    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 115th Congress]
    [115th Congress]
    [House Document 114-192]
    [Legislate Procedures Enacted in Law]
    [Pages 1316-1323]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    33. Independent Payment Advisory Board; Social Security Act, Sec. 1899A

                               [42 U.S.C. 1395kkk]

                 Sec. 1899A. independent payment advisory board.

              (a) Establishment.--There is established an independent board

            to be known as the `Independent Payment Advisory Board'.

                                      * * *

              (c) Board Proposals.--

                      (1) Development.--

                          (A) In General.--The Board shall develop detailed

                        and specific proposals related to the Medicare

                        program in accordance with the succeeding provisions

                        of this section.

                                      * * *

                      (3) Submission of Board Proposal to Congress and the

                    President.--

                          (A) In General.--

                            (i) In General.--Except as provided in clause

                        (ii) and subsection (f)(3)(B), the Board shall

                        submit a proposal under this section to Congress and

                        the President on January 15 of each year (beginning

                        with 2014).

    [[Page 1317]]

                                      * * *

                          (B) Required Information.--Each proposal submitted

                        by the Board under subparagraph (A)(i) shall

                        include--

                            (i) the recommendations described in paragraph

                        (2)(A)(i);

                            (ii) an explanation of each recommendation

                        contained in the proposal and the reasons for

                        including such recommendation;

                            (iii) an actuarial opinion by the Chief Actuary

                        of the Centers for Medicare & Medicaid Services

                        certifying that the proposal meets the requirements

                        of subparagraphs (A)(i) and (C) of paragraph (2);

                            (iv) a legislative proposal that implements the

                        recommendations; and

                            (v) other information determined appropriate by

                        the Board.

                      (4) Presidential Submission to Congress.--Upon

                    receiving a proposal from the Secretary under paragraph

                    (5), the President shall within 2 days submit such

                    proposal to Congress.

                                      * * *

              (d) Congressional Consideration.--

                      (1) Introduction.--

                          (A) In General.--On the day on which a proposal is

                        submitted by the Board or the President to the House

                        of Representatives and the Senate under subsection

                        (c)(3)(A)(i) or subsection (c)(4), the legislative

                        proposal (described in subsection (c)(3)(B)(iv))

                        contained in the proposal shall be introduced (by

                        request) in the Senate by the majority leader of the

                        Senate or by Members of the Senate designated by the

                        majority leader of the Senate and shall be

                        introduced (by request) in the House by the majority

                        leader of the House or by Members of the House

                        designated by the majority leader of the House.

                          (B) Not in Session.--If either House is not in

                        session on the day on which such legislative

                        proposal is submitted, the legislative proposal

                        shall be introduced in that House, as provided in

                        subparagraph (A), on the first day thereafter on

    [[Page 1318]]

                        which that House is in session.

                          (C) Any Member.--If the legislative proposal is

                        not introduced in either House within 5 days on

                        which that House is in session after the day on

                        which the legislative proposal is submitted, then

                        any Member of that House may introduce the

                        legislative proposal.

                          (D) Referral.--The legislation introduced under

                        this paragraph shall be referred by the Presiding

                        Officers of the respective Houses to the Committee

                        on Finance in the Senate and to the Committee on

                        Energy and Commerce and the Committee on Ways and

                        Means in the House of Representatives.

                      (2) Committee Consideration of Proposal.--

                          (A) Reporting Bill.--Not later than April 1 of any

                        proposal year in which a proposal is submitted by

                        the Board or the President to Congress under this

                        section, the Committee on Ways and Means and the

                        Committee on Energy and Commerce of the House of

                        Representatives and the Committee on Finance of the

                        Senate may report the bill referred to the Committee

                        under paragraph (1)(D) with committee amendments

                        related to the Medicare program.

                          (B) Calculations.--In determining whether a

                        committee amendment meets the requirement of

                        subparagraph (A), the reductions in Medicare program

                        spending during the 3-month period immediately

                        preceding the implementation year shall be counted

                        to the extent that such reductions are a result of

                        the implementation provisions in the committee

                        amendment for a change in the payment rate for an

                        item or service that was effective during such

                        period pursuant to such amendment.

                          (C) Committee Jurisdiction.--Notwithstanding rule

                        XV of the Standing Rules of the Senate, a committee

                        amendment described in subparagraph (A) may include

                        matter not within the jurisdiction of the Committee

                        on Finance if that matter is relevant to a proposal

                        contained in the bill submitted under subsection

                        (c)(3).

                          (D) Discharge.--If, with respect to the House

                        involved, the committee has not reported the bill by

    [[Page 1319]]

                        the date required by subparagraph

                        (A), the committee shall be discharged from further

                        consideration of the proposal.

                      (3) Limitation on Changes to the Board

                    Recommendations.--

                          (A) In General.--It shall not be in order in the

                        Senate or the House of Representatives to consider

                        any bill, resolution, or amendment, pursuant to this

                        subsection or conference report thereon, that fails

                        to satisfy the requirements of subparagraphs (A)(i)

                        and (C) of subsection (c)(2).

                          (B) Limitation on Changes to the Board

                        Recommendations in Other Legislation.--It shall not

                        be in order in the Senate or the House of

                        Representatives to consider any bill, resolution,

                        amendment, or conference report (other than pursuant

                        to this section) that would repeal or otherwise

                        change the recommendations of the Board if that

                        change would fail to satisfy the requirements of

                        subparagraphs (A)(i) and (C) of subsection (c)(2).

                          (C) Limitation on Changes to this Subsection.--It

                        shall not be in order in the Senate or the House of

                        Representatives to consider any bill, resolution,

                        amendment, or conference report that would repeal or

                        otherwise change this subsection.

                                      * * *

                      (4) Expedited Procedure.--

                                      * * *

                          (C) Consideration by the Other House.--

                            (i) In General.--The expedited procedures

                        provided in this subsection for the consideration of

                        a bill introduced pursuant to paragraph (1) shall

                        not apply to such a bill that is received by one

                        House from the other House if such a bill was not

                        introduced in the receiving House.

                            (ii) Before Passage.--If a bill that is

                        introduced pursuant to paragraph (1) is received by

                        one House from the other House, after introduction

                        but before disposition of such a bill in the

    [[Page 1320]]

                        receiving House, then the following shall apply:

                              (I) The receiving House shall consider the

                        bill introduced in that House through all stages of

                        consideration up to, but not including, passage.

                              (II) The question on passage shall be put on

                        the bill of the other House as amended by the

                        language of the receiving House.

                            (iii) After Passage.--If a bill introduced

                        pursuant to paragraph (1) is received by one House

                        from the other House, after such a bill is passed by

                        the receiving House, then the vote on passage of the

                        bill that originates in the receiving House shall be

                        considered to be the vote on passage of the bill

                        received from the other House as amended by the

                        language of the receiving House.

                            (iv) Disposition.--Upon disposition of a bill

                        introduced pursuant to paragraph (1) that is

                        received by one House from the other House, it shall

                        no longer be in order to consider the bill that

                        originates in the receiving House.

                            (v) Limitation.--Clauses (ii), (iii), and (iv)

                        shall apply only to a bill received by one House

                        from the other House if the bill--

                              (I) is related only to the program under this

                        title; and

                              (II) satisfies the requirements of

                        subparagraphs (A)(i) and (C) of subsection (c)(2).

                                      * * *

                          (E) Consideration in Conference.--

                            (i) In General.--Consideration in the Senate and

                        the House of Representatives on the conference

                        report or any messages between Houses shall be

                        limited to 10 hours, equally divided and controlled

                        by the majority and minority leaders of the Senate

                        or their designees and the Speaker of the House of

                        Representatives and the minority leader of the House

                        of Representatives or their designees.

                                      * * *

                            (iv) Limitation.--Clauses (i) through (iii)

                        shall only apply to a conference report, message or

                        the amendments thereto if the conference report,

    [[Page 1321]]

                        message, or an amendment thereto--

                              (I) is related only to the program under this

                        title; and

                              (II) satisfies the requirements of

                        subparagraphs (A)(i) and (C) of subsection (c)(2).

    * * * * *

    [[Page 1323]]

    ========================================================================

      Section 1899A was added by the Patient Protection and Affordable Care
    Act, as modified by the Health Care and Education Reconciliation Act of
    2010 (P.L. 111-148; P.L. 111-152). The House has provided that
    subsection (d) not apply during a Congress (sec. 3(a), H. Res. 5, Jan.
    3, 2013, p. _; sec. 3(a), H. Res. 5, Jan. 6, 2015, p. _; sec. 3(c), H.
    Res. 5, Jan. 3, 2017, p. _).