    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
    [117th Congress]
    [House Document 116-177]
    [Legislate Procedures Enacted in Law]
    [Pages 1333-1337]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    31. Medicare Cost Containment; Medicare Prescription Drug, Improvement,
     and Modernization Act of 2003, Sec. Sec. 802-04 [31 U.S.C. 1105, 1105

    Sec. 1105. budget contents and submission to Congress.

                                      note]

                                      * * *

      (h)(1) If there is a medicare funding warning under section 801(a)(2)
    of the Medicare Prescription Drug, Improvement, and Modernization Act of
    2003 made in a year, the President shall submit to Congress, within the
    15-day period beginning on the date of the budget submission to Congress
    under subsection (a) for the succeeding year, proposed legislation to
    respond to such warning.

      (2) Paragraph (1) does not apply if, during the year in which the
    warning is made, legislation is enacted which eliminates excess general
    revenue medicare funding (as defined in section 801(c) of the Medicare
    Prescription Drug, Improvement, and Modernization Act of 2003) for the
    7-fiscal-year reporting period, as certified by the Board of Trustees of
    each medicare trust fund (as defined in section 801(c)(5) of such Act)
    not later than 30 days after the date of the enactment of such
    legislation.

              Sec. 803. procedures in the house of representatives.

                              [31 U.S.C. 1105 note]

      (a) Introduction and Referral of President's Legislative Proposal.--

              (1) Introduction.--In the case of a legislative proposal

            submitted by the President pursuant to section 1105(h) of title

            31, United States Code, within the 15-day period specified in

    [[Page 1334]]

            paragraph (1) of such section,

            the Majority Leader of the House of Representatives (or his

            designee) and the Minority Leader of the House of

            Representatives (or his designee) shall introduce such proposal

            (by request), the title of which is as follows: ``A bill to

            respond to a medicare funding warning.'' Such bill shall be

            introduced within 3 legislative days after Congress receives

            such proposal.

              (2) Referral.--Any legislation introduced pursuant to

            paragraph (1) shall be referred to the appropriate committees of

            the House of Representatives.

      (b) Direction to the Appropriate House Committees.--

              (1) In general.--In the House, in any year during which the

            President is required to submit proposed legislation to Congress

            under section 1105(h) of title 31, United States Code, the

            appropriate committees shall report medicare funding legislation

            by not later than June 30 of such year.

              (2) Medicare funding legislation.--For purposes of this

            section, the term ``medicare funding legislation'' means--

                      (A) legislation introduced pursuant to subsection

                    (a)(1), but only if the legislative proposal upon which

                    the legislation is based was submitted within the 15-day

                    period referred to in such subsection; or

                      (B) any bill the title of which is as follows: ``A

                    bill to respond to a medicare funding warning.''.

              (3) Certification.--With respect to any medicare funding

            legislation or any amendment to such legislation to respond to a

            medicare funding warning, the chairman of the Committee on the

            Budget of the House shall certify--

                      (A) whether or not such legislation eliminates excess

                    general revenue medicare funding (as defined in section

                    801(c)) for each fiscal year in the 7-fiscal-year

                    reporting period; and

                      (B) with respect to such an amendment, whether the

                    legislation, as amended, would eliminate excess general

                    revenue medicare funding (as defined in section 801(c))

                    for each fiscal year in such 7-fiscal-year reporting

                    period.

    [[Page 1335]]

      (c) Fallback Procedure for Floor Consideration if the House Fails to
    Vote on Final Passage by July 30.--

              (1) After July 30 of any year during which the President is

            required to submit proposed legislation to Congress under

            section 1105(h) of title 31, United States Code, unless the

            House of Representatives has voted on final passage of any

            medicare funding legislation for which there is an affirmative

            certification under subsection (b)(3)(A), then, after the

            expiration of not less than 30 calendar days (and concurrently 5

            legislative days), it is in order to move to discharge any

            committee to which medicare funding legislation which has such a

            certification and which has been referred to such committee for

            30 calendar days from further consideration of the legislation.

              (2) A motion to discharge may be made only by an individual

            favoring the legislation, may be made only if supported by one-

            fifth of the total membership of the House (a quorum being

            present), and is highly privileged in the House. Debate thereon

            shall be limited to not more than one hour, the time to be

            divided in the House equally between those favoring and those

            opposing the motion. An amendment to the motion is not in order,

            and it is not in order to move to reconsider the vote by which

            the motion is agreed to or disagreed to.

              (3) Only one motion to discharge a particular committee may be

            adopted under this subsection in any session of a Congress.

              (4) Notwithstanding paragraph (1), it shall not be in order to

            move to discharge a committee from further consideration of

            medicare funding legislation pursuant to this subsection during

            a session of a Congress if, during the previous session of the

            Congress, the House passed medicare funding legislation for

            which there is an affirmative certification under subsection

            (b)(3)(A).

      (d) Floor Consideration in the House of Discharged Legislation.--

              (1) In the House, not later than 3 legislative days after any

            committee has been discharged from further consideration of

            legislation under subsection (c), the Speaker shall resolve the

            House into the Committee of the Whole for consideration of the

            legislation.

              (2) The first reading of the legislation shall be dispensed

            with. All points of order against consideration of the

            legislation are waived. General debate shall be confined to the

    [[Page 1336]]

            legislation and shall not exceed five

            hours, which shall be divided equally between those favoring and

            those opposing the legislation. After general debate the

            legislation shall be considered for amendment under the five-

            minute rule. During consideration of the legislation, no

            amendments shall be in order in the House or in the Committee of

            the Whole except those for which there has been an affirmative

            certification under subsection (b)(3)(B). All points of order

            against consideration of any such amendment in the Committee of

            the Whole are waived. The legislation, together with any

            amendments which shall be in order, shall be considered as read.

            During the consideration of the bill for amendment, the chairman

            of the Committee of the Whole may accord priority in recognition

            on the basis of whether the Member offering an amendment has

            caused it to be printed in the portion of the Congressional

            Record designated for that purpose in clause 8 of Rule XVIII of

            the Rules of the House of Representatives. Debate on any

            amendment shall not exceed one hour, which shall be divided

            equally between those favoring and those opposing the amendment,

            and no pro forma amendments shall be offered during the debate.

            The total time for debate on all amendments shall not exceed 10

            hours. At the conclusion of consideration of the legislation for

            amendment, the Committee shall rise and report the legislation

            to the House with such amendments as may have been adopted. The

            previous question shall be considered as ordered on the

            legislation and amendments thereto to final passage without

            intervening motion except one motion to recommit with or without

            instructions. If the Committee of the Whole rises and reports

            that it has come to no resolution on the bill, then on the next

            legislative day the House shall, immediately after the third

            daily order of business under clause 1 of Rule XIV of the Rules

            of the House of Representatives, resolve into the Committee of

            the Whole for further consideration of the bill.

              (3) All appeals from the decisions of the Chair relating to

            the application of the Rules of the House of Representatives to

            the procedure relating to any such legislation shall be decided

            without debate.

              (4) Except to the extent specifically provided in the

            preceding provisions of this subsection, consideration of any

    [[Page 1337]]

            such legislation and amendments thereto (or

            any conference report thereon) shall be governed by the Rules of

            the House of Representatives applicable to other bills and

            resolutions, amendments, and conference reports in similar

            circumstances.

      (e) Legislative Day Defined.--As used in this section, the term
    ``legislative day'' means a day on which the House of Representatives is
    in session.

      (f) Restriction on Waiver.--In the House, the provisions of this
    section may be waived only by a rule or order proposing only to waive
    such provisions.

      (g) Rulemaking Power.--The provisions of this section are enacted by
    the Congress--

              (1) as an exercise of the rulemaking power of the House of

            Representatives and, as such, shall be considered as part of the

            rules of that House and shall supersede other rules only to the

            extent that they are inconsistent therewith; and

              (2) with full recognition of the constitutional right of that

            House to change the rules (so far as they relate to the

            procedures of that House) at any time, in the same manner, and

            to the same extent as in the case of any other rule of that

            House.

                       Sec. 804. procedures in the senate.

                              [31 U.S.C. 1105 note]

                                      * * *

      The House has provided that section 803 not apply during a Congress
    (sec. 3(e), H. Res. 5, Jan. 6, 2009, p. 9) or a portion thereof (July
    24, 2008, p. 16371).

                                                               Sec. 1130(32)