II
Calendar No. 627
106TH CONGRESS
2D SESSION
H. R. 3859
IN THE SENATE OF THE UNITED STATES
JUNE 21, 2000
Received; read the first time
JUNE 22, 2000
Read the second time and placed on the calendar
AN ACT
To amend the Congressional Budget Act of 1974 to protect
Social Security and Medicare surpluses through strength-
ened budgetary enforcement mechanisms.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Social Security and
Medicare Lock-box Act of 2000’’.
SEC. 2. PURPOSE.
The purpose of this Act is to—
(1) ensure that social security trust fund sur-
pluses shall be used to pay down the debt held by
the public until social security reform legislation is
enacted; and
(2) ensure that the projected surplus of the
Federal Hospital Insurance Trust Fund shall be
used to pay down the debt held by the public until
medicare reform legislation is enacted.
SEC. 3. PROTECTION OF SOCIAL SECURITY SURPLUSES.
(a) POINTS OF ORDER TO PROTECT SOCIAL SECU-
RITY SURPLUSES.—Section 312 of the Congressional
Budget Act of 1974 is amended by adding at the end the
following new subsection:
‘‘(g) POINTS OF ORDER TO PROTECT SOCIAL SECU-
RITY SURPLUSES.—
‘‘(1) CONCURRENT
RESOLUTIONS
ON
THE
BUDGET.—It shall not be in order in the House of
Representatives or the Senate to consider any con-
current resolution on the budget, or conference re-
port thereon or amendment thereto, that would set
forth an on-budget deficit for any fiscal year.
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‘‘(2) SUBSEQUENT LEGISLATION.—Except as
provided by paragraph (3), it shall not be in order
in the House of Representatives or the Senate to
consider any bill, joint resolution, amendment, mo-
tion, or conference report if—
‘‘(A) the enactment of that bill or resolu-
tion as reported;
‘‘(B) the adoption and enactment of that
amendment; or
‘‘(C) the enactment of that bill or resolu-
tion in the form recommended in that con-
ference report,
would cause or increase an on-budget deficit for any
fiscal year.
‘‘(3) EXCEPTION.—Paragraph (2) shall not
apply to social security reform legislation as defined
by section 7(1) of the Social Security and Medicare
Lock-box Act of 2000.
‘‘(4) DEFINITION.—For purposes of this sec-
tion, the term ‘on-budget deficit’, when applied to a
fiscal year, means the deficit in the budget as set
forth in the most recently agreed to concurrent reso-
lution on the budget pursuant to section 301(a)(3)
for that fiscal year.’’.
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(b) CONTENT OF CONCURRENT RESOLUTION ON THE
BUDGET.—Section 301(a) of the Congressional Budget
Act of 1974 is amended by redesignating paragraphs (6)
and (7) as paragraphs (7) and (8), respectively, and by
inserting after paragraph (5) the following new paragraph:
‘‘(6) the receipts, outlays, and surplus or deficit
in the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance
Trust Fund, combined, established by title II of the
Social Security Act;’’.
(c) SUPER MAJORITY REQUIREMENT.—(1) Section
904(c)(1) of the Congressional Budget Act of 1974 is
amended by inserting ‘‘312(g),’’ after ‘‘310(d)(2),’’.
(2) Section 904(d)(2) of the Congressional Budget
Act of 1974 is amended by inserting ‘‘312(g),’’ after
‘‘310(d)(2),’’.
SEC. 4. PROTECTION OF MEDICARE SURPLUSES.
(a) POINTS OF ORDER TO PROTECT MEDICARE SUR-
PLUSES.—Section 312 of the Congressional Budget Act
of 1974 (as amended by section 3) is further amended
by adding at the end the following new subsection:
‘‘(h) POINTS OF ORDER TO PROTECT MEDICARE
SURPLUSES.—
‘‘(1) CONCURRENT
RESOLUTIONS
ON
THE
BUDGET.—It shall not be in order in the House of
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Representatives or the Senate to consider any con-
current resolution on the budget, or conference re-
port thereon or amendment thereto, that would set
forth an on-budget surplus for any fiscal year that
is less than the projected surplus of the Federal
Hospital Insurance Trust Fund for that fiscal year
(as assumed in that resolution).
‘‘(2) SUBSEQUENT
LEGISLATION.—Except as
provided by paragraph (3), it shall not be in order
in the House of Representatives or the Senate to
consider any bill, joint resolution, amendment, mo-
tion, or conference report if—
‘‘(A) the enactment of that bill or resolu-
tion as reported;
‘‘(B) the adoption and enactment of that
amendment; or
‘‘(C) the enactment of that bill or resolu-
tion in the form recommended in that con-
ference report,
would cause the on-budget surplus for any fiscal
year to be less than the projected surplus of the
Federal Hospital Insurance Trust Fund (as assumed
in the most recently agreed to concurrent resolution
on the budget) for that fiscal year or increase the
amount by which the on-budget surplus for any fis-
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cal year would be less than such trust fund surplus
for that fiscal year.
‘‘(3) EXCEPTION.—Paragraph (2) shall not
apply to medicare reform legislation as defined by
section 7(2) of the Social Security and Medicare
Lock-box Act of 2000.
‘‘(4) DEFINITION.—For purposes of this sec-
tion, the term ‘on-budget surplus’, when applied to
a fiscal year, means the surplus in the budget as set
forth in the most recently agreed to concurrent reso-
lution on the budget pursuant to section 301(a)(3)
for that fiscal year.’’.
(b) SUPER MAJORITY REQUIREMENT.—
(1) POINT OF ORDER.—Section 904(c)(1) of the
Congressional Budget Act of 1974 (as amended by
section 3) is further amended by inserting ‘‘312(h),’’
after ‘‘312(g),’’.
(2) WAIVER.—Section 904(d)(2) of the Con-
gressional Budget Act of 1974 (as amended by sec-
tion 3) is further amended by inserting ‘‘312(h),’’
after ‘‘312(g),’’.
SEC. 5. REMOVING SOCIAL SECURITY FROM BUDGET PRO-
NOUNCEMENTS.
(a) IN GENERAL.—Any official statement issued by
the Office of Management and Budget, the Congressional
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Budget Office, or any other agency or instrumentality of
the Federal Government of surplus or deficit totals of the
budget of the United States Government as submitted by
the President or of the surplus or deficit totals of the con-
gressional budget, and any description of, or reference to,
such totals in any official publication or material issued
by either of such Offices or any other such agency or in-
strumentality, shall exclude the outlays and receipts of the
old-age, survivors, and disability insurance program under
title II of the Social Security Act (including the Federal
Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund) and the related
provisions of the Internal Revenue Code of 1986.
(b) SEPARATE SOCIAL SECURITY BUDGET DOCU-
MENTS.—The excluded outlays and receipts of the old-age,
survivors, and disability insurance program under title II
of the Social Security Act shall be submitted in separate
Social Security budget documents.
SEC. 6. PROTECTION OF SOCIAL SECURITY AND MEDICARE
SURPLUSES.
(a) SOCIAL SECURITY.—(1) Chapter 11 of subtitle II
of title 31, United States Code, is amended by adding be-
fore section 1101 the following:
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(2) CHAPTER ANALYSIS.—The chapter analysis for
chapter 11 of title 31, United States Code, is amended
by inserting after the item relating to section 1100 the
following:
‘‘1100A. Protection of Medicare Surpluses.’’.
SEC. 7. DEFINITIONS.
As used in this Act:
(1) SOCIAL SECURITY REFORM LEGISLATION.—
The term ‘‘social security reform legislation’’ means
a bill or a joint resolution to save social security and
includes a provision stating the following: ‘‘For pur-
poses of the Social Security and Medicare Lock-box
Act of 2000, this Act constitutes social security re-
form legislation to save social security.’’.
(2) MEDICARE
REFORM
LEGISLATION.—The
term ‘‘medicare reform legislation’’ means a bill or
a joint resolution to save Medicare and includes a
provision stating the following: ‘‘For purposes of the
Social Security and Medicare Lock-box Act of 2000,
this Act constitutes medicare reform legislation to
save medicare.’’.
SEC. 8. EFFECTIVE DATE.
(a) IN GENERAL.—This Act shall take effect upon
the date of its enactment and the amendments made by
this Act shall apply to fiscal year 2001 and subsequent
fiscal years.
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(b) EXPIRATION.—(1) Sections 301(a)(6) and 312(g)
of the Congressional Budget Act of 1974 shall expire upon
the enactment of social security reform legislation.
(2) Section 312(h) of the Congressional Budget Act
of 1974 shall expire upon the enactment of medicare re-
form legislation.
Passed the House of Representatives June 20, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
By MARTHA C. MORRISON,
Deputy Clerk.
Calendar No. 627
106TH CONGRESS
2D SESSION
H. R. 3859
AN ACT
To amend the Congressional Budget Act of 1974 to
protect Social Security and Medicare surpluses
through strengthened budgetary enforcement
mechanisms.
JUNE 22, 2000
Read the second time and placed on the calendar