S.Amdt. 88

SA 88. Mr. WARNER submitted an amendment intended to be proposed by
him to the concurrent resolution S. Con. Res. 3, setting forth the
congressional budget for the United States Government for fiscal year
2017 and setting forth the appropriate budgetary levels for fiscal
years 2018 through 2026; which was ordered to lie on the table; as
follows:

At the end of title IV, add the following:

SEC. 4__. POINT OF ORDER AGAINST LEGISLATION AFFECTING
MEDICARE HOSPITAL INSURANCE SOLVENCY.

(a) Point of Order.--It shall not be in order in the Senate
to consider a bill or joint resolution reported pursuant to
section 2001 or 2002, or an amendment to, motion on,
conference report on, or amendment between the Houses in
relation to such a bill or joint resolution that--
(1) reduces the actuarial balance by at least 0.01 percent
of the present value of future taxable payroll of the Federal
Hospital Insurance Trust Fund established under section
1817(a) of the Social Security Act (42 U.S.C. 1395i(a)) for
the 75-year period utilized in the most recent annual report
of the Board of Trustees provided pursuant to section
1817(b)) of such Act (42 U.S.C. 1395i(b)); or
(2) would cause a decrease in Medicare Federal Hospital
Insurance surpluses or an increase in Medicare Federal
Hospital Insurance deficits relative to the levels set forth
in the applicable resolution for the first fiscal year or for
the total of that fiscal year and the ensuing fiscal years
for which allocations are provided under section 302(a) of
the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) .
(b) Medicare Levels.--For purposes of subsection (a)(2),
Medicare Federal Hospital Insurance surpluses equal the
excess of Federal Hospital Insurance income over Federal
Hospital Insurance outlays in a fiscal year or years with
such an excess and Federal Hospital Insurance deficits equal
the excess of Federal Hospital Insurance outlays over Federal
Hospital Insurance income in a fiscal year or years with such
an excess.
(c) Waiver and Appeal.--Subsection (a) may be waived or
suspended in the Senate only by an affirmative vote of three-
fifths of the Members, duly chosen and sworn. An affirmative
vote of three-fifths of the Members of the Senate, duly
chosen and sworn, shall be required to sustain an appeal of
the ruling of the Chair on a point of order raised under
subsection (a).
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