49–008 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–303 

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. 

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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)— 

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(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 noncash 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 acquirVerDate Aug 31 2005 02:11 Nov 18, 2005 Jkt 049008 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR303.XXX HR303
4 

ing 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. 

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