‘‘(2) LABELING
OF
SHIPPING
CONTAINER.— 
Shipments of drugs described in subsection (a) shall 
include a label on the shipping container that incor-
porates the technologies described in subsection (b), 
so that officials inspecting the packages will be able 
to determine the authenticity of the shipment. Chain 
of custody procedures shall apply to such labels and 
shall include procedures applicable to contractual 
agreements for the use and distribution of the labels, 
methods to audit the use of the labels, and database 
access for the relevant governmental agencies for 
audit or verification of the use and distribution of 
the labels.’’. 
Subtitle B—Quality Control and 
Cost Containment Blue Ribbon 
Task Force 
SEC. 211. TASK FORCE. 
(a) ESTABLISHMENT.—There is established a perma-
nent bipartisan advisory committee (appointed by the con-
gressional officials specified in subsection (c)), to be 
known as the Quality Control and Cost Containment Blue 
Ribbon Task Force (in this section referred to as the 
‘‘Task Force’’). 
(b) DUTIES.—The duties of the Task Force shall be 
the following:
(1) To study the following: 
(A) The most cost-effective ways to reduce 
the costs of prescription drug costs without 
compromising quality. 
(B) The use of generic drugs and imported 
drugs to reduce the costs of prescription drugs 
under the medicare program. 
(C) The effect of patents and other intel-
lectual property rights on the costs of prescrip-
tion drugs, including all possible options to re-
duce such costs through more innovative and 
flexible patent laws. 
(D) The impact of both government and 
private research and development on the costs 
of prescription drugs, including all possible op-
tions to reduce such costs through more innova-
tive and flexible ways to research and develop 
new prescription drugs. 
(2) To provide testimony to the Congress on 
ways to contain prescription drug costs without com-
promising quality. 
(3) To submit an annual report under sub-
section (f). 
(c) MEMBERSHIP.—
(1) APPOINTMENT.—The Task Force shall be 
composed of 20 members, as follows: 
(A) 5 members, appointed by the Chair-
man of the Committee on Energy and Com-
merce of the House of Representatives. 
(B) 5 members, appointed by the ranking 
member of the Committee on Energy and Com-
merce of the House of Representatives. 
(C) 5 members, appointed by the Chair-
man of the Committee on Commerce, Science, 
and Transportation of the Senate. 
(D) 5 members, appointed by the ranking 
member of the Committee on Commerce, 
Science, and Transportation of the Senate. 
(2) QUALIFICATIONS.—The members of the 
Task Force shall be appointed from among aca-
demics, economists, physicians, representatives of 
nongovernmental organizations, and scientists, who 
are experts in the fields of business, economics, med-
icine, and patent law. 
(3) TERM.—Each member of the Task Force 
shall be appointed for a term of not more than 3 
years and may be reappointed for 1 or more addi-
tional terms.
(4) VACANCIES.—Any member appointed to fill 
a vacancy occurring before the expiration of the 
term for which the member’s predecessor was ap-
pointed shall be appointed only for the remainder of 
that term. A member may serve after the expiration 
of that member’s term until a successor has taken 
office. A vacancy in the Task Force shall be filled 
in the manner in which the original appointment was 
made. 
(5) BASIC PAY; TRAVEL EXPENSES.—Members 
of the Task Force shall serve without pay, except 
that each member shall receive travel expenses, in-
cluding per diem in lieu of subsistence, in accord-
ance with applicable provisions under subchapter I 
of chapter 57 of title 5, United States Code. 
(d) STAFF OF TASK FORCE.— 
(1) APPOINTMENT.—The Task Force may ap-
point and fix the pay of not more than 5 staff mem-
bers. 
(2) APPLICABILITY OF CERTAIN CIVIL SERVICE 
LAWS.—The staff of the Task Force may be ap-
pointed without regard to the provisions of title 5, 
United States Code, governing appointments in the 
competitive service, and may be paid (to the extent 
and in the amounts provided in advance in appro-
priation Acts) without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of that 
title relating to classification and General Schedule 
pay rates. 
(e) HEARINGS
AND SESSIONS.—The Task Force 
may, for the purpose of carrying out this section, hold 
hearings, sit and act at times and places, take testimony, 
and receive evidence as the Task Force considers appro-
priate. 
(f) REPORTS.— 
(1) IN GENERAL.—The Task Force shall pro-
vide an annual report to the President, the Con-
gress, and the Centers for Medicare & Medicaid 
Services on the results of the studies conducted by 
the Task Force under subsection (b). 
(2) DISSENTING OPINIONS.—The Task Force 
shall give each Member of the Task Force an oppor-
tunity to include a dissenting opinion in each annual 
report under this subsection. 
(g) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
$400,000 for fiscal year 2006 and each subsequent fiscal 
year.
TITLE III—DEFENSE OF 
MEDICARE 
SEC. 301. ELIMINATION OF PRIVATIZATION OF MEDICARE. 
(a) REPEAL OF COMPARATIVE COST ADJUSTMENT 
(CCA) PROGRAM.—Subtitle E of title II of the Medicare 
Prescription Drug, Improvement, and Modernization Act 
of 2003, and the amendments made by such subtitle, are 
repealed. 
(b) PROHIBITION OF PRIVATIZATION.—No provision 
of law, including the new prescription drug program under 
part D of title XVIII of the Social Security Act, shall be 
applied in a manner that prevents a medicare beneficiary 
from continuing to obtain benefits under a traditional fee- 
for-service medicare program. 
SEC. 302. REPEAL OF MA REGIONAL PLAN STABILIZATION 
FUND. 
(a) IN GENERAL.—Section 1858 of the Social Secu-
rity Act, as added by section 221(c) of the Medicare Pre-
scription Drug, Improvement, and Modernization Act of 
2003, is amended— 
(1) by striking subsection (e); 
(2) by redesignating subsections (f), (g), and 
(h) as subsections (e), (f), and (g), respectively; and 
(3) in subsection (e), as so redesignated, by 
striking ‘‘subject to subsection (e),’’.
(b) CONFORMING AMENDMENT.—Section 1851(i)(2) 
of the Social Security Act (42 U.S.C. 1395w–21(i)(2)), as 
amended by section 221(d)(5) of the Medicare Prescrip-
tion Drug, Improvement, and Modernization Act of 2003, 
is amended by striking ‘‘1858(h)’’ and inserting 
‘‘1858(g)’’. 
SEC. 303. REPEAL OF HEALTH SAVINGS ACCOUNTS. 
Section 1201 of the Medicare Prescription Drug, Im-
provement, and Modernization Act of 2003, and the 
amendments made by such section, are repealed. 
SEC. 304. APPLICATION OF RISK ADJUSTMENT REFLECT-
ING CHARACTERISTICS FOR THE ENTIRE 
MEDICARE POPULATION. 
Effective January 1, 2006, in applying risk adjust-
ment factors to payment to organizations under section 
1853 of the Social Security Act (42 U.S.C. 1395w–23) 
in a budget neutral manner, the Secretary of Health and 
Human Services shall assure that such factors, in the ag-
gregate, take into account the actuarial characteristics of 
the entire medicare population, and not merely the popu-
lation of individuals enrolled under a plan under part C 
of title XVIII of such Act.
SEC. 305. PHASE-IN TO PAYMENT AT 100 PERCENT OF FEE- 
FOR-SERVICE RATE. 
Notwithstanding any other provision of law, the Sec-
retary of Health and Human Services shall provide, in a 
phased-in manner over a 5-year period beginning with 
2006, for adjustment of payment rates to organizations 
under section 1853 of the Social Security Act so that, at 
the end of such phase-in period, such payment rates reflect 
only the payment rate described in subsection (c)(1)(D) 
of such section (relating to 100 percent fee-for-service pay-
ment). 
SEC. 306. REPEAL OF MEDICARE EXPENDITURE CAP. 
Subtitle A of title VIII of the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 is re-
pealed. 
SEC. 
307. 
CONTINUOUS 
OPEN 
ENROLLMENT 
IN 
MEDICAREADVANTAGE PLANS. 
Section 1851(e)(2) of the Social Security Act (42 
U.S.C. 1395w–21(e)(2)) is amended to read as follows: 
‘‘(2) OPEN ENROLLMENT AND DISENROLLMENT 
OPPORTUNITIES.—Subject to paragraph (5), an MA 
eligible individual may change the election under 
subsection (a)(1) at any time and without any pen-
alty or charge.’’.
SEC. 308. EFFECTIVE DATE. 
(a) IN GENERAL.—The amendments made by this 
title shall take effect as if included in the enactment of 
the Medicare Prescription Drug, Improvement, and Mod-
ernization Act of 2003. 
(b) APPLICATION OF LAWS.—If any amendment to 
any provision of any Act is repealed by this title, such pro-
vision shall be restored, applied, and administered as if 
the amendment had never been enacted. 
Æ