I 

112TH CONGRESS 

1ST SESSION H. R. 1630 

To establish a procedure to safeguard the surpluses of the Social Security 

and Medicare hospital insurance trust funds. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2011 

Mr. MURPHY of Pennsylvania (for himself, Mr. KISSELL, Mr. MCKINLEY, Mr. 

GERLACH, and Mr. HECK) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Social Security and 

5 Medicare Protection Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—The Congress finds that— 


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1 (1) fiscal pressures will mount as an aging pop2 ulation increases the Government’s obligations to 

3 provide retirement income and health services; 

4 (2) Social Security and Medicare surpluses 

5 should be reserved for strengthening and preserving 

6 the Social Security trust funds; and 

7 (3) preserving Social Security and Medicare 

8 surpluses would restore confidence in the long-term 

9 financial integrity of Social Security and Medicare. 

10 (b) PURPOSE.—It is the purpose of this Act to pre11 vent the Social Security and Medicare hospital insurance 

12 trust funds from being used for any purpose other than 

13 providing retirement and health security. 

14 SEC. 3. PROTECTION OF SOCIAL SECURITY AND MEDICARE 

15 SURPLUSES. 

16 (a) PROTECTION OF SOCIAL SECURITY AND MEDI17 CARE SURPLUSES.—Title III of the Congressional Budget 

18 Act of 1974 is amended by adding at the end the following 

19 new section: 

20 ‘‘PROTECTION FOR SOCIAL SECURITY AND HOSPITAL

21 INSURANCE SURPLUSES

22 ‘‘SEC. 316. (a) PROTECTION FOR SOCIAL SECURITY

23 AND HOSPITAL INSURANCE SURPLUSES.— 

24 ‘‘(1) CONCURRENT RESOLUTIONS ON THE

25 BUDGET.—It shall not be in order in the House of 

26 Representatives or the Senate to consider any conVerDate Mar 15 2010 00:31 Apr 21, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1630.IH H1630

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1 current resolution on the budget, or an amendment 

2 thereto or conference report thereon, that would set 

3 forth a surplus for any fiscal year that is less than 

4 the combined surpluses of the Federal Hospital In5 surance Trust Fund, the Federal Old-Age and Sur6 vivors Insurance Trust Fund, and the Federal Dis7 ability Insurance Trust Fund for that fiscal year. 

8 ‘‘(2) SPENDING AND TAX LEGISLATION.—It 

9 shall not be in order in the House of Representatives 

10 or the Senate to consider any bill, joint resolution, 

11 amendment, motion, or conference report if— 

12 ‘‘(A) the enactment of that bill or resolu13 tion, as reported; 

14 ‘‘(B) the adoption and enactment of that 

15 amendment; or 

16 ‘‘(C) the enactment of that bill or resolu17 tion in the form recommended in that con18 ference report, 

19 would cause the surplus for any fiscal year covered 

20 by the most recently agreed to concurrent resolution 

21 on the budget to be less than the combined surpluses 

22 of the Federal Hospital Insurance Trust Fund, the 

23 Federal Old-Age and Survivors Insurance Trust 

24 Fund, and the Federal Disability Insurance Trust 

25 Fund for that fiscal year. 


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1 ‘‘(b) ENFORCEMENT.— 

2 ‘‘(1) BUDGETARY LEVELS WITH RESPECT TO

3 CONCURRENT RESOLUTIONS ON THE BUDGET.—For 

4 purposes of enforcing any point of order under sub5 section (a)(1), the surplus for any fiscal year shall 

6 be— 

7 ‘‘(A) the levels set forth in the later of the 

8 concurrent resolution on the budget, as re9 ported, or in the conference report on the con10 current resolution on the budget; and 

11 ‘‘(B) adjusted to the maximum extent al12 lowable under all procedures that allow budg13 etary aggregates to be adjusted for legislation 

14 that would cause a decrease in the surplus for 

15 any fiscal year covered by the concurrent reso16 lution on the budget (other than procedures de17 scribed in paragraph (2)(B)). 

18 ‘‘(2) CURRENT LEVELS WITH RESPECT TO

19 SPENDING AND TAX LEGISLATION.—For purposes of 

20 enforcing subsection (a)(2), the current levels of the 

21 surplus for any fiscal year shall be— 

22 ‘‘(A) calculated using the following as23 sumptions— 

24 ‘‘(i) direct spending and revenue levels 

25 at the baseline levels underlying the most 


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1 recently agreed to concurrent resolution on 

2 the budget; and 

3 ‘‘(ii) for the budget year, discretionary 

4 spending levels at current law levels and, 

5 for outyears, discretionary spending levels 

6 at the baseline levels underlying the most 

7 recently agreed to concurrent resolution on 

8 the budget; and 

9 ‘‘(B) adjusted for changes in the surplus 

10 levels set forth in the most recently agreed to 

11 concurrent resolution on the budget pursuant to 

12 procedures in such resolution that authorize ad13 justments in budgetary aggregates for updated 

14 economic and technical assumptions in the mid15 session report of the Director of the Congres16 sional Budget Office. 

17 Such revisions shall be included in the first current 

18 level report on the congressional budget submitted 

19 for publication in the Congressional Record after the 

20 release of such mid-session report. 

21 ‘‘(3) DISCLOSURE OF HI AND SOCIAL SECURITY

22 SURPLUSES.—For purposes of enforcing any point 

23 of order under subsection (a), the combined sur24 pluses of the Federal Hospital Insurance Trust 

25 Fund, the Federal Old-Age and Survivors Insurance 


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1 Trust Fund, and the Federal Disability Insurance 

2 Trust Fund for a fiscal year shall be the levels set 

3 forth in the later of the report accompanying the 

4 concurrent resolution on the budget (or, in the ab5 sence of such a report, placed in the Congressional 

6 Record prior to the consideration of such resolution) 

7 or in the joint explanatory statement of managers 

8 accompanying such resolution. 

9 ‘‘(c) ADDITIONAL CONTENT OF REPORTS ACCOM10 PANYING BUDGET RESOLUTIONS AND OF JOINT EXPLAN11 ATORY STATEMENTS.—The report accompanying any con12 current resolution on the budget and the joint explanatory 

13 statement accompanying the conference report on each 

14 such resolution shall include the levels of the surplus in 

15 the budget for each fiscal year set forth in such resolution 

16 and of the surplus or deficit in the Federal Hospital Insur17 ance Trust Fund, the Federal Old-Age and Survivors In18 surance Trust Fund, and the Federal Disability Insurance 

19 Trust Fund, calculated using the assumptions set forth 

20 in subsection (b)(2). 

21 ‘‘(d) WAIVER AND APPEAL.—Subsection (a) may be 

22 waived or suspended in the Senate only by an affirmative 

23 vote of three-fifths of the Members, duly chosen and 

24 sworn. An affirmative vote of three-fifths of the Members 

25 of the Senate, duly chosen and sworn, shall be required 


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1 in the Senate to sustain an appeal of the ruling of the 

2 Chair on a point of order raised under this section.’’. 

3 (b) CONFORMING AMENDMENT.—The item relating 

4 to section 316 in the table of contents set forth in section 

5 1(b) of the Congressional Budget and Impoundment Con6 trol Act of 1974 is amended to read as follows: 

‘‘Sec. 316. Protection for Social Security and hospital insurance surpluses.’’. 

Æ 


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