To establish a procedure to safeguard the surpluses of the Social Security and Medicare hospital insurance trust funds.

Summary: 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 surplus of the Federal Hospital Insurance Trust Fund for that fiscal year.

Creates an exception to such point of order if a violation of it would result from an assumption in the measure of an increase in outlays or a decrease in revenue relative to the baseline underlying the measure for Social Security or Medicare reform legislation for any such 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 the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year. Creates an exception to such point of order similar to the other one.

Declares that, if the President's budget recommends an on-budget surplus for any fiscal year less than the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year, then it shall include a detailed proposal for Social Security or Medicare reform legislation.

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.--
                    ``(A) In general.--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 surplus of the Federal Hospital Insurance Trust 
                Fund for that fiscal year.
                    ``(B) Exception.--(i) Subparagraph (A) shall not 
                apply to the extent that a violation of such 
                subparagraph would result from an assumption in the 
                resolution, amendment, or conference report, as 
                applicable, of an increase in outlays or a decrease in 
                revenue relative to the baseline underlying that 
                resolution for social security reform legislation or 
                medicare reform legislation for any such fiscal year.
                    ``(ii) If a concurrent resolution on the budget, or 
                an amendment thereto or conference report thereon, 
                would be in violation of subparagraph (A) because of an 
                assumption of an increase in outlays or a decrease in 
                revenue relative to the baseline underlying that 
                resolution for social security reform legislation or 
                medicare reform legislation for any such fiscal year, 
                then that resolution shall include a statement 
                identifying any such increase in outlays or decrease in 
                revenue.
            ``(2) Spending and tax legislation.--
                    ``(A) In general.--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--
                            ``(i) the enactment of that bill or 
                        resolution, as reported;
                            ``(ii) the adoption and enactment of that 
                        amendment; or
                            ``(iii) 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 surplus of the Federal 
                Hospital Insurance Trust Fund for that fiscal year.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to social security reform legislation or medicare 
                reform legislation.
    ``(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)(A)(ii)).
            ``(2) Current levels with respect to spending and tax 
        legislation.--
                    ``(A) In general.--For purposes of enforcing 
                subsection (a)(2), the current levels of the surplus 
                for any fiscal year shall be--
                            ``(i) 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
                            ``(ii) 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.
                    ``(B) Budgetary treatment.--Outlays (or receipts) 
                for any fiscal year resulting from social security or 
                medicare reform legislation in excess of the amount of 
                outlays (or less than the amount of receipts) for that 
                fiscal year set forth in the most recently agreed to 
                concurrent resolution on the budget or the section 
                302(a) allocation for such legislation, as applicable, 
                shall not be taken into account for purposes of 
                enforcing any point of order under subsection (a)(2).
            ``(3) Disclosure of hi surplus.--For purposes of enforcing 
        any point of order under subsection (a), the surplus of the 
        Federal Hospital 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, calculated using the assumptions 
set forth in subsection (b)(2)(A).
    ``(d) Definitions.--As used in this section:
            ``(1) The term `medicare reform legislation' means a bill 
        or a joint resolution to save Medicare that includes a 
        provision stating the following: `For purposes of section 
        316(a) of the Congressional Budget Act of 1974, this Act 
        constitutes medicare reform legislation.'.
            ``(2) The term `social security reform legislation' means a 
        bill or a joint resolution to save social security that 
        includes a provision stating the following: `For purposes of 
        section 316(a) of the Congressional Budget Act of 1974, this 
        Act constitutes social security reform legislation.'.
    ``(e) 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.
    ``(f) Effective Date.--This section shall cease to have any force 
or effect upon the enactment of social security reform legislation and 
medicare reform legislation.''.
    (b) Conforming Amendment.--The item relating to section 316 in the 
table of contents set forth in section 1(b) of the Congressional Budget 
and Impoundment Control Act of 1974 is amended to read as follows:

``Sec. 316. Protection for Social Security and hospital insurance 
                            surpluses.''.

SEC. 4. PRESIDENT'S BUDGET.

    (a) Protection of Social Security and Medicare Surpluses.--If the 
budget of the Government submitted by the President under section 
1105(a) of title 31, United States Code, recommends a surplus for any 
fiscal year that is less than the surplus of the Federal Hospital 
Insurance Trust Fund for that fiscal year, then it shall include a 
detailed proposal for social security reform legislation or medicare 
reform legislation.
    (b) Effective Date.--Subsection (a) shall cease to have any force 
or effect upon the enactment of social security reform legislation and 
medicare reform legislation as defined by section 316(d) of the 
Congressional Budget Act of 1974.