[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]
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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)