II 109th CONGRESS 1st Session S. 581 IN THE SENATE OF THE UNITED STATES March 9, 2005 Mr. Graham (for himself and Mr. Sessions) introduced the following bill; which was read twice and referred to the Committee on Finance 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.

1.

Short title

This Act may be cited as the Medicare Prescription Drug Cost Containment Act of 2005.

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

Beginning in 2006, 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 on the following: (A)

Projection

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. (B)

Look back

Whether there was excess general revenue medicare prescription drug funding (as defined in subsection (b)) in the fiscal year ending September 30 of the year prior to the year in which such 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 by the Secretary under either subparagraph (A) or (B) of paragraph (1) 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.

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 2005 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 2005) 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, as added by subsection (a), 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.

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, as added by section 3(a), 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(b)) 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, as added by section 3(a), 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 1 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 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 the 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.

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, as added by section 3(a), 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, as added by section 3(a), 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)

Amendment

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 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.