[Congressional Record Volume 163, Number 3 (Thursday, January 5, 2017)]
[Senate]
[Page S119]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 12. Mr. MENENDEZ (for himself, Mr. Carper, Mr. Casey, Ms. 
Stabenow, Mr. Blumenthal, Mr. Markey, Ms. Hassan, Mr. Durbin, Mr. 
Booker, Mr. Brown, Mr. Coons, Mrs. Gillibrand, Mr. Heinrich, Ms. 
Klobuchar, Mr. Leahy, Mr. Murphy, Mr. Reed, Mr. Whitehouse, Mrs. 
Feinstein, Ms. Duckworth, and Mr. Franken) submitted an amendment 
intended to be proposed by him to the concurrent resolution S. Con. 
Res. 3, setting forth the congressional budget for the United States 
Government for fiscal year 2017 and setting forth the appropriate 
budgetary levels for fiscal years 2018 through 2026; which was ordered 
to lie on the table; as follows:

       At the end of title IV, add the following:

     SEC. 4__. POINT OF ORDER AGAINST LEGISLATION THAT WOULD 
                   PENALIZE MEDICAID EXPANSION STATES.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that would 
     affect the Medicaid program under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.) unless such legislation 
     receives certification from the Congressional Budget Office 
     that the legislation would not result in--
       (1) decreased enrollment in such program in States which 
     have opted to expand eligibility for medical assistance under 
     such program for low-income, non-elderly individuals under 
     the eligibility option established by the Patient Protection 
     and Affordable Care Act under section 1902(a)(10)(A)(i)(VIII) 
     of the Social Security Act (42 U.S.C. 1396 et seq.); or
       (2) increased State spending on such program in such 
     States.
       (b) Waiver and Appeal.--Subsection (a) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a point of order raised under 
     subsection (a).
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