I 
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. MEE-
HAN, 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 jurisdic-
tion 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 Representa-
tives 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— 
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(1) fiscal pressures will mount as an aging pop-
ulation 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 pre-
vent 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 MEDI-
CARE 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 con-
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current 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 In-
surance Trust Fund, the Federal Old-Age and Sur-
vivors Insurance Trust Fund, and the Federal Dis-
ability 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 resolu-
tion, as reported; 
‘‘(B) the adoption and enactment of that 
amendment; or 
‘‘(C) the enactment of that bill or resolu-
tion in the form recommended in that con-
ference 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. 
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‘‘(b) ENFORCEMENT.— 
‘‘(1) BUDGETARY LEVELS WITH RESPECT TO 
CONCURRENT RESOLUTIONS ON THE BUDGET.—For 
purposes of enforcing any point of order under sub-
section (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 re-
ported, or in the conference report on the con-
current resolution on the budget; and 
‘‘(B) adjusted to the maximum extent al-
lowable under all procedures that allow budg-
etary aggregates to be adjusted for legislation 
that would cause a decrease in the surplus for 
any fiscal year covered by the concurrent reso-
lution on the budget (other than procedures de-
scribed 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 as-
sumptions— 
‘‘(i) direct spending and revenue levels 
at the baseline levels underlying the most 
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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 ad-
justments in budgetary aggregates for updated 
economic and technical assumptions in the mid- 
session report of the Director of the Congres-
sional 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 sur-
pluses of the Federal Hospital Insurance Trust 
Fund, the Federal Old-Age and Survivors Insurance 
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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 ab-
sence 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 ACCOM-
PANYING BUDGET RESOLUTIONS AND OF JOINT EXPLAN-
ATORY STATEMENTS.—The report accompanying any con-
current 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 Insur-
ance Trust Fund, the Federal Old-Age and Survivors In-
surance 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 
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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 con-
tents set forth in section 1(b) of the Congressional Budget 
and Impoundment Control Act of 1974 is amended by in-
serting after the item relating to section 315 the following 
new item: 
‘‘Sec. 316. Protection for Social Security and hospital insurance surpluses.’’. 
Æ 
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