I
107TH CONGRESS
1ST SESSION
H. R. 560
To establish an off-budget lockbox to strengthen Social Security and Medicare.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 13, 2001
Mr. ROSS (for himself, Mr. MOORE, Mr. STENHOLM, Mr. SHOWS, Mr. HILL,
Mr. CLAY, Mr. SCHIFF, Mr. BISHOP, Mr. CARSON of Oklahoma, Mr.
HOLT, Mr. POMEROY, Ms. BERKLEY, Mrs. TAUSCHER, Mr. SPRATT, Mr.
MATHESON, Ms. SOLIS, Mr. HOEFFEL, Mrs. DAVIS of California, and
Mr. LANGEVIN) introduced the following bill; which was referred to the
Committee on the Budget, and in addition to the Committee on Rules,
and Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To establish an off-budget lockbox to strengthen Social
Security and Medicare.
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 Off-Budget Lockbox Act of 2001’’.
SEC. 2. STRENGTHENING SOCIAL SECURITY POINTS OF
ORDER.
(a) IN GENERAL.—Section 312 of the Congressional
Budget Act of 1974 (2 U.S.C. 643) is amended by insert-
ing at the end the following:
‘‘(g) STRENGTHENING SOCIAL SECURITY POINT OF
ORDER.—It shall not be in order in the House of Rep-
resentatives or the Senate to consider a concurrent resolu-
tion on the budget (or any amendment thereto or con-
ference report thereon) or any bill, joint resolution,
amendment, motion, or conference report that would vio-
late or amend section 13301 of the Budget Enforcement
Act of 1990.’’.
(b) SUPER MAJORITY REQUIREMENT.—
(1) POINT OF ORDER.—Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by in-
serting ‘‘312(g),’’ after ‘‘310(d)(2),’’.
(2) WAIVER.—Section 904(d)(2) of the Con-
gressional Budget Act of 1974 is amended by insert-
ing ‘‘312(g),’’ after ‘‘310(d)(2),’’.
(c) ENFORCEMENT IN EACH FISCAL YEAR.—The
Congressional Budget Act of 1974 is amended in—
(1) section 301(a)(7) (2 U.S.C. 632(a)(7)), by
striking ‘‘for the fiscal year’’ through the period and
inserting ‘‘for each fiscal year covered by the resolu-
tion’’; and
(2) section 311(a)(3) (2 U.S.C. 642(a)(3)), by
striking beginning with ‘‘for the first fiscal year’’
through the period and insert the following: ‘‘for any
of the fiscal years covered by the concurrent resolu-
tion.’’.
SEC. 3. MEDICARE TRUST FUND OFF-BUDGET.
(a) IN GENERAL.—
(1) GENERAL
EXCLUSION
FROM
ALL
BUDG-
ETS.—Title III of the Congressional Budget Act of
1974 is amended by adding at the end the following:
‘‘EXCLUSION OF MEDICARE TRUST FUND FROM ALL
BUDGETS
‘‘SEC. 316. (a) EXCLUSION OF MEDICARE TRUST
FUND FROM ALL BUDGETS.—Notwithstanding any other
provision of law, the receipts and disbursements of the
Federal Hospital Insurance Trust Fund shall not be
counted as new budget authority, outlays, receipts, or def-
icit or surplus for purposes of—
‘‘(1) the budget of the United States Govern-
ment as submitted by the President;
‘‘(2) the congressional budget; or
‘‘(3) the Balanced Budget and Emergency Def-
icit Control Act of 1985.
‘‘(b) 
STRENGTHENING
MEDICARE
POINT
OF
ORDER.—It shall not be in order in the House of Rep-
resentatives or the Senate to consider a concurrent resolu-
tion on the budget (or any amendment thereto or con-
ference report thereon) or any bill, joint resolution,
amendment, motion, or conference report that would vio-
late or amend this section.’’.
(2) SUPER MAJORITY REQUIREMENT.—
(A) POINT OF ORDER.—Section 904(c)(1)
of the Congressional Budget Act of 1974 is
amended by inserting ‘‘316,’’ after ‘‘313,’’.
(B) WAIVER.—Section 904(d)(2) of the
Congressional Budget Act of 1974 is amended
by inserting ‘‘316,’’ after ‘‘313,’’.
(b) EXCLUSION OF MEDICARE TRUST FUND FROM
CONGRESSIONAL BUDGET.—Section 301(a) of the Con-
gressional Budget Act of 1974 (2 U.S.C. 632(a)) is
amended by adding at the end the following: ‘‘The concur-
rent resolution shall not include the outlays and revenue
totals of the Federal Hospital Insurance Trust Fund in
the surplus or deficit totals required by this subsection or
in any other surplus or deficit totals required by this
title.’’
(c) BUDGET TOTALS.—Section 301(a) of the Con-
gressional Budget Act of 1974 (2 U.S.C. 632(a)) is
amended by inserting after paragraph (7) the following:
‘‘(8) For purposes of Senate enforcement under
this title, revenues and outlays of the Federal Hos-
pital Insurance Trust Fund for each fiscal year cov-
ered by the budget resolution.’’.
(d) BUDGET RESOLUTIONS.—Section 301(i) of the
Congressional Budget Act of 1974 (2 U.S.C. 632(i)) is
amended by—
(1) striking ‘‘SOCIAL
SECURITY
POINT
OF
ORDER.—It shall’’ and inserting ‘‘SOCIAL SECURITY
AND MEDICARE POINTS OF ORDER.—
‘‘(1) SOCIAL SECURITY.—It shall’’; and
(2) inserting at the end the following:
‘‘(2) MEDICARE.—It shall not be in order in the
House of Representatives or the Senate to consider
any concurrent resolution on the budget (or amend-
ment, motion, or conference report on the resolu-
tion) that would decrease the excess of the Federal
Hospital Insurance Trust Fund revenues over Fed-
eral Hospital Insurance Trust Fund outlays in any
of the fiscal years covered by the concurrent resolu-
tion. This paragraph shall not apply to amounts to
be expended from the Hospital Insurance Trust
Fund for purposes relating to programs within part
A of Medicare as provided in law on the date of en-
actment of this paragraph.’’.
(e) MEDICARE FIREWALL.—Section 311(a) of the
Congressional Budget Act of 1974 (2 U.S.C. 642(a)) is
amended by adding after paragraph (3), the following:
‘‘(4) ENFORCEMENT OF MEDICARE LEVELS IN
THE SENATE.—After a concurrent resolution on the
budget is agreed to, it shall not be in order in the
Senate to consider any bill, joint resolution, amend-
ment, motion, or conference report that would cause
a decrease in surpluses or an increase in deficits of
the Federal Hospital Insurance Trust Fund in any
year relative to the levels set forth in the applicable
resolution. This paragraph shall not apply to
amounts to be expended from the Hospital Insur-
ance Trust Fund for purposes relating to programs
within part A of Medicare as provided in law on the
date of enactment of this paragraph.’’.
(f) BASELINE TO EXCLUDE HOSPITAL INSURANCE
TRUST FUND.—Section 257(b)(3) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended
by striking ‘‘shall be included in all’’ and inserting ‘‘shall
not be included in any’’.
(g) MEDICARE TRUST FUND EXEMPT FROM SE-
QUESTERS.—Section 255(g)(1)(B) of the Balanced Budg-
et and Emergency Deficit Control Act of 1985 is amended
by adding at the end the following:
‘‘Medicare as funded through the Federal Hos-
pital Insurance Trust Fund.’’.
(h) BUDGETARY TREATMENT OF HOSPITAL INSUR-
ANCE TRUST FUND.—Section 710(a) of the Social Secu-
rity Act (42 U.S.C. 911(a)) is amended—
(1) by striking ‘‘and’’ the second place it ap-
pears and inserting a comma; and
(2) by inserting after ‘‘Federal Disability Insur-
ance Trust Fund’’ the following: ‘‘, Federal Hospital
Insurance Trust Fund’’.
SEC. 4. PREVENTING ON-BUDGET DEFICITS.
(a) POINTS OF ORDER TO PREVENT ON-BUDGET
DEFICITS.—Section 312 of the Congressional Budget Act
of 1974 (2 U.S.C. 643) is amended by adding at the end
the following:
‘‘(h) POINTS OF ORDER TO PREVENT ON-BUDGET
DEFICITS.—
‘‘(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.’’.
(b) SUPER MAJORITY REQUIREMENT.—
(1) POINT OF ORDER.—Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by in-
serting ‘‘312(h),’’ after ‘‘312(g),’’.
(2) WAIVER.—Section 904(d)(2) of the Con-
gressional Budget Act of 1974 is amended by insert-
ing ‘‘312(h),’’ after ‘‘312(g),’’.
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