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Subtitle H
program in the most recent fiscal year and
projects for the succeeding 3 fiscal years:
(i) The actuarial value of the tradi-
tional medicare benefit package.
(ii) The projected rate of growth of
outlays under the traditional medicare pro-
gram.
(iii) The ability of Medicare Choice or-
ganizations to offer an adequate benefit
package under part C of the medicare pro-
gram.
(iv) The extent of Medicare Choice
products made available to medicare bene-
ficiaries in the different regions of the
country.
(3) RECOMMENDATIONS.—
(A) IN GENERAL.—If a report under para-
graph (2) finds that any of the following prob-
lems exists, the Commission shall include rec-
ommendations to respond to the problem:
(i) The actuarial value of the tradi-
tional medicare benefit package exceeds
the payment rate under the Medicare
Choice program.
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Subtitle H
(ii) The rate of growth of the tradi-
tional medicare program under parts A
and B is projected to result in medicare
outlays exceeding the outlay targets speci-
fied in section 15701.
(iii) The payments under the Medi-
care Choice program are not sufficient to
allow contractors to provide an adequate
benefit package.
(iv) The selection of Medicare Choice
products are limited or not available in
parts of the country.
(B) TYPES OF RECOMMENDATIONS.—The
recommendations provided under subparagraph
(A) may include—
(i) in response to the problem de-
scribed in subparagraph (A)(ii), reduction
in payments to providers under parts A
and B or an increase in cost sharing by
beneficiaries; and
(ii) in response to the problems de-
scribed in subparagraphs (A)(iii) and
(A)(iv), an adjustment to payment rates to
Medicare Choice organizations.
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Subtitle H
Such recommendations may not include any
change that is inconsistent with attaining the
outlay targets specified under section 15701.
(4) PRESIDENTIAL RESPONSE.—If the Commis-
sion reports under this subsection that the goals es-
tablished in section 15701 are not met (or projects
that such goals will not be met during a 3-year pe-
riod), the President shall submit to Congress, within
90 days after the date of submission of the report,
specific legislative recommendations to correct the
problem. Such recommendations may include those
described in paragraph (3)(B) and may not include
any change that is inconsistent with attaining the
outlay targets specified under section 15701.
(5) CONGRESSIONAL CONSIDERATION.—
(A) IN
GENERAL.—The President’s rec-
ommendations submitted under paragraph (4)
shall not apply unless a joint resolution (de-
scribed in subparagraph (B)) approving such
recommendations is enacted, in accordance with
the provisions of subparagraph (C), before the
end of the 60-day period beginning on the date
on which a report containing such recommenda-
tions is submitted by the President under para-
graph (4). For purposes of applying the preced-
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Subtitle H
ing sentence and subparagraphs (B) and (C),
the days on which either House of Congress is
not in session because of an adjournment of
more than three days to a day certain shall be
excluded in the computation of a period.
(B) JOINT RESOLUTION OF APPROVAL.—A
joint resolution described in this subparagraph
means only a joint resolution which is intro-
duced within the 10-day period beginning on
the date on which the report described in sub-
paragraph (A) is submitted and—
(i) which does not have a preamble;
(ii) the matter after the resolving
clause of which is as follows: ‘‘That Con-
gress approves the recommendations of the
President under section 15702(b)(4) of the
Medicare Preservation Act, as submitted
by the President on lllllll.’’,
the blank space being filled in with the ap-
propriate date; and
(iii) the title of which is as follows:
‘‘Joint resolution approving Presidential
recommendations submitted under section
15702(b)(4) of the Medicare Preservation
Act, as submitted by the President on
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Subtitle H
lllllll.’’, the blank space being
filled in with the appropriate date.
(C) PROCEDURES FOR CONSIDERATION OF
RESOLUTION
OF
APPROVAL.—Subject to sub-
paragraph (D), the provisions of section 2908
(other than subsection (a)) of the Defense Base
Closure and Realignment Act of 1990 shall
apply to the consideration of a joint resolution
described in subparagraph (B) in the same
manner as such provisions apply to a joint reso-
lution described in section 2908(a) of such Act.
(D) SPECIAL RULES.—For purposes of ap-
plying subparagraph (C) with respect to such
provisions—
(i) any reference to the Committee on
Armed Services of the House of Represent-
atives shall be deemed a reference to the
Committee on Ways and Means and any
reference to the Committee on Armed
Services of the Senate shall be deemed a
reference to the Committee on Finance of
the Senate; and
(ii) any reference to the date on which
the President transmits a report shall be
deemed a reference to the date on which
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Subtitle H
the President submits the recommenda-
tions under paragraph (4).
(c) MEMBERSHIP.—
(1) APPOINTMENT.—The Commission shall be
composed of 5 members appointed by the President,
of which 4 of whom are appointed from a list (of at
least 5 nominees) submitted by each of the following:
(A) The Speaker of the House of Rep-
resentatives.
(B) The Minority Leader of the House of
Representatives.
(C) The Majority Leader of the Senate.
(D) The Minority Leader of the Senate.
(2) CHAIRMAN
AND
VICE
CHAIRMAN.—The
Commission shall elect a Chairman and Vice Chair-
man from among its members.
(3) VACANCIES.—Any vacancy in the member-
ship of the Commission shall be filled in the manner
in which the original appointment was made and
shall not affect the power of the remaining members
to execute the duties of the Commission.
(4) QUORUM.—A quorum shall consist of 3
members of the Commission, except that 2 members
may conduct a hearing under subsection (e).
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Subtitle H
(e) POWERS.—
(1) HEARINGS
AND
OTHER
ACTIVITIES.—For
the purpose of carrying out its duties, the Commis-
sion may hold such hearings and undertake such
other activities as the Commission determines to be
necessary to carry out its duties.
(2) STUDIES BY GAO.—Upon the request of the
Commission, the Comptroller General shall conduct
such studies or investigations as the Commission de-
termines to be necessary to carry out its duties.
(3) COST
ESTIMATES
BY
CONGRESSIONAL
BUDGET OFFICE.—
(A) Upon the request of the Commission,
the Director of the Congressional Budget Office
shall provide to the Commission such cost esti-
mates as the Commission determines to be nec-
essary to carry out its duties.
(B) The Commission shall reimburse the
Director of the Congressional Budget Office for
expenses relating to the employment in the of-
fice of the Director of such additional staff as
may be necessary for the Director to comply
with requests by the Commission under sub-
paragraph (A).
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Subtitle H
(4) DETAIL OF FEDERAL EMPLOYEES.—Upon
the request of the Commission, the head of any Fed-
eral agency is authorized to detail, without reim-
bursement, any of the personnel of such agency to
the Commission to assist the Commission in carry-
ing out its duties. Any such detail shall not interrupt
or otherwise affect the civil service status or privi-
leges of the Federal employee.
(5) TECHNICAL
ASSISTANCE.—Upon the re-
quest of the Commission, the head of a Federal
agency shall provide such technical assistance to the
Commission as the Commission determines to be
necessary to carry out its duties.
(6) USE OF MAILS.—The Commission may use
the United States mails in the same manner and
under the same conditions as Federal agencies and
shall, for purposes of the frank, be considered a
commission of Congress as described in section 3215
of title 39, United States Code.
(7) OBTAINING
INFORMATION.—The Commis-
sion may secure directly from any Federal agency
information necessary to enable it to carry out its
duties, if the information may be disclosed under
section 552 of title 5, United States Code. Upon re-
quest of the Chairman of the Commission, the head
361
Subtitle H
of such agency shall furnish such information to the
Commission. In particular, the Administrator of the
Health Care Financing Administration and the Di-
rector of the Office of Management and Budget
shall provide the Commission with access to data for
the conduct of its work.
(8) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission on a reimbursable basis such administrative
support services as the Commission may request.
(9) ACCEPTANCE OF DONATIONS.—The Com-
mission may accept, use, and dispose of gifts or do-
nations of services or property.
(10) PRINTING.—For purposes of costs relating
to printing and binding, including the cost of per-
sonnel detailed from the Government Printing Of-
fice, the Commission shall be deemed to be a com-
mittee of the Congress.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section. Amounts appropriated
to carry out this section shall remain available until ex-
pended.
362
Subtitle I
Subtitle I—Lock-Box Provisions for
Medicare Part B Savings from
Growth Reductions
SEC. 15801. ESTABLISHMENT OF MEDICARE GROWTH RE-
DUCTION TRUST FUND FOR PART B SAVINGS.
Part B of title XVIII is amended by inserting after
section 1841 the following new section:
‘‘MEDICARE GROWTH REDUCTION TRUST FUND
‘‘SEC. 1841A. (a)(1) There is hereby created on the
books of the Treasury of the United States a trust fund
to be known as the ‘Federal Medicare Growth Reduction
Trust Fund’ (in this section referred to as the ‘Trust
Fund’). The Trust Fund shall consist of such gifts and
bequests as may be made as provided in section 201(i)(1)
and amounts appropriated under paragraph (2).
‘‘(2) There are hereby appropriated to the Trust
Fund amounts equivalent to 100 percent of the Sec-
retary’s estimate of the reductions in expenditures under
this part that are attributable to the Medicare Preserva-
tion Act of 1995. The amounts appropriated by the pre-
ceding sentence shall be transferred from time to time (not
less frequently than monthly) from the general fund in the
Treasury to the Trust Fund.
‘‘(3)(A) Subject to subparagraph (B), with respect to
monies transferred to the Trust Fund, no transfers, au-
363
Subtitle I
thorizations of appropriations, or appropriations are per-
mitted.
‘‘(B) Beginning with fiscal year 2003, the Secretary
may expend funds in the Trust Fund to carry out this
title, but only to the extent provided by Congress in ad-
vance through a specific amendment to this section.
‘‘(b) The provisions of subsections (b) through (e) of
section 1841 shall apply to the Trust Fund in the same
manner as they apply to the Federal Supplementary Medi-
cal Insurance Trust Fund, except that the Board of Trust-
ees and Managing Trustee of the Trust Fund shall be
composed of the members of the Board of Trustees and
the Managing Trustee, respectively, of the Federal Supple-
mentary Medical Insurance Trust Fund.’’.
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