[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]


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                             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.

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                            ``(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