Social Security and Medicare Protection Act - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate to consider any concurrent resolution on the budget (or related measure) that would set forth a surplus for any fiscal year less than the combined surpluses of the Federal Hospital Insurance Trust Fund, the Federal Old-Age and Survivors Insurance Trust Fund, and the Federal Disability Insurance Trust Fund for that fiscal year.
Makes it out of order in the House of Representatives or the Senate to consider any (spending or tax) measure if its enactment would cause the surplus for any fiscal year covered by the most recently agreed to budget resolution to be less than such combined Fund surpluses.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1713 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1713
To establish a procedure to safeguard the surpluses of the Social
Security and Medicare hospital insurance trust funds.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2013
Mr. Murphy of Pennsylvania (for himself, Mr. Heck of Nevada, Mr.
Meehan, and Mr. Gerlach) introduced the following bill; which was
referred to the Committee on Rules, and in addition to the Committee on
the Budget, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a procedure to safeguard the surpluses of the Social
Security and Medicare hospital insurance trust funds.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare
Protection Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) fiscal pressures will mount as an aging population
increases the Government's obligations to provide retirement
income and health services;
(2) Social Security and Medicare surpluses should be
reserved for strengthening and preserving the Social Security
trust funds; and
(3) preserving Social Security and Medicare surpluses would
restore confidence in the long-term financial integrity of
Social Security and Medicare.
(b) Purpose.--It is the purpose of this Act to prevent the Social
Security and Medicare hospital insurance trust funds from being used
for any purpose other than providing retirement and health security.
SEC. 3. PROTECTION OF SOCIAL SECURITY AND MEDICARE SURPLUSES.
(a) Protection of Social Security and Medicare Surpluses.--Title
III of the Congressional Budget Act of 1974 is amended by adding at the
end the following new section:
``protection for social security and hospital insurance surpluses
``Sec. 316. (a) Protection for Social Security and Hospital
Insurance Surpluses.--
``(1) Concurrent resolutions on the budget.--It shall not
be in order in the House of Representatives or the Senate to
consider any concurrent resolution on the budget, or an
amendment thereto or conference report thereon, that would set
forth a surplus for any fiscal year that is less than the
combined surpluses of the Federal Hospital Insurance Trust
Fund, the Federal Old-Age and Survivors Insurance Trust Fund,
and the Federal Disability Insurance Trust Fund for that fiscal
year.
``(2) Spending and tax legislation.--It shall not be in
order in the House of Representatives or the Senate to consider
any bill, joint resolution, amendment, motion, or conference
report if--
``(A) the enactment of that bill or resolution, as
reported;
``(B) the adoption and enactment of that amendment;
or
``(C) the enactment of that bill or resolution in
the form recommended in that conference report,
would cause the surplus for any fiscal year covered by the most
recently agreed to concurrent resolution on the budget to be
less than the combined surpluses of the Federal Hospital
Insurance Trust Fund, the Federal Old-Age and Survivors
Insurance Trust Fund, and the Federal Disability Insurance
Trust Fund for that fiscal year.
``(b) Enforcement.--
``(1) Budgetary levels with respect to concurrent
resolutions on the budget.--For purposes of enforcing any point
of order under subsection (a)(1), the surplus for any fiscal
year shall be--
``(A) the levels set forth in the later of the
concurrent resolution on the budget, as reported, or in
the conference report on the concurrent resolution on
the budget; and
``(B) adjusted to the maximum extent allowable
under all procedures that allow budgetary aggregates to
be adjusted for legislation that would cause a decrease
in the surplus for any fiscal year covered by the
concurrent resolution on the budget (other than
procedures described in paragraph (2)(B)).
``(2) Current levels with respect to spending and tax
legislation.--For purposes of enforcing subsection (a)(2), the
current levels of the surplus for any fiscal year shall be--
``(A) calculated using the following assumptions--
``(i) direct spending and revenue levels at
the baseline levels underlying the most
recently agreed to concurrent resolution on the
budget; and
``(ii) for the budget year, discretionary
spending levels at current law levels and, for
outyears, discretionary spending levels at the
baseline levels underlying the most recently
agreed to concurrent resolution on the budget;
and
``(B) adjusted for changes in the surplus levels
set forth in the most recently agreed to concurrent
resolution on the budget pursuant to procedures in such
resolution that authorize adjustments in budgetary
aggregates for updated economic and technical
assumptions in the mid-session report of the Director
of the Congressional Budget Office.
Such revisions shall be included in the first current level
report on the congressional budget submitted for publication in
the Congressional Record after the release of such mid-session
report.
``(3) Disclosure of hi and social security surpluses.--For
purposes of enforcing any point of order under subsection (a),
the combined surpluses of the Federal Hospital Insurance Trust
Fund, the Federal Old-Age and Survivors Insurance Trust Fund,
and the Federal Disability Insurance Trust Fund for a fiscal
year shall be the levels set forth in the later of the report
accompanying the concurrent resolution on the budget (or, in
the absence of such a report, placed in the Congressional
Record prior to the consideration of such resolution) or in the
joint explanatory statement of managers accompanying such
resolution.
``(c) Additional Content of Reports Accompanying Budget Resolutions
and of Joint Explanatory Statements.--The report accompanying any
concurrent resolution on the budget and the joint explanatory statement
accompanying the conference report on each such resolution shall
include the levels of the surplus in the budget for each fiscal year
set forth in such resolution and of the surplus or deficit in the
Federal Hospital Insurance Trust Fund, the Federal Old-Age and
Survivors Insurance Trust Fund, and the Federal Disability Insurance
Trust Fund, calculated using the assumptions set forth in subsection
(b)(2).
``(d) 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 in
the Senate to sustain an appeal of the ruling of the Chair on a point
of order raised under this section.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 315 the
following new item:
``Sec. 316. Protection for Social Security and hospital insurance
surpluses.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Rules, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Rules, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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