[Congressional Record Volume 163, Number 126 (Wednesday, July 26, 2017)]
[Senate]
[Page S4329]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 377. Mr. MENENDEZ (for himself, Mr. Durbin, Mr. Blumenthal, Mr. 
Booker, and Mr. Heinrich) submitted an amendment intended to be 
proposed by him to the bill H.R. 1628, to provide for reconciliation 
pursuant to title II of the concurrent resolution on the budget for 
fiscal year 2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. POINT OF ORDER AGAINST ELIMINATING OR REDUCING 
                   FEDERAL FUNDING TO STATES UNDER THE MEDICAID 
                   EXPANSION.

       (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 
     eliminate or reduce funding to States available under law in 
     effect on the date of the adoption of this section to provide 
     comprehensive, affordable health care to low-income Americans 
     by eliminating or reducing the availability of Federal 
     financial assistance to States available under section 
     1905(y)(1) or 1905(z)(2) of the Social Security Act (42 
     U.S.C. 1396d(y)(1), 1396d(z)(2)) or other means, unless the 
     Director of the Congressional Budget Office certifies that 
     the legislation would not--
       (1) increase the number of uninsured Americans;
       (2) decrease Medicaid enrollment in States that have opted 
     to expand eligibility for medical assistance under that 
     program for low-income, non-elderly individuals under the 
     eligibility option established by the Affordable Care Act 
     under section 1902(a)(10)(A)(i)(VIII) of the Social Security 
     Act (42 U.S.C. 1396a(a)(10)(A)(i)(VIII));
       (3) reduce the likelihood that any State that, as of the 
     date of the adoption of this section, has not opted to expand 
     Medicaid under the eligibility option established by the 
     Affordable Care Act under section 1902(a)(10)(A)(i)(VIII) of 
     the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)(VIII)) 
     would opt to use that eligibility option to expand 
     eligibility for medical assistance under that program for 
     low-income, non-elderly individuals; and
       (4) increase the State share of Medicaid spending under 
     that eligibility option.
       (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).
                                 ______