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. HOUGH-
TON, Mr. ARCHER, Mr. MCCRERY, Mr. RAMSTAD, Mr. NUSSLE, Mr. SAM
JOHNSON of Texas, Ms. DUNN, Mr. PORTMAN, Mr. ENGLISH, Mr. WAT-
KINS, 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 subse-
quently 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 budg-
etary enforcement mechanisms.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Social Security and
Medicare Safe Deposit Box Act of 1999’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds that—
(1) the Congress and the President joined to-
gether to enact the Balanced Budget Act of 1997 to
end decades of deficit spending;
(2) strong economic growth and fiscal discipline
have resulted in strong revenue growth into the
Treasury;
(3) the combination of these factors is expected
to enable the Government to balance its budget with-
out the social security surpluses;
(4) the Congress has chosen to allocate in this
Act all social security surpluses toward saving social
security and medicare;
(5) amounts so allocated are even greater than
those reserved for social security and medicare in
the President’s budget, will not require an increase
in the statutory debt limit, and will reduce debt held
by the public until social security and medicare re-
form is enacted; and
(6) this strict enforcement is needed to lock
away the amounts necessary for legislation to save
social security and medicare.
(b) PURPOSE.—It is the purpose of this Act to pro-
hibit the use of social security surpluses for any purpose
other than reforming social security and medicare.
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
cause or increase an on-budget deficit for any fiscal
year.
‘‘(2) SUBSEQUENT LEGISLATION.—It shall not
be in order in the House of Representatives or the
Senate to consider any bill, joint resolution, amend-
ment, motion, 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.—The point of order set forth
in paragraph (2) shall not apply to social security
reform legislation or medicare reform legislation as
defined by section 5(c) of the Social Security and
Medicare Safe Deposit Box Act of 1999.
‘‘(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.’’.
(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. REMOVING SOCIAL SECURITY FROM BUDGET PRO-
NOUNCEMENTS.
(a) IN GENERAL.—Any official statement issued by
the Office of Management and Budget, the Congressional
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. 5. 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 only to fiscal year 2000 and subse-
quent fiscal years.
(b) EXPIRATION.—Sections 301(a)(6) and 312(g)
shall expire upon the enactment of social security reform
legislation and medicare reform legislation.
(c) DEFINITIONS.—
(1) SOCIAL SECURITY REFORM LEGISLATION.—
The term ‘‘social security reform legislation’’ means
a bill or a joint resolution that is enacted into law
and includes a provision stating the following: ‘‘For
purposes of the Social Security and Medicare Safe
Deposit Box Act of 1999, this Act constitutes social
security reform legislation.’’.
(2) The term ‘‘medicare reform legislation’’
means a bill or a joint resolution that is enacted into
law and includes a provision stating the following:
‘‘For purposes of the Social Security and Medicare