I

103D CONGRESS

1ST SESSION H. R. 2273

To amend the Omnibus Budget Reconciliation Act of 1990 to clarify that

the expenses of administering the Old Age, Survivors and Disability

Insurance programs are not included in the budget of the United States

Government, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 26, 1993

Mr. JACOBS (for himself and Mr. ROSTENKOWSKI) introduced the following

bill; which was referred jointly to the Committees on Government Operations, Ways and Means, and Rules

A BILL

To amend the Omnibus Budget Reconciliation Act of 1990

to clarify that the expenses of administering the Old

Age, Survivors and Disability Insurance programs are

not included in the budget of the United States Government, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CLARIFICATION OF STATUS OF ADMINISTRA4 TIVE EXPENSES PAID FROM THE OASDI

5 TRUST FUNDS.

6 (a) Section 13301(a) of the Omnibus Budget Rec7 onciliation Act of 1990 is amended by inserting ‘‘(includ-
2

HR 2273 IH

1 ing the expenses of administering the old-age, survivors,

2 and disability insurance programs)’’ before ‘‘shall’’ and by

3 adding at the end the following new sentence: ‘‘No ex4 penses of administering the old-age, survivors, and disabil5 ity insurance programs shall be subject to sequestration

6 under the Balanced Budget and Emergency Deficit Con7 trol Act of 1985.’’.

8 (b)(1) Section 250(c)(4)(B) of the Balanced Budget

9 and Emergency Deficit Control Act of 1985 is amended

10 by inserting after ‘‘appropriations’’ the following: ‘‘, except

11 that expenses for the administration of the social security

12 old-age and survivors insurance trust fund and the disabil13 ity insurance trust fund (20–8006–0–7–651 and 20–

14 8007–0–7–651) shall not be considered to be within any

15 category’’.

16 (2) Section 253(b) of such Act is amended by striking

17 ‘‘and’’ after paragraph (2), by striking the period and in18 serting ‘‘; and’’ after paragraph (3), and by adding at the

19 end the following new paragraph:

20 ‘‘(4) any spending excluded under section

21 250(c)(4)(B).’’.

22 (3) Section 256(h)(4) of such Act is amended by in23 serting at the end the following:

24 ‘‘(J) The old-age, survivors and disability

25 insurance (OASDI) programs.’’.
3

HR 2273 IH

1 SEC. 2. PROTECTION OF THE OASDI TRUST FUNDS IN THE

2 HOUSE OF REPRESENTATIVES.

3 (a) CONTENT OF CONCURRENT RESOLUTION ON THE

4 BUDGET.—The last sentence of section 301(a) of the Con5 gressional Budget Act of 1974 is amended by inserting

6 before the period the following: ‘‘, but shall separately set

7 forth an estimate of benefit payments under the old-age,

8 survivors, and disability insurance programs under title II

9 of the Social Security Act for the fiscal year and each of

10 the two ensuing fiscal years’’.

11 (b) PROTECTION OF OASDI TRUST FUNDS.—Sec12 tion 13302 of the Budget Enforcement Act of 1990 is

13 amended by inserting at the end the following:

14 ‘‘(d) POINT OF ORDER.—It shall not be in order in

15 the House of Representatives to consider any bill or joint

16 resolution, as reported, amendment, or conference report

17 the enactment of which would provide an appropriation

18 for a fiscal year for the expenses of administering the old19 age, survivors, and disability insurance programs under

20 title II of the Social Security Act in excess of 1.5 percent

21 of the estimate of benefit payments under those programs

22 for that fiscal year set forth in the most recently agreed

23 to concurrent resolution on the budget.’’.
4

HR 2273 IH

1 SEC. 3. TECHNICAL CORRECTIONS RELATED TO OASDI IN

2 THE OMNIBUS BUDGET RECONCILIATION

3 ACT OF 1990.

4 (a) AMENDMENTS RELATED TO PROVISIONS IN SEC5 TION 5103(b) RELATING TO DISABLED WIDOWS.—Sec6 tion 223(f)(2) of the Social Security Act (42 U.S.C.

7 423(f)(2)) is amended—

8 (1) in subparagraph (A), by striking ‘‘(in a case

9 to which clause (ii)(II) does not apply)’’; and

10 (2) by striking subparagraph (B)(ii) and insert11 ing the following:

12 ‘‘(ii) the individual is now able to en13 gage in substantial gainful activity; or’’.

14 (b) AMENDMENTS RELATED TO PROVISIONS IN SEC15 TION 5105(d) RELATING TO REPRESENTATIVE PAY16 EES.—Section 5105(d)(1)(A) of the Omnibus Budget

17 Reconciliation Act of 1990 (Public Law 101–508) is

18 amended—

19 (1) by striking ‘‘Section 205(j)(5)’’ and insert20 ing ‘‘Section 205(j)(6)’’; and

21 (2) by redesignating the paragraph (5) as

22 amended thereby as paragraph (6).

23 (c) AMENDMENTS RELATED TO PROVISIONS IN SEC24 TION 5106 RELATING TO COORDINATION OF RULES

25 UNDER TITLES II AND XVI GOVERNING FEES FOR REP-
5

HR 2273 IH

1 RESENTATIVES OF CLAIMANTS WITH ENTITLEMENTS

2 UNDER BOTH TITLES.—

3 (1) CALCULATION OF FEE OF CLAIMANT’S REP4 RESENTATIVE BASED ON AMOUNT OF PAST-DUE

5 SUPPLEMENTAL SECURITY INCOME BENEFITS AFTER

6 APPLICATION OF WINDFALL OFFSET PROVISION.—

7 Section 1631(d)(2)(A)(i) of the Social Security Act

8 (as amended by section 5106(a)(2) of the Omnibus

9 Budget Reconciliation Act of 1990) (42 U.S.C.

10 1383(d)(2)(A)(i)) is amended to read as follows:

11 ‘‘(i) by substituting, in subparagraphs (A)(ii)(I)

12 and (C)(i), the phrase ‘(as determined before any

13 applicable reduction under section 1631(g), and re14 duced by the amount of any reduction in benefits

15 under this title or title II made pursuant to section

16 1127(a))’ for the parenthetical phrase contained

17 therein; and’’.

18 (2) CALCULATION OF PAST-DUE BENEFITS FOR

19 PURPOSES OF DETERMINING ATTORNEY FEES IN JU20 DICIAL PROCEEDINGS.—

21 (A) IN GENERAL.—Section 206(b)(1) of

22 such Act (42 U.S.C. 406(b)(1)) is amended—

23 (i) by inserting ‘‘(A)’’ after ‘‘(b)(1)’’;

24 and
6

HR 2273 IH

1 (ii) by adding at the end the following

2 new subparagraph:

3 ‘‘(B) For purposes of this paragraph—

4 ‘‘(i) the term ‘past-due benefits’ excludes any

5 benefits with respect to which payment has been

6 continued pursuant to subsection (g) or (h) of sec7 tion 223, and

8 ‘‘(ii) amounts of past-due benefits shall be

9 taken into account to the extent provided under the

10 rules applicable in cases before the Secretary.’’.

11 (B) PROTECTION FROM OFFSETTING SSI

12 BENEFITS.—The last sentence of section

13 1127(a) of such Act (as added by section

14 5106(b) of the Omnibus Budget Reconciliation

15 Act of 1990) (42 U.S.C. 1320a–6(a)) is amend16 ed by striking ‘‘section 206(a)(4)’’ and inserting

17 ‘‘subsection (a)(4) or (b) of section 206’’.

18 (3) APPLICATION OF SINGLE DOLLAR AMOUNT

19 CEILING TO CONCURRENT CLAIMS UNDER TITLES II

20 AND XVI.—

21 (A) IN GENERAL.—Section 206(a)(2) of

22 such Act (as amended by section 5106(a)(1) of

23 the Omnibus Budget Reconciliation Act of

24 1990) (42 U.S.C. 406(a)(2)) is amended—
7

HR 2273 IH

1 (i) by redesignating subparagraph (C)

2 as subparagraph (D); and

3 (ii) by inserting after subparagraph

4 (B) the following new subparagraph:

5 ‘‘(C) In any case involving—

6 ‘‘(i) an agreement described in subparagraph

7 (A) with any person relating to both a claim of enti8 tlement to past-due benefits under this title and a

9 claim of entitlement to past-due benefits under title

10 XVI, and

11 ‘‘(ii) a favorable determination made by the

12 Secretary with respect to both such claims,

13 the Secretary may approve such agreement only if the

14 total fee or fees specified in such agreement does not ex15 ceed, in the aggregate, the dollar amount in effect under

16 subparagraph (A)(ii)(II).’’.

17 (B) CONFORMING AMENDMENT.—Section

18 206(a)(3)(A) of such Act (as amended by sec19 tion 5106(a)(1) of the Omnibus Budget Rec20 onciliation Act of 1990) (42 U.S.C.

21 406(a)(3)(A)) is amended by striking ‘‘para22 graph (2)(C)’’ and inserting ‘‘paragraph

23 (2)(D)’’.

24 (d) AMENDMENT RELATED TO PROVISIONS IN SEC25 TION 5115 RELATING TO ADVANCE TAX TRANSFERS.—
8

HR 2273 IH

1 Section 201(a) of the Social Security Act (42 U.S.C.

2 401(a)) is amended in the last sentence by striking ‘‘and’’

3 the second place it appears.

4 SEC. 4. EFFECTIVE DATE.

5 (a) SECTIONS 1 AND 2.—The amendments made by

6 sections 1 and 2 shall apply to fiscal year 1994 and subse7 quent fiscal years.

8 (b) SECTION 3.—Each amendment made by section

9 3 shall take effect as if included in the provisions of the

10 Omnibus Budget Reconciliation Act of 1990 to which such

11 amendment relates.

Æ