[House Report 109-303]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-303
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PROVIDING FOR CONSIDERATION OF H.R. 4241, DEFICIT REDUCTION ACT OF 2005
_______
November 17 (legislative day, November 16), 2005.--Referred to the
House Calendar and ordered to be printed
_______
Mr. Putnam, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 560]
The Committee on Rules, having had under consideration
House Resolution 560, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for the consideration of H.R. 4241,
Deficit Reduction Act of 2005, under a closed rule. The rule
provides two hours of debate in the House equally divided and
controlled by the chairman and ranking minority member of the
Committee on the Budget.
The rule waives all points of order against consideration
of the bill. The rule provides that the amendment printed in
this report shall be considered as adopted. The rule waives all
points of order against provisions in the bill, as amended. The
rule provides one motion to recommit with or without
instructions.
Section 2 of the rule provides that, notwithstanding the
operation of the previous question, the Chair may postpone
further consideration of the bill to a time designated by the
Speaker.
Section 3 of the rule provides that after passage of H.R.
4241, it shall be in order to take from the Speaker's table S.
1932 and to consider the Senate bill in the House. The rule
waives all points of order against S. 1932 and against its
consideration. The rule provides for a motion to strike all
after the enacting clause of S. 1932 and to insert in lieu
thereof the provisions of H.R. 4241 as passed by the House.
Finally, the rule waives all points of order against the motion
to strike and insert.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill includes a waiver of clause 4(a) of rule XIII
(requiring a three-day availability of the committee report).
The waiver is necessary because while the Committee on the
Budget filed its report (H. Rept. 109-276) on November 7, 2005,
the printed version of the report was not available until
November 16, 2005.
SUMMARY OF AMENDMENT TO BE CONSIDERED AS ADOPTED
(Summary provided by the amendment sponsor.)
Nussle: Agriculture Title: Grants an exception from the 7-
year residency requirement for food stamp eligibility B as
written in the base bill B for persons with lawful permanent
residence in the United States for at least 5 years upon
enactment who are over 60, or who have pending applications for
U.S. citizenship. Preserves categorical eligibility for school
lunch programs for persons who receive non-cash TANF services.
Energy and Commerce Title: Raises the home equity limit for
determining Medicaid eligibility to $750,000 (from $500,000 in
the reported bill). Maintains the current $3 co-payment rather
than increasing it to $5 as prescribed in the bill. Allows the
Secretary to delay the change in pharmacy reimbursement rates
under Medicaid if a Government Accountability Office report
finds the average prices paid by pharmacies are above the new
reimbursable amounts. Expands the uses of Medicaid
Transformation Grants provided by the Secretary to encourage
the use of generic drugs and reduce Medicaid drug spending.
Resources Title: Drops the provision allowing oil and natural
gas leasing in a portion of the Arctic National Wildlife
Refuge. Drops provisions allowing oil and natural gas leasing
in the Outer Continental Shelf [OCS], including payments to
State and local governments from OCS receipts.
TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED
Page 13, after line 24, insert the following:
(c) Certification for School Lunch Program.--Section 9 of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758)
is amended--
(1) in subsection (b)(12)--
(A) in subparagraph (A)--
(i) in clause (v), by striking ``;
or'' and inserting a semicolon;
(ii) in clause (vi), by striking the
period and inserting ``; or''; and
(iii) by adding at the end the
following new clause:
``(vii) a member of a household in
which each member receives or is
eligible to receive non-cash or in-kind
benefits under a State program funded
under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.),
and requires participants to have a
gross monthly income at or below 200
percent of the Federal poverty
level.''; and
(B) in subparagraph (B), by striking ``or
assistance'' and inserting ``, benefits, or
assistance''; and
(2) in subsection (d)(2)--
(A) in subparagraph (D), by striking ``; or''
and inserting a semicolon;
(B) in subparagraph (E), by striking the
period and inserting ``; or''; and
(C) by adding at the end the following:
``(F) documentation has been provided to the
local educational agency showing that the
household is one in which each member receives
or is eligible to receive non-cash or in-kind
benefits under a State program funded under
part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.), and requires
participants to have a gross monthly income at
or below 200 percent of the Federal poverty
level.''.
Page 14, strike lines 19 through 25, and insert the
following:
SEC. 1603. RESIDENCY REQUIREMENT.
Section 402(a)(2)(L) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(L))
is amended by striking ``for a period of 5 years or more
beginning'' and inserting the following:
``for a period--
``(1) effective until September 30, 2010--
``(A) for an alien--
``(i)(I) who is 60 years of age or
older; or
``(II) with respect to whom--
``(aa) an application for
naturalization under the
Immigration and Nationality Act
is approved; or
``(bb) such application is
pending under such Act and no
previous application for
naturalization has been
rejected under such Act; and
``(ii) who is a member of a household
that receives food stamp benefits;
as of the date of the enactment of the
Agricultural Reconciliation Act of 2005, of 5
years or more; and
``(B) for an alien with respect to whom
subparagraph (A) does not apply, of 7 years or
more; and
``(2) effective beginning on October 1, 2010, of 5
years or more;
beginning''.
Page 237, line 17, insert ``, Estimated Payment Amounts, and
Pharmacy Acquisition Costs'' after ``Dispensing Fees''.
Page 237, line 21, insert ``, and on whether the estimated
average payment amounts to pharmacies for covered outpatient
drugs under the medicaid program after implementation of the
amendments made by this section are below the average prices
paid by pharmacies for acquiring such drugs'' after
``pharmacies''.
Page 237, after line 24, insert the following new subsection
(and redesignate the succeeding subsection accordingly:
(e) Secretarial Authority to Delay Implementation.--The
Secretary of Health and Human Services may delay the
implementation of the amendments made by subsections (a) and
(b)(3)(C) for a period of not more than 1 year, if the
Comptroller General finds, in the study conducted under
subsection (d), that the estimated average payment amounts to
pharmacies for covered outpatient drugs under the medicaid
program after implementation of such amendments are below the
average prices paid by pharmacies for acquiring such drugs. If
the Secretary delays the implementation of such amendments
under this subsection, the Secretary shall transmit to
Congress, prior to the termination of the period of delay, a
report containing specific recommendations for legislation to
establish a more equitable payment system.
Page 256, line 14, strike ``$500,000'' and insert
``$750,000''.
Page 265, strike line 7 and all that follows through page
266, line 2, and insert the following:
``(4) Indexing nominal amounts.--In applying section
1916 under paragraph (1) with respect to cost sharing
that is `nominal' in amount, the Secretary shall
increase such `nominal' amounts for each year
(beginning with 2006) by the annual percentage increase
in the medical care component of the consumer price
index for all urban consumers (U.S. city average) as
rounded up in an appropriate manner.''.
Page 329, after line 22, insert the following:
``(E) Methods in reducing, in clinically
appropriate ways, expenditures under this title
for covered outpatient drugs, particularly in
the categories of greatest drug utilization, by
increasing the utilization of generic drugs
through the use of education programs and other
incentives to promote greater use of generic
drugs.''.
Strike subtitle A of title VI (beginning at page 527, line
1), and make appropriate conforming changes.
Strike subtitle E of title VI (beginning at page 591, line
1), and make appropriate conforming changes.