    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 119th Congress]
    [119th Congress]
    [House Document 118-187]
    [Legislate Procedures Enacted in Law]
    [Pages 1325-1330]
    [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.

    [[Page 1326]]

    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.

      (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

              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

            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

    [[Page 1327]]

            legislation or any amendment to such legisla

            tion 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.

      (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

    [[Page 1328]]

            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

            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

    [[Page 1329]]

            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

            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]

                                      * * *

    [[Page 1330]]

      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)