I

106TH CONGRESS

1ST SESSION H. R. 1259

To amend the Congressional Budget Act of 1974 to protect Social Security

surpluses through strengthened budgetary enforcement mechanisms.

IN THE HOUSE OF REPRESENTATIVES

MARCH 24, 1999

Mr. HERGER (for himself, Mr. SHAW, Mr. CRANE, Mr. THOMAS, Mr. HOUGHTON, Mr. ARCHER, Mr. MCCRERY, Mr. RAMSTAD, Mr. NUSSLE, Mr. SAM

JOHNSON of Texas, Ms. DUNN, Mr. PORTMAN, Mr. ENGLISH, Mr. WATKINS, Mr. HAYWORTH, Mr. WELLER, Mr. HULSHOF, Mr. MCINNIS, Mr.

LEWIS of Kentucky, and Mr. BILBRAY) introduced the following bill;

which was referred to the Committee on the Budget, and in addition to

the Committees on Ways and Means, and Rules, 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 amend the Congressional Budget Act of 1974 to protect

Social Security surpluses through strengthened budgetary enforcement mechanisms.

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 Safe Deposit Box Act of 1999’’.
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1 SEC. 2. FINDINGS AND PURPOSE.

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

3 (1) the Congress and the President joined to4 gether to enact the Balanced Budget Act of 1997 to

5 end decades of deficit spending;

6 (2) strong economic growth and fiscal discipline

7 have resulted in strong revenue growth into the

8 Treasury;

9 (3) the combination of these factors is expected

10 to enable the Government to balance its budget with11 out the social security surpluses;

12 (4) the Congress has chosen to allocate in this

13 Act all social security surpluses toward saving social

14 security and medicare;

15 (5) amounts so allocated are even greater than

16 those reserved for social security and medicare in

17 the President’s budget, will not require an increase

18 in the statutory debt limit, and will reduce debt held

19 by the public until social security and medicare re20 form is enacted; and

21 (6) this strict enforcement is needed to lock

22 away the amounts necessary for legislation to save

23 social security and medicare.

24 (b) PURPOSE.—It is the purpose of this Act to pro25 hibit the use of social security surpluses for any purpose

26 other than reforming social security and medicare.
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1 SEC. 3. PROTECTION OF SOCIAL SECURITY SURPLUSES.

2 (a) POINTS OF ORDER TO PROTECT SOCIAL SECU3 RITY SURPLUSES.—Section 312 of the Congressional

4 Budget Act of 1974 is amended by adding at the end the

5 following new subsection:

6 ‘‘(g) POINTS OF ORDER TO PROTECT SOCIAL SECU7 RITY SURPLUSES.—

8 ‘‘(1) CONCURRENT RESOLUTIONS ON THE

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

10 Representatives or the Senate to consider any con11 current resolution on the budget, or conference re12 port thereon or amendment thereto, that would

13 cause or increase an on-budget deficit for any fiscal

14 year.

15 ‘‘(2) SUBSEQUENT LEGISLATION.—It shall not

16 be in order in the House of Representatives or the

17 Senate to consider any bill, joint resolution, amend18 ment, motion, or conference report if—

19 ‘‘(A) the enactment of that bill or resolu20 tion as reported;

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

22 amendment; or

23 ‘‘(C) the enactment of that bill or resolu24 tion in the form recommended in that con25 ference report;
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1 would cause or increase an on-budget deficit for any

2 fiscal year.

3 ‘‘(3) EXCEPTION.—The point of order set forth

4 in paragraph (2) shall not apply to social security

5 reform legislation or medicare reform legislation as

6 defined by section 5(c) of the Social Security and

7 Medicare Safe Deposit Box Act of 1999.

8 ‘‘(4) DEFINITION.—For purposes of this sec9 tion, the term ‘on-budget deficit’, when applied to a

10 fiscal year, means the deficit in the budget as set

11 forth in the most recently agreed to concurrent reso12 lution on the budget pursuant to section 301(a)(3)

13 for that fiscal year.’’.

14 (b) CONTENT OF CONCURRENT RESOLUTION ON THE

15 BUDGET.—Section 301(a) of the Congressional Budget

16 Act of 1974 is amended by redesignating paragraphs (6)

17 and (7) as paragraphs (7) and (8), respectively, and by

18 inserting after paragraph (5) the following new paragraph:

19 ‘‘(6) the receipts, outlays, and surplus or deficit

20 in the Federal Old-Age and Survivors Insurance

21 Trust Fund and the Federal Disability Insurance

22 Trust Fund, combined, established by title II of the

23 Social Security Act;’’.
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1 (c) SUPER MAJORITY REQUIREMENT.—(1) Section

2 904(c)(1) of the Congressional Budget Act of 1974 is

3 amended by inserting ‘‘312(g),’’ after ‘‘310(d)(2),’’.

4 (2) Section 904(d)(2) of the Congressional Budget

5 Act of 1974 is amended by inserting ‘‘312(g),’’ after

6 ‘‘310(d)(2),’’.

7 SEC. 4. REMOVING SOCIAL SECURITY FROM BUDGET PRO8 NOUNCEMENTS.

9 (a) IN GENERAL.—Any official statement issued by

10 the Office of Management and Budget, the Congressional

11 Budget Office, or any other agency or instrumentality of

12 the Federal Government of surplus or deficit totals of the

13 budget of the United States Government as submitted by

14 the President or of the surplus or deficit totals of the con15 gressional budget, and any description of, or reference to,

16 such totals in any official publication or material issued

17 by either of such Offices or any other such agency or in18 strumentality, shall exclude the outlays and receipts of the

19 old-age, survivors, and disability insurance program under

20 title II of the Social Security Act (including the Federal

21 Old-Age and Survivors Insurance Trust Fund and the

22 Federal Disability Insurance Trust Fund) and the related

23 provisions of the Internal Revenue Code of 1986.

24 (b) SEPARATE SOCIAL SECURITY BUDGET DOCU25 MENTS.—The excluded outlays and receipts of the old-age,
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1 survivors, and disability insurance program under title II

2 of the Social Security Act shall be submitted in separate

3 social security budget documents.

4 SEC. 5. EFFECTIVE DATE.

5 (a) IN GENERAL.—This Act shall take effect upon

6 the date of its enactment and the amendments made by

7 this Act shall apply only to fiscal year 2000 and subse8 quent fiscal years.

9 (b) EXPIRATION.—Sections 301(a)(6) and 312(g)

10 shall expire upon the enactment of social security reform

11 legislation and medicare reform legislation.

12 (c) DEFINITIONS.—

13 (1) SOCIAL SECURITY REFORM LEGISLATION.—

14 The term ‘‘social security reform legislation’’ means

15 a bill or a joint resolution that is enacted into law

16 and includes a provision stating the following: ‘‘For

17 purposes of the Social Security and Medicare Safe

18 Deposit Box Act of 1999, this Act constitutes social

19 security reform legislation.’’.

20 (2) The term ‘‘medicare reform legislation’’

21 means a bill or a joint resolution that is enacted into

22 law and includes a provision stating the following:

23 ‘‘For purposes of the Social Security and Medicare
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1 Safe Deposit Box Act of 1999, this Act constitutes

2 medicare reform legislation.’’.

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