause 8 of 
        Rule XVIII of the Rules of the House of Representatives. Debate 
        on any amendment shall not exceed 1 hour, which shall be 
        divided equally between those favoring and those opposing the 
        amendment, and no pro forma amendments shall be offered during 
        the debate. The total time for debate on all amendments shall 
        not exceed 10 hours. At the conclusion of consideration of the 
        legislation for amendment, the Committee shall rise and report 
        the legislation to the House of Representatives with such 
        amendments as may have been adopted. The previous question 
        shall be considered as ordered on the legislation and 
        amendments thereto to final passage without intervening motion 
        except one motion to recommit with or without instructions. If 
        the Committee of the Whole rises and reports that it has come 
        to no resolution on the bill, then on the next legislative day 
        the House of Representatives shall, immediately after the third 
        daily order of business under clause 1 of Rule XIV of the Rules 
        of the House of Representatives, resolve into the Committee of 
        the Whole for further consideration of the bill.
            (3) All appeals from the decisions of the Chair relating to 
        the application of the Rules of the House of Representatives to 
        the procedure relating to any such legislation shall be decided 
        without debate.
            (4) Except to the extent specifically provided in the 
        preceding provisions of this subsection, consideration of any 
        such legislation and amendments thereto (or any conference 
        report thereon) shall be governed by the Rules of the House of 
        Representatives applicable to other bills and resolutions, 
        amendments, and conference reports in similar circumstances.
    (e) Legislative Day Defined.--As used in this section, the term 
``legislative day'' means a day on which the House of Representatives 
is in session.
    (f) Restriction on Waiver.--In the House of Representatives, the 
provisions of this section may be waived only by a rule or order 
proposing only to waive such provisions.
    (g) Rulemaking Power.--The provisions of this section are enacted 
by the Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and, as such, shall be considered as part of 
        the rules of that House of Representatives and shall supersede 
        other rules only to the extent that they are inconsistent 
        therewith; and
            (2) with full recognition of the constitutional right of 
        that House to change the rules (so far as they relate to the 
        procedures of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 5. PROCEDURES IN THE SENATE.

    (a) Introduction and Referral of President's Legislative 
Proposal.--
            (1) Introduction.--In the case of a legislative proposal 
        submitted by the President pursuant to section 1105(i) of title 
        31, United States Code, within the 15-day period specified in 
        paragraph (1) of such section, the majority leader and minority 
        leader of the Senate (or their designees) shall introduce such 
        proposal (by request), the title of which is as follows: ``A 
        bill to respond to a medicare part D funding warning.'' Such 
        bill shall be introduced within 3 days of session after 
        Congress receives such proposal.
            (2) Referral.--Any legislation introduced pursuant to 
        paragraph (1) shall be referred to the Committee on Finance.
    (b) Medicare Funding Legislation.--For purposes of this section, 
the term ``medicare funding legislation'' means--
            (1) legislation introduced pursuant to subsection (a)(1), 
        but only if the legislative proposal upon which the legislation 
        is based was submitted within the 15-day period referred to in 
        such subsection; or
            (2) any bill the title of which is as follows: ``A bill to 
        respond to a medicare part D funding warning.''.
    (c) Qualification for Special Procedures.--
            (1) In general.--The special procedures set forth in 
        subsections (d) and (e) shall apply to medicare funding 
        legislation, as described in subsection (b), only if the 
        legislation--
                    (A) is medicare funding legislation that is passed 
                by the House of Representatives; or
                    (B) contains matter within the jurisdiction of the 
                Committee on Finance in the Senate.
            (2) Failure to qualify for special procedures.--If the 
        medicare funding legislation does not satisfy paragraph (1), 
        then the legislation shall be considered under the ordinary 
        procedures of the Standing Rules of the Senate.
    (d) Discharge.--
            (1) In general.--If the Committee on Finance of the Senate 
        has not reported medicare funding legislation described in 
        subsection (c)(1) by June 30 of a year in which the President 
        is required to submit medicare funding legislation to Congress 
        under section 1105(i) of title 31, United States Code, then any 
        Senator may move to discharge the Committee of any single 
        medicare funding legislation measure. Only 1 such motion shall 
        be in order in any session of Congress.
            (2) Debate limits.--Debate in the Senate on any such motion 
        to discharge, and all appeals in connection therewith, shall be 
        limited to not more than 2 hours. The time shall be equally 
        divided between, and controlled by, the maker of the motion and 
        the majority leader, or their designees, except that in the 
        event the majority leader is in favor of such motion, the time 
        in opposition thereto shall be controlled by the minority 
        leader or the minority leader's designee. A point of order 
        under this subsection may be made at any time. It is not in 
        order to move to proceed to another measure or matter while 
        such motion (or the motion to reconsider such motion) is 
        pending.
            (3) Amendments.--No amendment to the motion to discharge 
        shall be in order.
            (4) Exception if certified legislation enacted.--
        Notwithstanding paragraph (1), it shall not be in order to 
        discharge the Committee from further consideration of medicare 
        funding legislation pursuant to this subsection during a 
        session of a Congress if the chairman of the Committee on the 
        Budget of the Senate certifies that medicare funding 
        legislation has been enacted that eliminates excess general 
        revenue medicare funding (as defined in section 2(c)) for each 
        fiscal year in the period beginning with the fiscal year for 
        which the determination is made and ending on September 30, 
        2013.
    (e) Consideration.--After the date on which the Committee on 
Finance of the Senate has reported medicare funding legislation 
described in subsection (c)(1), or has been discharged (under 
subsection (d)) from further consideration of, such legislation, it is 
in order (even though a previous motion to the same effect has been 
disagreed to) for any Member of the Senate to move to proceed to the 
consideration of such legislation.
    (f) Rules of the Senate.--This section is enacted by the Senate--
            (1) as an exercise of the rulemaking power of the Senate 
        and as such it is deemed a part of the rules of the Senate, but 
        applicable only with respect to the procedure to be followed in 
        the Senate in the case of a bill described in this paragraph, 
        and it supersedes other rules only to the extent that it is 
        inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        the Senate to change the rules (so far as relating to the 
        procedure of the Senate) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of the 
        Senate.
                                 <all>