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 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.

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 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.''.