text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Medicare Prescription Drug Cost 
  Containment Act of 2004''.
  
  SEC. 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.--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 as to 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.
              (2) Medicare part d funding warning.--For purposes of 
          section 1105(i) of title 31, United States Code, and this Act, 
          an affirmative determination under paragraph (1) by the 
          Secretary 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''.
  
  SEC. 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 2004 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 2004) 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, 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.
  
  SEC. 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, 
          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(c)) 
                  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, 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 one 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 the 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 that 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.
  
  SEC. 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, 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, 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) Amendments.--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 a 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.
target: Medicare Prescription Drug Cost Containment Act of 2004 - Directs the Secretary of Health and Human Services, on the same date on which the President submits a budget to Congress, to determine to Congress whether excess general revenue Medicare prescription drug funding is projected for the fiscal year for which the budget is submitted. Treats an affirmative determination as a Medicare part D (Voluntary Prescription Drug Benefit Program) funding warning in the fiscal year beginning on October 1 of the year in which the determination is made.
  
  Amends Federal money and finance law, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to direct the President to submit to Congress proposed legislation to respond to such a warning within 15 days after the budget submission to Congress for the succeeding year. States that such requirement shall not apply if, during the year in which the warning is made, legislation is enacted which eliminates excess general revenue Medicare funding for the period beginning with the fiscal year for which the determination is made through September 30, 2013, as certified by the Board of Trustees of the Federal Supplementary Medical Insurance Trust Fund.
  
  Expresses the sense of Congress that legislation submitted by the President in response to a warning should be designed to eliminate excess general revenue Medicare funding for the period that begins with the fiscal year for which the determination is made through September 30, 2013.
  
  Sets out the special procedures for House and Senate consideration of the President's legislative proposal in response to such warning.
feat_title: 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.