[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]
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(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
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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
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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]
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[[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)