[Congressional Record (Bound Edition), Volume 148 (2002), Part 8]
[House]
[Page 11267]
[From the U.S. Government Publishing Office, www.gpo.gov]


                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 4954

                        Offered By Mr. Manzullo

       Amendment No. 1: Amend section 1860C of the Social Security 
     Act (as proposed to be inserted by section 101(a)(2))--
       (1) in subsection (c)(1)(A), to read as follows:
       ``(A) In general.--The PDP sponsor of the prescription drug 
     plan shall enter into contracts with a sufficient number of 
     pharmacies that dispense drugs directly to patients (in 
     addition to any pharmacies that dispense drugs by mail order) 
     to ensure convenient access for enrolled beneficiaries under 
     standards established by regulations promulgated by the 
     Administrator'';
       (2) in subsection (c)(1), by adding at the end the 
     following new subparagraph:
       ``(C) Uniform terms and conditions.--The terms and 
     conditions of the contracts entered into between PDP sponsors 
     and each dispensing pharmacy described in this subsection 
     must be identical.'';
       (3) in subsection (d)(2)(D), by striking ``shall'' and all 
     that follows and inserting ``shall establish fees, pursuant 
     to standards established by regulations promulgated by the 
     Administrator, for pharmacists and others providing services 
     under this section on a fee-for-service basis taking into 
     account the resources expended in providing the service.''; 
     and
       (4) by adding at the end the following new subsection:
       ``(h) Prohibition on Price Discrimination Within 
     Networks.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, including under this title, all terms and conditions of 
     sales, including wholesale lot prices and rebates (if any), 
     between pharmaceutical manufacturers and dispensing 
     pharmacies within the network established by each PDP sponsor 
     under this section shall be identical.
       ``(2) Construction.--Nothing in this subsection shall be 
     construed to prohibit a pharmaceutical manufacturer from 
     establishing different terms and conditions for different 
     networks.
       ``(3) Regulations.--The Administrator shall promulgate 
     regulations to implement this subsection.''.

       At the end of title I, add the following new section:

     SEC. 106. PROMULGATION AND JUDICIAL REVIEW OF RULES.

       (a) Promulgation of Rules.--Notwithstanding any other 
     provision of law, within one year after the date of the 
     enactment of this Act, the Medicare Benefits Administrator 
     shall publish final rules in the Federal Register to 
     implement this title in accordance with the notice and 
     comment requirements of paragraphs (1), (2), and (3) of 
     section 553(b) of title 5, United States Code, except that 
     the Secretary shall promulgate regulations implementing 
     subsections (c)(1)(A), (c)(1)(C) and (d)(2)(D) of section 
     1860C, as added by section 101(a)(2) within 120 days after 
     enactment.
       (b) Initial Regulatory Flexibility Analysis.--The 
     Secretary, or the Medicare Benefits Administrator, shall 
     prepare an initial regulatory flexibility analysis pursuant 
     to section 603 of title 5, United States Code consistent with 
     the following:
       (1) Prior to the publication of the initial regulatory 
     flexibility analysis, the Administrator shall notify the 
     Chief Counsel for Advocacy of the Small Business 
     Administration and provide the Chief Counsel with information 
     on the potential impacts of the proposed rule on small 
     entities and the type of small entities that might be 
     affected.
       (2) Not later than 15 days after the date of receipt of the 
     information described in paragraph (1), the Chief Counsel 
     shall identify individuals representative of affected small 
     entities, but need not themselves be small entities, for the 
     purposes of obtaining advice and recommendations from those 
     individuals about the potential impacts of the proposed rule.
       (3) The Medicare Benefits Administrator shall convene a 
     review panel for such rule consisting wholly of full time 
     Federal employees of the Small Business Administration, the 
     Office of Information and Regulatory Affairs within the 
     Office of Management and Budget, and the Chief Counsel.
       (4) The panel created by paragraph (3) shall review any 
     material the agency has prepared in preparation of the 
     proposed rule, the draft proposed rule, and the initial 
     regulatory flexibility analysis, collect advice and 
     recommendations from the small entity representatives 
     identified in paragraph (2) on issues related to the 
     requirements of the initial regulatory flexibility analysis 
     set forth in subsections (b) and (c) of section 603 of title 
     5, United States Code.
       (5) Not later than 60 days after the date the Medicare 
     Benefits Administrator convenes a review panel pursuant to 
     paragraph (3), the reviewing panel shall report on the 
     comments of the small entity representatives and its findings 
     as to issues related to the initial regulatory flexibility 
     analysis prepared pursuant to section 603 of title 5, United 
     States Code, provided that such report shall be made public 
     as part of the rulemaking record.
       (6) Where appropriate, the Medicare Benefits Administrator 
     shall modify the proposed rule, the initial regulatory 
     flexibility analysis.
       (7) After receipt of comments pursuant to paragraphs (1), 
     (2), and (3) of section 553(b) of title 5, United States 
     Code, the Medicare Benefits Administrator shall issue a final 
     rule and shall prepare a final regulatory flexibility 
     analysis pursuant to section 604 of title 5, United States 
     Code.
       (c) Limitation on Changes to Rules.--Notwithstanding any 
     other provision of law, any amendment to the rules 
     promulgated pursuant to this section and implementing this 
     title shall only be issued after the opportunity for notice 
     and comment as mandated by paragraphs (1), (2), and (3) of 
     section 553(b) of title 5, United States Code.
       (d) Judicial Review.--Notwithstanding any other provision 
     of law, regulations promulgated under this shall be subject 
     to review in the manner set forth in chapter of title 28, 
     United States Code except that any party aggrieved shall file 
     a petition for review within 30 days after publication of the 
     final rule in the Federal Register. Any challenge, pursuant 
     to section 610 of title 5, United States Code shall be 
     consolidated with the petition for review set forth in this 
     subsection.

                               H.R. 5010

                       Offered By Mr. Blumenauer

       Amendment No. 1: In the item relating to ``Research, 
     Development, Test and Evaluation, Defense-Wide'', after the 
     dollar amount, insert the following: ``(increased by 
     $5,000,000)(reduced by $5,000,000)''.