H.R. 3 - Elijah E. Cummings Lower Drug Costs Now Act

Bill Text

    Rules Committee Print 116-41 PDF XML

    Showing the text of H.R. 3, as ordered reported by the Committee on Energy and Commerce, the Committee on Ways and Means, and the Committee on Education and Labor, with modifications.

    Text of H.R. 3

    • As reported by the Committee on Energy and Commerce  PDF  XML
    • As reported by the Committee on Ways and Means  PDF  XML
    • As reported by the Committee on Education and Labor  PDF  XML

    H. Rept. 116-324, Part 1 PDF

    Report from the Committee on Energy and Commerce to accompany H.R. 3

    H. Rept. 116-324, Part 2 PDF

    Report from the Committee on Ways and Means to accompany H.R. 3

    H. Rept. 116-324, Part 3 PDF

    Report from the Committee on Education and Labor to accompany H.R. 3 (as prepared to be filed)

    Comparative Print PDF

    Comparing the base document H.R. 3, as reported by the Committee on Energy and Commerce, with the Rules Committee Print 116-41.

    Comparative Print PDF

    Comparing the base document H.R. 3, as reported by the Committee on Ways and Means, with the Rules Committee Print 116-41.

    Comparative Print PDF

    Comparing the base document H.R. 3, as reported by the Committee on Education and Labor, with the Rules Committee Print 116-41.

Rule Information

COMMITTEE ACTION:
REPORTED BY A RECORD VOTE OF 8-3 on Tuesday, December 10, 2019.

FLOOR ACTION ON H. RES. 758: 
Agreed to by record vote of 222-190, after agreeing to the previous question by record vote of 227-189, on Wednesday, December 11, 2019.

MANAGERS: Shalala/Burgess

1. Structured rule for H.R. 3.
2. Provides four hours of general debate, with three hours equally divided among and controlled by the respective chairs and ranking minority members of the Committees on Education and Labor, Energy and Commerce, and Ways and Means, and one hour equally divided and controlled by the Majority Leader and the Minority Leader or their respective designees.
3. Waives all points of order against consideration of the bill.
4. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116-41, modified by the amendment printed in Part A of the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.
5. Waives all points of order against provisions in the bill, as amended.
6. Makes in order only those further amendments printed in Part B of the Rules Committee report. Each such further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
7. Waives all points of order against the amendments printed in Part B of the report.
8. Provides one motion to recommit with or without instructions.

9. Closed rule for H.R. 5038.
10. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.
11. Waives all points of order against consideration of the bill.
12. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116-42, modified by the amendment printed in Part C of the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.
13. Waives all points of order against provisions in the bill, as amended.
14. Provides one motion to recommit with or without instructions.
15. Provides for consideration of the Conference Report to accompany S. 1790.
16. Waives all points of order against the conference report and against its consideration.
17. Provides that the conference report shall be considered as read.
18. Provides one hour of debate on the conference report, divided pursuant to clause 8(d) of rule XXII.
19. Provides one motion to recommit if applicable.
20. Provides that the chair of the Permanent Select Committee on Intelligence may insert in the Congressional Record not later than December 13, 2019, such material as he may deem explanatory of intelligence authorization measures for the fiscal years 2018, 2019, and 2020.
21. Provides that it shall be in order at any time through the legislative day of December 20, 2019, for the Speaker to entertain motions that the House suspend the rules and that the Speaker or her designee shall consult with the Minority Leader or his designee on the designation of any matter for consideration pursuant to this section.
22. Waives clause 6(a) of rule XIII (requiring a two-thirds vote to consider a rule on the same day it is reported from the Rules Committee) against any resolution reported through the legislative day of December 20, 2019.
23. Section 7 provides that on any legislative day of the first session of the 116th Congress after December 12, 2019: the Journal of the proceedings of the previous day shall be considered as approved; and the Chair may at any time declare the House adjourned to meet at a date and time to be announced by the Chair in declaring the adjournment.
24. Section 8 provides that on any legislative day of the second session of the 116th Congress before January 7, 2020: the Speaker may dispense with organizational and legislative business; the Journal of the proceedings of the previous day shall be considered as approved if applicable; and the Chair may at any time declare the House adjourned to meet at a date and time to be announced by the Chair in declaring the adjournment.
25. Provides that the Speaker may appoint Members to perform the duties of the Chair for the duration of the periods addressed by sections 7 and 8.
26. Provides that each day during the periods addressed by sections 7 and 8
shall not constitute calendar days for the purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546).
27. Provides that each day during the periods addressed by sections 7 and 8 shall not constitute a legislative day for purposes of clause 7 of rule XIII (resolutions of inquiry).
28. Provides that each day during the periods addressed by sections 7 and 8 shall not constitute a legislative day for purposes of clause 7 of rule XV (Consensus Calendar).

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 3Peters (CA), Cisneros (CA)DemocratRevised To amend the Public Health Service Act to authorize a pilot program to develop, expand, and enhance the commercialization of biomedical products, and for other purposes.Made in Order
2Version 1Axne (IA)DemocratAdds a new requirement for qualified health insurance plans to contact health care providers to determine if they are still within the insurance network if a bill has not been billed to the health insurance in six months and establishes a process to remove from publicly accessible directories providers that are no longer in-network.Submitted
3Version 2Walden (OR), Brady (TX), Collins, Doug (GA), Foxx (NC)RepublicanSUBSTITUTE Revised An amendment in the nature of a substitute, which include bi-partisan provisions related to (1) Medicare Parts B & D, (2) drug price transparency, (3) Medicare Part D benefit redesign and other Part D provisions, (4) MedPAC, (5) Medicaid, (6) FDA (including CREATES Act; Pay-for-delay; BLOCKING Act; Purple Book; Orange Book; Advancing education on biosimilars; Streamlining transition of biological products; OTC monograph safety, innovation, and reform; and other provisions), (7) revenue provisions, and (8) other bi-partisan provisions.Made in Order
4Version 1Jackson Lee (TX)DemocratExpresses the Sense of Congress regarding the impact of the high cost of prescription drugs on communities of color and persons living in rural or sparsely populated areas of the United States.Made in Order
5Version 1González-Colón, Jenniffer (PR)RepublicanWithdrawn Adds the text of H.R. 4195, the Territories Medicare Prescription Drug Assistance Equality Act of 2019, to make premium and cost-sharing subsidies available to all low-income Medicare part D beneficiaries who reside in the territories, not just to Medicare eligible Medicaid beneficiaries.Withdrawn
6Version 1Trahan (MA)DemocratEnsures baseline knowledge on addiction and increases access to medication assisted treatments by requiring prescribes of controlled substances to complete a one-time, non-repetitive training on how to prevent, identify, treat, and manage patients with substance use disorders.Submitted
7Version 1González-Colón, Jenniffer (PR)RepublicanWithdrawn Adds the text of HR 2310, the Fairness in Medicare Part B Enrollment Act of 2019, to extend the period for Medicare beneficiaries in Puerto Rico to enroll in Medicare Part B to a total of five years (i.e., no late enrollment penalties in the first 5 years of eligibility).Withdrawn
8Version 1Schrader (OR)DemocratStrikes provisions in H.R. 3 that will increase government spending every year and instead directs the savings in Title I to the Federal Hospital Insurance Trust Fund, and prolongs solvency in Medicare Part A.Submitted
9Version 1Pocan (WI), Chu (CA), DeFazio (OR), Jayapal (WA), Khanna (CA), Raskin (MD), Huffman (CA), Levin, Andy (MI), Doggett (TX), Lowenthal (CA), Omar (MN), Lawrence (MI), Velázquez (NY), Sherman (CA), Maloney, Carolyn (NY), Grijalva (AZ), Lee, Barbara (CA), Takano (CA)DemocratIncreases the minimum number of required negotiated drugs from 25 to 50, starting in year 2024 and maintains the 50-drug minimum requirement in subsequent years.Submitted
10Version 1Axne (IA)DemocratEstablishes a grant program for states to reduce the burdens associated with health care administrative work and reduces HHS administrative costs by 50% over 10 years.Made in Order
11Version 1Axne (IA)DemocratRequires the FDA to report to Congress on which prescription drugs have only one manufacturer, and submit a prospective analysis the FDA preforms on the impact of drug discontinuations by manufactures 90 days after enactment.Submitted
12Version 1Axne (IA)DemocratEnsures that no less than 5 percent of cost savings is given to the Rare Diseases Clinical Research Network of the National Institutes of Health for the purposes of research, treatment development, education, and awareness of rare diseases and illnesses.Submitted
13Version 2Kennedy (MA)DemocratRevised Requires another Senate confirmed officer with HHS to carry out the negotiation duties should the Secretary of HHS have a conflict of interest. The General Counsel of HHS would be responsible for identifying these conflicts.Made in Order
14Version 1Rooney (FL)RepublicanWithdrawn Requires that direct-to-consumer television advertisements for prescription drugs and biological products include the list price of such drugs and productsWithdrawn
15Version 1Waters (CA)DemocratRequires HHS to submit to Congress a report on the feasibility of providing home health services to Medicare beneficiaries who have been diagnosed with Alzheimer’s disease or another form of dementia and who are experiencing difficulties with one or more activities of daily living.Submitted
16Version 1Waters (CA)DemocratRequires HHS to submit to Congress a report on the availability of Chronic Care Management (CCM) services for Medicare beneficiaries living with HIV/AIDS.Submitted
17Version 1Waters (CA)DemocratAdds a new section that allows Medicare beneficiaries who have been diagnosed with Alzheimer’s disease or another form of dementia to be eligible for Home Health Services under Medicare, provided that they are experiencing difficulties with one or more activities of daily living.Submitted
18Version 1Walden (OR), Brady (TX), Foxx (NC), Collins, Doug (GA)RepublicanSUBSTITUTE A substitute amendment, which include bi-partisan provisions related to (1) Medicare Parts B & D, (2) drug price transparency, (3) Medicare Part D benefit redesign and other Part D provisions, (4) MedPAC, (5) Medicaid, (6) FDA (including CREATES Act; Pay-for-delay; BLOCKING Act; Purple Book; Orange Book; Advancing education on biosimilars; Streamlining transition of biological products; OTC monograph safety, innovation, and reform; and other provisions), (7) revenue provisions, and (8) other bi-partisan provisions.Submitted
19Version 1Finkenauer (IA)DemocratRequires that at least 5% of negotiation-eligible drugs selected by the Secretary are also approved for pediatric use.Submitted
20Version 1Case (HI)DemocratEnsures that Hawaii receives Medicare reimbursement parity with Alaska, due to difficulties in providing health care to non-contiguous states.Submitted
21Version 1Stauber (MN)RepublicanRequires 100 percent of certain negotiated price concessions, or rebates, for insulin to be provided at the point-of-sale to the consumer, and requires the Comptroller General to report to Congress two years after the enactment of this Act the effects of such policy.Submitted
22Version 1Courtney (CT)DemocratCounts the period of time spent receiving outpatient hospital observation services towards Medicare's 3-day inpatient hospital stay requirement for coverage of skilled nursing facility services.Submitted
23Version 2Finkenauer (IA)DemocratRevised Requires drug companies to disclose truthful and non-misleading pricing information about prescription drugs and biological products when they advertise these products directly to consumers.Made in Order
24Version 2O'Halleran (AZ), Axne (IA), Brindisi (NY), Bustos (IL), Cuellar (TX), Cunningham (SC), Davids (KS), Finkenauer (IA), Horn (OK), Lee, Susie (NV), Loebsack (IA), Peterson (MN), Schrader (OR), Spanberger (VA), Torres Small, Xochitl (NM), Van Drew (NJ), Kuster (NH), Correa (CA), Costa (CA), Blunt Rochester (DE)DemocratRevised Creates a grant program within HHS for hospitals located in rural and medically underserved areas, including Critical Access Hospitals, to cover the start-up costs for establishing a Graduate Medical Education (GME) program or a partnership with a hospital that has an existing program. It includes a reporting requirement for GAO to analyze whether residents continue to practice in a rural or medically underserved area after completing their training.Made in Order
25Version 1Tonko (NY)DemocratRequires CMS to create and implement a measure in the Star Ratings program evaluating Medicare Advantage and Part D plans on how well they provide access to biosimilar drugs.Made in Order
26Version 1Doggett (TX), Wild (PA), Titus (NV), Chu (CA), Clay (MO), DeFazio (OR), Garcia, Jesús (IL), Huffman (CA), Harder (CA), Lipinski (IL), Lowenthal (CA), Maloney, Carolyn (NY), Grijalva (AZ), Omar (MN), Jackson Lee (TX), Waters (CA), Velázquez (NY), Sherman (CA), Raskin (MD), Pingree (ME), Pressley (MA), Haaland (NM), Tlaib (MI), Lee, Barbara (CA), Khanna (CA), Takano (CA), Levin, Andy (MI), Crist (FL), Mucarsel-Powell (FL), Lawrence (MI)DemocratAmends the ‘Fair Price Eligible Individual’ definition to include the uninsured.Submitted
27Version 1Doggett (TX), Titus (NV), Chu (CA), Clay (MO), DeFazio (OR), Garcia, Jesús (IL), Grijalva (AZ), Haaland (NM), Jackson Lee (TX), Khanna (CA), Lee, Barbara (CA), Levin, Andy (MI), Lowenthal (CA), Lipinski (IL), Maloney, Carolyn (NY), Omar (MN), Pingree (ME), Pressley (MA), Raskin (MD), Sherman (CA), Takano (CA), Tlaib (MI), Velázquez (NY), Waters (CA), Lawrence (MI)DemocratSunsets the prohibition on the Secretary negotiating drug prices on April 15, 2021.Submitted
28Version 1Doggett (TX), DeFazio (OR), Garcia, Jesús (IL), Pingree (ME)DemocratDirects the HHS Secretary to negotiate on drugs discovered with taxpayer money.Submitted
29Version 1Doggett (TX), Golden (ME)DemocratEstablishes an excise tax on price increases above the rate of inflation.Submitted
30Version 2Gottheimer (NJ)DemocratRevised Requires an HHS study to identify conditions without an FDA-approved treatment where the development of a treatment would fill an unmet medical need for a serious or life-threatening condition or rare disease. Requires HHS to identify appropriate incentives that would lead to the development of such treatments.Made in Order
31Version 1Lipinski (IL)DemocratEnsures that all life-sustaining prescription drugs are subject to price negotiation under the bill, regardless of any limitations on negotiation in the underlying legislation.Submitted
32Version 1Curtis (UT)RepublicanWithdrawn Amends the Employee Retirement Income Security Act (ERISA) to clarify that ERISA does not supersede State regulations regarding insurance coverage of medically necessary foods.Withdrawn
33Version 1Doggett (TX), Wild (PA)DemocratAllows drugs with fewer than 3 generic or biosimilar competitors to qualify as negotiation-eligible drugs.Submitted
34Version 1Doggett (TX), Titus (NV), DeFazio (OR)DemocratIncreases the minimum number of drugs to be negotiated to 50 within 5 years and 100 within 10 years.Submitted
35Version 1Doggett (TX)DemocratDirects the HHS Secretary to negotiate on new-entrant drugs should the drug’s initial price be equal to or greater than the median household income.Submitted
36Version 1Luria (VA)DemocratMakes clear that federal employee health plans are covered by the price reduction provisions of the bill.Made in Order
37Version 1Cárdenas (CA), Craig (MN)DemocratCreates a demonstration program to evaluate the benefits of providing a shared savings payment for biosimilar biological products.Submitted
38Version 1Scanlon (PA)DemocratIncreases funding for clinical trials at NIH and bans the use of spread pricing by PBMs as it relates to Medicaid.Made in Order
39Version 1Jayapal (WA), Chu (CA), Garcia, Jesús (IL), Maloney, Carolyn (NY), Omar (MN), Pingree (ME), Raskin (MD), Sherman (CA), Tlaib (MI), Jackson Lee (TX), Velázquez (NY), Lawrence (MI), Levin, Andy (MI)DemocratExtends price-spike protections to drugs covered under group health plans.Submitted
40Version 1Sablan (MP)DemocratWithdrawn Adds a longer-term funding solution to Medicaid funding crisis currently underway in our insular areas.Withdrawn
41Version 1Cunningham (SC)DemocratAllows the Veteran’s Administration to benefit from Maximum Fair Pricing guidelines.Made in Order
42Version 1Rush (IL)DemocratDecreases the cap on out-of-pocket spending for Medicare beneficiaries from $2,000 to $1,500.Submitted
43Version 1Rush (IL)DemocratRequires that the vision exam and materials benefit is an annual benefit, rather than a 2-year benefit.Submitted
44Version 1Pallone (NJ), Neal (MA), Scott, Bobby (VA)DemocratMANAGER’S AMENDMENT Makes technical change to the underlying bill, adjusts effective dates of certain provisions and makes changes to the Fair Drug Price Negotiation program.Considered as Adopted