Senate 36 Protect Our Seniors Act

Protect Our Seniors Act

Bill Summary

The Protect Our Seniors Act (S. 36), introduced by Sen. Rick Scott, proposes two new Senate budget enforcement rules meant to insulate Social Security and Medicare from cuts and from being used as “piggy banks” to finance unrelated policies. The bill does not change program benefits directly; instead, it amends the Congressional Budget Act to create points of order that make it procedurally very difficult for the Senate to pass legislation that reduces benefits or diverts Medicare savings to other purposes. Both points of order can only be waived by a two‑thirds vote of Senators—67 votes if all seats are filled—which is an unusually high threshold that would give these protections significant force in practice.

First, the bill establishes a “Medicare and Social Security Point of Order” prohibiting Senate consideration of any bill, amendment, motion, or conference report that would reduce benefits under Medicare (Title XVIII of the Social Security Act) or reduce benefits payable under Social Security’s Title II (retirement, survivors, and disability insurance). The text focuses on “benefits,” not program outlays in general. That distinction matters: it targets changes that diminish what beneficiaries receive or can claim. Examples that would likely be covered include raising the Social Security full retirement age, reducing cost-of-living adjustments (COLAs), altering the benefit formula in a way that lowers earned benefits, imposing means-testing that reduces benefits for some beneficiaries, or raising the Medicare eligibility age. Provider payment cuts, fraud-and-abuse savings, or administrative changes that reduce Medicare spending without reducing the defined benefits might not be captured by this first point of order. To move any measure that does reduce benefits would require the two‑thirds waiver vote.

Second, the bill creates a separate “Medicare Point of Order” aimed at budgeting practices. It bars Senate consideration of any measure whose scored budgetary effects “use a decrease in outlays, or an increase in revenue, under the [Medicare] programs to offset a cost of a provision of the measure that is not for the purpose of carrying out those programs.” In plain terms, if a bill generates savings within Medicare (for instance, by reducing overpayments to plans or providers, or by drug cost reforms) or raises Medicare-related revenues, those savings cannot be used to pay for unrelated spending or tax cuts elsewhere in the bill. They must stay devoted to Medicare purposes—such as strengthening the Medicare trust fund, enhancing Medicare benefits, or paying for other Medicare operations. This point of order, too, requires a two‑thirds vote to waive, and sustaining the chair’s ruling on an appeal also requires two‑thirds.

Pros

  • Creates a high procedural barrier (two‑thirds vote) against cutting Social Security and Medicare benefits, aligning with the party’s long-standing commitment to protect earned benefits for seniors and people with disabilities.
  • Prevents the use of Medicare savings to fund unrelated spending or tax cuts, closing a common “pay‑for” tactic and encouraging reinvestment of savings into Medicare’s solvency and benefits.
  • Reduces the risk of benefit reductions slipping through large budget or reconciliation packages, where protections can otherwise be weaker.
  • Supports program integrity by keeping Medicare-focused reforms and savings within Medicare, potentially extending the Hospital Insurance trust fund.
  • Provides a clear political and policy signal that benefit erosion—via COLA changes, eligibility age hikes, or formula cuts—should not proceed without overwhelming bipartisan consensus.
  • Signals a strong commitment to seniors by protecting Medicare and Social Security benefits, countering accusations that Republicans favor entitlement cuts.
  • Establishes a “Medicare lockbox,” preventing lawmakers from using Medicare savings to subsidize unrelated spending or tax measures—a message of fiscal discipline within the program.
  • Encourages that any efficiencies or savings in Medicare are reinvested to strengthen Medicare’s trust fund or enhance benefits, rather than diverted.
  • Creates a high bar that prevents rushed or partisan benefit cuts from moving through reconciliation or end-of-year budget packages.
  • Political upside: provides members a clear procedural tool to demonstrate pro-senior credentials and resist benefit-cut amendments.

Cons

  • Limits fiscal flexibility for progressive health expansions outside Medicare (e.g., Affordable Care Act subsidies or public health investments) that have historically been financed in part with Medicare savings.
  • Could complicate comprehensive health reform packages that combine Medicare efficiencies with broader coverage initiatives by triggering a two‑thirds hurdle.
  • May constrain progressive redesigns that pair benefit expansions for lower-income beneficiaries with targeted reductions for higher-income beneficiaries (means-testing), since any reduction in benefits would face the supermajority requirement.
  • Ambiguities around what counts as “for the purpose of carrying out” Medicare could lead to restrictive interpretations that block worthwhile, Medicare-adjacent health investments.
  • Locks in a Senate-only rule, creating procedural asymmetry and potential friction with the House during conference negotiations.
  • Constrains entitlement reform options that many fiscal conservatives view as necessary to address long-term debt, by imposing a 67-vote threshold on any Medicare or Social Security benefit reductions.
  • Prevents using Medicare savings as offsets for other priorities, including deficit-neutral tax reforms or broader health system changes favored by some Republicans.
  • Shifts the path to Social Security solvency toward revenue-side options (e.g., tax increases) or general deficit reduction, since benefit-side adjustments become procedurally daunting.
  • Invites procedural skirmishes and parliamentarian rulings that could complicate GOP-crafted omnibus or reconciliation packages that mix Medicare reforms with other policies.
  • Because it is a Senate-only restriction embedded in statute, it could constrain negotiations with a Republican-led House seeking broader offsets, reducing deal-making flexibility.

This bill was introduced on January 08, 2025 in the Senate.

View on Congress.gov:
https://www.congress.gov/bill/119th-congress/senate-bill/36

  • Read twice and referred to the Committee on Rules and Administration.

  • Introduced in Senate

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This bill has not yet been enacted into law.

No related bills found for this legislation.

BILL IMAGE

Sponsors

Policy Area: Social Welfare

Associated Legislative Subjects

  • Legislative rules and procedure
  • Medicare
  • Senate
  • Social security and elderly assistance