II

104TH CONGRESS

2D SESSION S. 1859

To create a point of order against legislation which diverts savings achieved

through medicare waste, fraud, and abuse enforcement activities for

purposes other than improving the solvency of the Federal Hospital

Insurance Trust Fund under title XVIII of the Social Security Act,

to ensure the integrity of such trust fund, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 11, 1996

Mr. GRAHAM (for himself and Mr. BAUCUS) introduced the following bill;

which was read twice and referred to the Committee on Rules and Administration

A BILL

To create a point of order against legislation which diverts

savings achieved through medicare waste, fraud, and

abuse enforcement activities for purposes other than improving the solvency of the Federal Hospital Insurance

Trust Fund under title XVIII of the Social Security

Act, to ensure the integrity of such trust fund, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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•S 1859 IS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Medicare Restore

3 Trust Act of 1996’’.

4 SEC. 2. PROHIBITION ON CONSIDERATION OF LEGISLATION

5 THAT DIVERTS SAVINGS ACHIEVED

6 THROUGH MEDICARE WASTE, FRAUD, AND

7 ABUSE ENFORCEMENT ACTIVITIES FOR PUR8 POSES OTHER THAN IMPROVING THE SOL9 VENCY OF THE FEDERAL HOSPITAL INSUR10 ANCE TRUST FUND.

11 (a) POINT OF ORDER.—It shall not be in order in

12 the Senate to consider any bill, conference report, or any

13 other legislation that would use savings achieved through

14 enforcement activities that are intended to combat waste,

15 fraud, and abuse under the medicare program under title

16 XVIII of the Social Security Act as offsets for purposes

17 other than to improve the solvency of the Federal Hospital

18 Insurance Trust Fund established under section 1817 of

19 such Act (42 U.S.C. 1395i) (in this Act referred to as

20 the ‘‘trust fund’’).

21 (b) WAIVER.—The point of order described in sub22 section (a) may be waived or suspended in the Senate by

a 3 23 ⁄5 majority vote of the Senators duly chosen and sworn,

24 or by the unanimous consent of the Senate.

25 (c) APPEALS.—
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•S 1859 IS

1 (1) IN GENERAL.—Appeals in the Senate from

2 decisions of the Chair relating to this section shall

3 be limited to 1 hour, to be equally divided between

4 and controlled by, the appellant and the manager of

5 the bill, conference report, or other legislation, as

6 the case may be.

(2) WAIVER.—An affirmative 3 7 ⁄5 majority vote

8 of the Senators duly chosen and sworn, or a unani9 mous consent agreement of the Senate shall be re10 quired to sustain an appeal of the ruling of the

11 Chair on a point of order raised under this section.

12 SEC. 3. ENSURING THE INTEGRITY OF THE FEDERAL HOS13 PITAL INSURANCE TRUST FUND.

14 (a) DETERMINATION.—Prior to the end of each fiscal

15 year, the Secretary of Health and Human Services (in this

16 section referred to as the ‘‘Secretary’’) and the Attorney

17 General shall jointly determine—

18 (1) the portion of the costs charged during such

19 fiscal year to any account established within the

20 Federal Hospital Insurance Trust Fund under title

21 XVIII of the Social Security Act (42 U.S.C. 1395 et

22 seq.) to combat health care waste, fraud, and abuse,

23 which do not relate to the administration of the

24 medicare program; and
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•S 1859 IS

1 (2) the amount of funds deposited into such ac2 count of such trust fund during such fiscal year that

3 were attributable to enforcement activities that were

4 intended to combat health care waste, fraud, and

5 abuse, which do not relate to the administration of

6 the medicare program.

7 (b) CERTIFICATION.—If the portion determined

8 under paragraph (1) of subsection (a) exceeds the amount

9 determined under paragraph (2) of such subsection, the

10 Secretary and the Attorney General shall certify to the

11 Secretary of the Treasury the amount, which shall be

12 equal to the amount of such excess, which should be trans13 ferred from the General Fund of the Treasury to such

14 trust fund, in order to ensure that such trust fund is fully

15 reimbursed for any expenditures made from the account

16 described in subsection (a) that are not related to the ad17 ministration of the medicare program under title XVIII

18 of the Social Security Act.

19 (c) TRANSFER OF FUNDS.—The Secretary of the

20 Treasury shall transfer to such trust fund from the Gen21 eral Fund of the Treasury, out of any funds in the General

22 Fund that are not otherwise appropriated, an amount

23 equal to the amount certified under subsection (b).

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