[United States Senate Manual, 116th Congress]
[S. Doc. 116-1]
[Cleaves Manual of Conferences and Conference Reports]
[Pages 428-429]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 428]]
TITLE 31--MONEY AND FINANCE
Chapter 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM
INFORMATION
381 Sec. 1105. Budget contents and submission to Congress
* * * * * * *
(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.
* * * * * * *
382 Sec. 1105 note. Procedures in the Senate
``(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 and Minority Leader of the Senate (or
their designees) 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
days of session after Congress receives such
proposal.
``(2) Referral.--Any legislation introduced
pursuant to paragraph (1) shall be referred to
the Committee on Finance.
``(b) Medicare Funding Legislation.--For purposes of
this section, the term `medicare funding legislation'
means--
``(1) 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
``(2) any bill the title of which is as
follows: `A bill to respond to a medicare
funding warning.'.
``(c) Qualification for Special Procedures.--
``(1) In general.--The special procedures
set forth in subsections (d) and (e) shall apply
to medicare funding legislation, as described in
subsection (b), only if the legislation--
``(A) is medicare funding legislation
that is passed by the House of
Representatives; or
``(B) contains matter within the
jurisdiction of the Committee on Finance in
the Senate.
[[Page 429]]
``(2) Failure to qualify for special
procedures.--If the medicare funding legislation
does not satisfy paragraph (1), then the
legislation shall be considered under the
ordinary procedures of the Standing Rules of the
Senate.
``(d) Discharge.--
``(1) In general.--If the Committee on
Finance has not reported medicare funding
legislation described in subsection (c)(1) by
June 30 of a year in which the President is
required to submit medicare funding legislation
to Congress under section 1105(h) of title 31,
United States Code, then any Senator may move to
discharge the Committee of any single medicare
funding legislation measure. Only one such
motion shall be in order in any session of
Congress.
``(2) Debate limits.--Debate in the Senate
on any such motion to discharge, and all appeals
in connection therewith, shall be limited to not
more than 2 hours. The time shall be equally
divided between, and controlled by, the maker of
the motion and the Majority Leader, or their
designees, except that in the event the Majority
Leader is in favor of such motion, the time in
opposition thereto shall be controlled by the
Minority Leader or the Minority Leader's
designee. A point of order under this subsection
may be made at any time. It is not in order to
move to proceed to another measure or matter
while such motion (or the motion to reconsider
such motion) is pending.
``(3) Amendments.--No amendment to the
motion to discharge shall be in order.
``(4) Exception if certified legislation
enacted.--Notwithstanding paragraph (1), it
shall not be in order to discharge the Committee
from further consideration of medicare funding
legislation pursuant to this subsection during a
session of a Congress if the chairman of the
Committee on the Budget of the Senate certifies
that medicare funding legislation has been
enacted that eliminates excess general revenue
medicare funding (as defined in section 801(c)
[set out as a note under section 1395i of Title
42, The Public Health and Welfare]) for each
fiscal year in the 7-fiscal-year reporting
period.
``(e) Consideration.--After the date on which the
Committee on Finance has reported medicare funding
legislation described in subsection (c)(1), or has been
discharged (under subsection (d)) from further consideration
of, such legislation, it is in order (even though a previous
motion to the same effect has been disagreed to) for any
Member of the Senate to move to proceed to the consideration
of such legislation.
``(f) Rules of the Senate.--This section is enacted by
the Senate--
``(1) as an exercise of the rulemaking power
of the Senate and as such it is deemed a part of
the rules of the Senate, but applicable only
with respect to the procedure to be followed in
the Senate in the case of a bill described in
this paragraph, and it supersedes other rules
only to the extent that it is inconsistent with
such rules; and
``(2) with full recognition of the
constitutional right of the Senate to change the
rules (so far as relating to the procedure of
the Senate) at any time, in the same manner, and
to the same extent as in the case of any other
rule of the Senate.'' (Pub. L. 108-173, Title
VIII, Sec. 804, Dec. 8, 2003, 117 Stat. 2363.)
38 u.s.c.--veterans' benefits
united states senate procedures enacted in law