II

106TH CONGRESS

1ST SESSION S. 1962

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

and Medicare surpluses through strengthened budgetary enforcement

mechanisms.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 18, 1999

Mr. ASHCROFT introduced the following bill; which was read twice and referred jointly pursuant to the order of August 4, 1977, to the Committees

on the Budget and Governmental Affairs, with instructions that if one

committee reports, the other committee have thirty days to report or be

discharged.

A BILL

To amend the Congressional Budget Act of 1974 to protect

Social Security and Medicare 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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•S 1962 RIS

1 SEC. 2. PROTECTION OF SOCIAL SECURITY AND MEDICARE

2 SURPLUSES.

3 (a) MEDICARE SURPLUSES OFF-BUDGET.—Notwith4 standing any other provision of law, the net surplus of

5 any trust fund for part A of Medicare shall not be counted

6 as a net surplus for purposes of—

7 (1) the budget of the United States Govern8 ment as submitted by the President;

9 (2) the congressional budget; or

10 (3) the Balanced Budget and Emergency Def11 icit Control Act of 1985.

12 (b) POINTS OF ORDER TO PROTECT SOCIAL SECU13 RITY AND MEDICARE SURPLUSES.—Section 312 of the

14 Congressional Budget Act of 1974 is amended by adding

15 at the end the following new subsection:

16 ‘‘(g) POINTS OF ORDER TO PROTECT SOCIAL SECU17 RITY AND MEDICARE SURPLUSES.—

18 ‘‘(1) CONCURRENT RESOLUTIONS ON THE

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

20 Representatives or the Senate to consider any con21 current resolution on the budget, or conference re22 port thereon or amendment thereto, that would set

23 forth an on-budget deficit for any fiscal year.

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

25 be in order in the House of Representatives or the
3

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1 Senate to consider any bill, joint resolution, amend2 ment, motion, or conference report if—

3 ‘‘(A) the enactment of that bill or resolu4 tion as reported;

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

6 amendment; or

7 ‘‘(C) the enactment of that bill or resolu8 tion in the form recommended in that con9 ference report,

10 would cause or increase an on-budget deficit for any

11 fiscal year.

12 ‘‘(3) DEFINITION.—For purposes of this sec13 tion, the term ‘on-budget deficit’, when applied to a

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

15 forth in the most recently agreed to concurrent reso16 lution on the budget pursuant to section 301(a)(3)

17 for that fiscal year.’’.

18 (c) CONTENT OF CONCURRENT RESOLUTION ON THE

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

20 Act of 1974 is amended—

21 (1) by redesignating paragraphs (6) and (7) as

22 paragraphs (7) and (8), respectively; and

23 (2) by inserting after paragraph (5) the fol24 lowing new paragraph:
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1 ‘‘(6) the receipts, outlays, and surplus or deficit

2 in the Federal Old-Age and Survivors Insurance

3 Trust Fund and the Federal Disability Insurance

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

5 Social Security Act;’’.

6 (d) SUPER MAJORITY REQUIREMENT.—

7 (1) POINT OF ORDER.—Section 904(c)(1) of the

8 Congressional Budget Act of 1974 is amended by in9 serting ‘‘312(g),’’ after ‘‘310(d)(2),’’.

10 (2) WAIVER.—Section 904(d)(2) of the Con11 gressional Budget Act of 1974 is amended by insert12 ing ‘‘312(g),’’ after ‘‘310(d)(2),’’.

13 SEC. 4. PROTECTION OF SOCIAL SECURITY AND MEDICARE

14 SURPLUSES.

15 (a) IN GENERAL.—Chapter 11 of subtitle II of title

16 31, United States Code, is amended by adding before sec17 tion 1101 the following:

18 ‘‘§ 1100. Protection of social security and medicare

19 surpluses

20 ‘‘The budget of the United States Government sub21 mitted by the President under this chapter shall not rec22 ommend an on-budget deficit for any fiscal year covered

23 by that budget.’’.
5

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1 (b) CHAPTER ANALYSIS.—The chapter analysis for

2 chapter 11 of title 31, United States Code, is amended

3 by inserting before the item for section 1101 the following:

‘‘1100. Protection of Social Security and Medicare Surpluses.’’.

4 SEC. 5. EFFECTIVE DATE.

5 This Act shall take effect upon the date of its enact6 ment and the amendments made by this Act shall apply

7 to fiscal year 2001 and subsequent fiscal years.

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