What This Bill Does
This bill requires Congress to use a supermajority vote (two-thirds agreement) before it can consider bills that would cut benefits from Social Security, Medicare, or other programs run by the Social Security Administration or Centers for Medicare and Medicaid Services. The bill aims to protect these benefits by making it harder to pass laws that reduce them.
Who It Affects
People who receive Social Security benefits, Medicare benefits, or other benefits administered by the Social Security Administration or Centers for Medicare and Medicaid Services. Congress members voting on bills that would reduce these benefits.
Key Provisions
• Any bill or amendment that would reduce existing benefits from Social Security or Medicare cannot be considered in the House or Senate unless two-thirds of the members present and voting agree to consider it. (Sec. 2(a))
• This supermajority requirement does not apply to cuts in payments to Medicare Advantage plans (a type of private Medicare option) if the bill increases payments for other Medicare purposes by an equal or greater amount. (Sec. 2(b))
• When deciding whether a provision would reduce benefits, Congress must rely solely on a determination made by the Office of the Chief Actuary of the Social Security Administration. (Sec. 3)
What Changes
If this bill becomes law, Congress would need a two-thirds vote instead of a simple majority to pass bills that cut Social Security or Medicare benefits. Currently, no such requirement exists.
Important Definitions
None defined in bill text.
I
118TH CONGRESS
1ST SESSION
H. R. 814
To protect benefits provided under Social Security, Medicare, and any other
program of benefits administered by the Social Security Administration
or the Centers for Medicare and Medicaid Services.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 2023
Mr. POCAN (for himself, Mr. DOGGETT, and Mr. FROST) introduced the
following bill; which was referred to the Committee on Rules
A BILL
To protect benefits provided under Social Security, Medicare,
and any other program of benefits administered by the
Social Security Administration or the Centers for Medi-
care and Medicaid Services.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protect Social Security
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and Medicare Act’’.
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•HR 814 IH
SEC. 2. SUPERMAJORITY VOTE REQUIRED TO CUT BENE-
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FITS ADMINISTERED BY SOCIAL SECURITY
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ADMINISTRATION OR CENTERS FOR MEDI-
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CARE AND MEDICAID SERVICES.
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(a) SUPERMAJORITY VOTE REQUIREMENT.—A bill or
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joint resolution, or any amendment offered to a bill or
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joint resolution, which contains any provision which, if en-
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acted, would result in the reduction of any existing benefit
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provided or administered by the Social Security Adminis-
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tration or the Centers for Medicare and Medicaid Services
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may not be considered in the House of Representatives
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or the Senate unless two-thirds of the Members present
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and voting agree to a motion to consider the bill, joint
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resolution, or amendment with the provision included.
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(b) EXCEPTION FOR PAYMENTS TO MEDICARE AD-
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VANTAGE PLANS.—Subsection (a) does not apply to any
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provision which, if enacted, would result in the reduction
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of any payment made to a Medicare Advantage plan under
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part C of title XVIII of the Social Security Act (42 U.S.C.
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1395w–21 et seq.), but only if the provision would, if en-
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acted, result in an increase in the amount of payments
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made for other purposes under title XVIII of the Social
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Security Act in an amount equal to or greater than the
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amount of the reduction in payment made to the Medicare
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Advantage plan.
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•HR 814 IH
SEC. 3. DETERMINATION OF REDUCTION OF BENEFITS.
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During the consideration of a bill, joint resolution,
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or amendment in the House of Representatives or Senate,
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any determination regarding whether a provision in the
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bill, joint resolution, or amendment would, if enacted, re-
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sult in a reduction described in section 2(a) or a reduction
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or increase described in section 2(b) shall be made solely
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on the basis of a determination made by the Office of the
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Chief Actuary of the Social Security Administration.
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Æ
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