Social Security and Medicare Lock Box Act

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security and Medicare Lock 
Box Act''.

SEC. 2. DEFINITIONS.

    Section 3 of the Congressional Budget Act of 1974 is amended by 
adding at the end the following:
            ``(11) The term `Medicare surplus reserve' means the 
        surplus amounts reserved to strengthen and preserve the 
        Medicare program as calculated in accordance with section 
        316.''.

SEC. 3. PROTECTION BY CONGRESS.

    Congress reaffirms its support for the provisions of section 13301 
of the Omnibus Budget Reconciliation Act of 1990 that provides that the 
receipts and disbursements of the Social Security trust funds shall not 
be counted for the purposes of the budget submitted by the President, 
the congressional budget, or the Balanced Budget and Emergency Deficit 
Control Act of 1985.

SEC. 4. SOCIAL SECURITY OFF-BUDGET POINT OF ORDER.

    Section 301 of the Congressional Budget Act of 1974 is amended by 
adding at the end the following:
    ``(j) Social Security Off-Budget Point of Order.--It shall not be 
in order in the House or the Senate to consider any concurrent 
resolution on the budget (or amendment, motion, or conference report on 
the resolution) that violates section 13301 of the Budget Enforcement 
Act of 1990.''.

SEC. 5. MEDICARE SURPLUS RESERVE POINT OF ORDER.

    Section 301 of the Congressional Budget Act of 1974 is amended by 
adding at the end the following:
    ``(k) Medicare Surplus Reserve Point of Order.--It shall not be in 
order in the Senate to consider any concurrent resolution on the budget 
(or amendment, motion, or conference report on the resolution) that 
would decrease the surplus in any of the fiscal years covered by the 
concurrent resolution below the levels of the Medicare surplus reserve 
for those fiscal years calculated in accordance with section 316.''.

SEC. 6. ENFORCEMENT OF MEDICARE SURPLUS RESERVE.

    Section 311(a) of the Congressional Budget Act of 1974 is amended 
by adding at the end the following:
                    ``(4) Enforcement of the medicare surplus 
                reserve.--After a concurrent resolution on the budget 
                has been agreed to, 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 that would cause a decrease in the 
                Medicare surplus reserve in any of the fiscal years 
                covered by the concurrent resolution. This paragraph 
                shall not apply to a provision that appropriates new 
                subsidies from the general fund to the Medicare 
                Hospital Insurance Trust Fund.''.

SEC. 7. SUPERMAJORITY.

    Subsections (c)(2) and (d)(3) of section 904 of the Congressional 
Budget Act of 1974 are amended by inserting after ``301(i),'' the 
following: ``301(j), 301(k), 311(a)(4),''.

SEC. 8. MEDICARE SURPLUS RESERVE.

    Title III of the Congressional Budget Act of 1974 is amended by 
adding at the end the following:

                       ``medicare surplus reserve

    ``Sec. 316. (a) In General.--Subject to adjustment pursuant to 
subsection (b), the amounts reserved for the Medicare surplus reserve 
in each year are--
            ``(1) for fiscal year 2000, $0;
            ``(2) for fiscal year 2001, $3,000,000,000;
            ``(3) for fiscal year 2002, $26,000,000,000;
            ``(4) for fiscal year 2003, $15,000,000,000;
            ``(5) for fiscal year 2004, $21,000,000,000;
            ``(6) for fiscal year 2005, $35,000,000,000;
            ``(7) for fiscal year 2006, $63,000,000,000;
            ``(8) for fiscal year 2007, $68,000,000,000;
            ``(9) for fiscal year 2008, $72,000,000,000;
            ``(10) for fiscal year 2009, $73,000,000,000;
            ``(11) for fiscal year 2010, $70,000,000,000;
            ``(12) for fiscal year 2011, $73,000,000,000;
            ``(13) for fiscal year 2012, $70,000,000,000;
            ``(14) for fiscal year 2013, $66,000,000,000; and
            ``(15) for fiscal year 2014, $52,000,000,000.
    ``(b) Adjustment.--
            ``(1) In general.--The amounts in subsection (a) for each 
        fiscal year shall be adjusted in the budget resolution each 
        fiscal year through 2014 by a fixed percentage equal to the 
        adjustment required to those amounts sufficient to extend the 
        solvency of the Federal Hospital Insurance Trust Fund through 
        fiscal year 2027.
            ``(2) Limit based on total surplus.--The Medicare surplus 
        reserve, as adjusted by paragraph (1), shall not exceed the 
        total baseline surplus in any fiscal year.''.

SEC. 9. PAY-AS-YOU-GO AND DISCRETIONARY CAP EXTENSION.

    (a) In General.--Notwithstanding any other provision of law, 
sections 251 and 252 of the Balanced Budget and Emergency Deficit 
Control Act of 1985 and section 202 of H. Con. Res. 67 (104th Congress) 
shall be enforced until Congress enacts legislation that--
            (1) ensures the long-term fiscal solvency of the Social 
        Security trust funds and extends the solvency of the Medicare 
        trust fund through fiscal year 2027; and
            (2) includes a certification in that legislation that the 
        legislation complies with paragraph (1).
    (b) Discretionary Cap Extension.--Section 251(c) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 is amended by adding 
after paragraph (7) the following:
            ``(8) for each fiscal year after 2002, the current services 
        baseline based on the discretionary spending limit for fiscal 
        year 2002;''.

SEC. 10. ADJUSTMENT OF BUDGET LEVELS AND REPEAL.

    (a) Adjustments.--Upon the enactment of this Act, the Chairmen of 
the Committees on the Budget shall file with their Houses appropriately 
revised budget aggregates, allocations, and levels (including 
reconciliation levels) under the Congressional Budget Act of 1974 to 
carry out this Act.
    (b) Repeal.--Section 207 of H. Con. Res. 68 (106th Congress) is 
repealed.

Summary: Social Security and Medicare Lock Box Act - Declares that Congress reaffirms its support for section 13301 of the Omnibus Budget Reconciliation Act of 1990, which provides that the receipts and disbursements of the social security trust funds shall not be counted for the purposes of the budget submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 . Amends the Congressional Budget Act of 1974 to declare out of order in the House of Representatives or the Senate consideration of any concurrent resolution on the budget that violates section 13301 of the Budget Enforcement Act of 1990. Declares that it shall be out of order in the Senate to consider any concurrent resolution on the budget that would decrease the surplus in any of the fiscal years covered by the concurrent resolution below the levels of the Medicare surplus reserve for those fiscal years. Declares that, after a concurrent resolution on the budget has been agreed to, it shall not be in order in the House or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause a decrease in the Medicare surplus reserve in any of the fiscal years covered by the concurrent resolution. Exempts from a point of order raised on this basis any appropriation of new subsidies from the general fund to the Medicare Hospital Insurance Trust Fund. Makes all points of order established by this Act waivable only by a three-fifths supermajority vote. Establishes the Medicare Surplus Reserve in the Treasury, consisting of specified amounts for each fiscal year from FY 2001 through 2014 , subject to annual adjustment to extend the solvency of the Federal Hospital Insurance Trust Fund through FY 2027. Prohibits the Reserve, as adjusted, from exceeding the total baseline surplus in any fiscal year. Declares that certain pay-as-you-go requirements of the Gramm-Rudman-Hollings Act and of H. Con. Res. 67 shall be enforced until Congress enacts legislation that ensures the long-term fiscal solvency of the social security trust funds and extends the solvency of the Medicare trust fund through FY 2027. Amends the Gramm-Rudman-Hollings Act to base the current services baseline for each fiscal year after 2002 on the discretionary spending limit for FY 2002. Directs the Chairmen of the Committees on the Budget to revise the current budget resolution to make it consistent with this Act. Amends the current budget resolution to repeal the provision for a point of order in the Senate against the consideration of direct spending or revenue legislation that would increase, or cause, an on-budget deficit during specified time periods, subject to a waiver by a three-fifths majority vote. Restores the previous pay-as-you-go point of order in Concurrent Resolution on the Budget for FY 1996, which was repealed by the current budget resolution.