[Congressional Record Volume 163, Number 6 (Tuesday, January 10, 2017)]
[Senate]
[Page S216]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 88. Mr. WARNER 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 AFFECTING 
                   MEDICARE HOSPITAL INSURANCE SOLVENCY.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider a bill or joint resolution reported pursuant to 
     section 2001 or 2002, or an amendment to, motion on, 
     conference report on, or amendment between the Houses in 
     relation to such a bill or joint resolution that--
       (1) reduces the actuarial balance by at least 0.01 percent 
     of the present value of future taxable payroll of the Federal 
     Hospital Insurance Trust Fund established under section 
     1817(a) of the Social Security Act (42 U.S.C. 1395i(a)) for 
     the 75-year period utilized in the most recent annual report 
     of the Board of Trustees provided pursuant to section 
     1817(b)) of such Act (42 U.S.C. 1395i(b)); or
       (2) would cause a decrease in Medicare Federal Hospital 
     Insurance surpluses or an increase in Medicare Federal 
     Hospital Insurance deficits relative to the levels set forth 
     in the applicable resolution for the first fiscal year or for 
     the total of that fiscal year and the ensuing fiscal years 
     for which allocations are provided under section 302(a) of 
     the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) .
       (b) Medicare Levels.--For purposes of subsection (a)(2), 
     Medicare Federal Hospital Insurance surpluses equal the 
     excess of Federal Hospital Insurance income over Federal 
     Hospital Insurance outlays in a fiscal year or years with 
     such an excess and Federal Hospital Insurance deficits equal 
     the excess of Federal Hospital Insurance outlays over Federal 
     Hospital Insurance income in a fiscal year or years with such 
     an excess.
       (c) 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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