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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 Oper-
ations, 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 Govern-
ment, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CLARIFICATION OF STATUS OF ADMINISTRA-
TIVE EXPENSES PAID FROM THE OASDI
TRUST FUNDS.
(a) Section 13301(a) of the Omnibus Budget Rec-
onciliation Act of 1990 is amended by inserting ‘‘(includ-
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ing the expenses of administering the old-age, survivors,
and disability insurance programs)’’ before ‘‘shall’’ and by
adding at the end the following new sentence: ‘‘No ex-
penses of administering the old-age, survivors, and disabil-
ity insurance programs shall be subject to sequestration
under the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.’’.
(b)(1) Section 250(c)(4)(B) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended
by inserting after ‘‘appropriations’’ the following: ‘‘, except
that expenses for the administration of the social security
old-age and survivors insurance trust fund and the disabil-
ity insurance trust fund (20–8006–0–7–651 and 20–
8007–0–7–651) shall not be considered to be within any
category’’.
(2) Section 253(b) of such Act is amended by striking
‘‘and’’ after paragraph (2), by striking the period and in-
serting ‘‘; and’’ after paragraph (3), and by adding at the
end the following new paragraph:
‘‘(4) any spending excluded under section
250(c)(4)(B).’’.
(3) Section 256(h)(4) of such Act is amended by in-
serting at the end the following:
‘‘(J) The old-age, survivors and disability
insurance (OASDI) programs.’’.
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SEC. 2. PROTECTION OF THE OASDI TRUST FUNDS IN THE
HOUSE OF REPRESENTATIVES.
(a) CONTENT OF CONCURRENT RESOLUTION ON THE
BUDGET.—The last sentence of section 301(a) of the Con-
gressional Budget Act of 1974 is amended by inserting
before the period the following: ‘‘, but shall separately set
forth an estimate of benefit payments under the old-age,
survivors, and disability insurance programs under title II
of the Social Security Act for the fiscal year and each of
the two ensuing fiscal years’’.
(b) PROTECTION OF OASDI TRUST FUNDS.—Sec-
tion 13302 of the Budget Enforcement Act of 1990 is
amended by inserting at the end the following:
‘‘(d) POINT OF ORDER.—It shall not be in order in
the House of Representatives to consider any bill or joint
resolution, as reported, amendment, or conference report
the enactment of which would provide an appropriation
for a fiscal year for the expenses of administering the old-
age, survivors, and disability insurance programs under
title II of the Social Security Act in excess of 1.5 percent
of the estimate of benefit payments under those programs
for that fiscal year set forth in the most recently agreed
to concurrent resolution on the budget.’’.
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SEC. 3. TECHNICAL CORRECTIONS RELATED TO OASDI IN
THE 
OMNIBUS 
BUDGET 
RECONCILIATION
ACT OF 1990.
(a) AMENDMENTS RELATED TO PROVISIONS IN SEC-
TION 5103(b) RELATING TO DISABLED WIDOWS.—Sec-
tion 223(f)(2) of the Social Security Act (42 U.S.C.
423(f)(2)) is amended—
(1) in subparagraph (A), by striking ‘‘(in a case
to which clause (ii)(II) does not apply)’’; and
(2) by striking subparagraph (B)(ii) and insert-
ing the following:
‘‘(ii) the individual is now able to en-
gage in substantial gainful activity; or’’.
(b) AMENDMENTS RELATED TO PROVISIONS IN SEC-
TION 5105(d) RELATING
TO REPRESENTATIVE PAY-
EES.—Section 5105(d)(1)(A) of the
Omnibus
Budget
Reconciliation Act of 1990 (Public Law 101–508) is
amended—
(1) by striking ‘‘Section 205(j)(5)’’ and insert-
ing ‘‘Section 205(j)(6)’’; and
(2) by redesignating the paragraph (5) as
amended thereby as paragraph (6).
(c) AMENDMENTS RELATED TO PROVISIONS IN SEC-
TION 5106 RELATING
TO COORDINATION
OF RULES
UNDER TITLES II AND XVI GOVERNING FEES FOR REP-
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RESENTATIVES
OF CLAIMANTS WITH ENTITLEMENTS
UNDER BOTH TITLES.—
(1) CALCULATION OF FEE OF CLAIMANT’S REP-
RESENTATIVE
BASED
ON
AMOUNT
OF
PAST-DUE
SUPPLEMENTAL SECURITY INCOME BENEFITS AFTER
APPLICATION OF WINDFALL OFFSET PROVISION.—
Section 1631(d)(2)(A)(i) of the Social Security Act
(as amended by section 5106(a)(2) of the Omnibus
Budget Reconciliation Act of 1990) (42 U.S.C.
1383(d)(2)(A)(i)) is amended to read as follows:
‘‘(i) by substituting, in subparagraphs (A)(ii)(I)
and (C)(i), the phrase ‘(as determined before any
applicable reduction under section 1631(g), and re-
duced by the amount of any reduction in benefits
under this title or title II made pursuant to section
1127(a))’ for the parenthetical phrase contained
therein; and’’.
(2) CALCULATION OF PAST-DUE BENEFITS FOR
PURPOSES OF DETERMINING ATTORNEY FEES IN JU-
DICIAL PROCEEDINGS.—
(A) IN
GENERAL.—Section 206(b)(1) of
such Act (42 U.S.C. 406(b)(1)) is amended—
(i) by inserting ‘‘(A)’’ after ‘‘(b)(1)’’;
and
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(ii) by adding at the end the following
new subparagraph:
‘‘(B) For purposes of this paragraph—
‘‘(i) the term ‘past-due benefits’ excludes any
benefits with respect to which payment has been
continued pursuant to subsection (g) or (h) of sec-
tion 223, and
‘‘(ii) amounts of past-due benefits shall be
taken into account to the extent provided under the
rules applicable in cases before the Secretary.’’.
(B) PROTECTION
FROM
OFFSETTING
SSI
BENEFITS.—The 
last 
sentence 
of 
section
1127(a) of such Act (as added by section
5106(b) of the Omnibus Budget Reconciliation
Act of 1990) (42 U.S.C. 1320a–6(a)) is amend-
ed by striking ‘‘section 206(a)(4)’’ and inserting
‘‘subsection (a)(4) or (b) of section 206’’.
(3) APPLICATION OF SINGLE DOLLAR AMOUNT
CEILING TO CONCURRENT CLAIMS UNDER TITLES II
AND XVI.—
(A) IN
GENERAL.—Section 206(a)(2) of
such Act (as amended by section 5106(a)(1) of
the Omnibus Budget Reconciliation Act of
1990) (42 U.S.C. 406(a)(2)) is amended—
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(i) by redesignating subparagraph (C)
as subparagraph (D); and
(ii) by inserting after subparagraph
(B) the following new subparagraph:
‘‘(C) In any case involving—
‘‘(i) an agreement described in subparagraph
(A) with any person relating to both a claim of enti-
tlement to past-due benefits under this title and a
claim of entitlement to past-due benefits under title
XVI, and
‘‘(ii) a favorable determination made by the
Secretary with respect to both such claims,
the Secretary may approve such agreement only if the
total fee or fees specified in such agreement does not ex-
ceed, in the aggregate, the dollar amount in effect under
subparagraph (A)(ii)(II).’’.
(B) CONFORMING
AMENDMENT.—Section
206(a)(3)(A) of such Act (as amended by sec-
tion 5106(a)(1) of the Omnibus Budget Rec-
onciliation 
Act 
of 
1990) 
(42 
U.S.C.
406(a)(3)(A)) is amended by striking ‘‘para-
graph 
(2)(C)’’ 
and 
inserting 
‘‘paragraph
(2)(D)’’.
(d) AMENDMENT RELATED TO PROVISIONS IN SEC-
TION 5115 RELATING TO ADVANCE TAX TRANSFERS.—
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Section 201(a) of the Social Security Act (42 U.S.C.
401(a)) is amended in the last sentence by striking ‘‘and’’
the second place it appears.
SEC. 4. EFFECTIVE DATE.
(a) SECTIONS 1 AND 2.—The amendments made by
sections 1 and 2 shall apply to fiscal year 1994 and subse-
quent fiscal years.
(b) SECTION 3.—Each amendment made by section
3 shall take effect as if included in the provisions of the
Omnibus Budget Reconciliation Act of 1990 to which such
amendment relates.
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