[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]]


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  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. _).