I 
108TH CONGRESS 
1ST SESSION 
H. R. 219
To amend title II of the Social Security Act to ensure the integrity of 
the Social Security trust funds by requiring the Managing Trustee to 
invest the annual surplus of such trust funds in marketable interest-
bearing obligations of the United States and certificates of deposit in 
depository institutions insured by the Federal Deposit Insurance Corpora-
tion, and to protect such trust funds from the public debt limit. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2003
Mr. PAUL (for himself, Mr. SMITH of New Jersey, and Mr. TANCREDO) intro-
duced the following bill; which was referred to the Committee on Ways 
and Means 
A BILL 
To amend title II of the Social Security Act to ensure the 
integrity of the Social Security trust funds by requiring 
the Managing Trustee to invest the annual surplus of 
such trust funds in marketable interest-bearing obliga-
tions of the United States and certificates of deposit 
in depository institutions insured by the Federal Deposit 
Insurance Corporation, and to protect such trust funds 
from the public debt limit.
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 Preser-
vation Act of 2003’’. 
SEC. 2. INVESTMENT OF THE FEDERAL OLD-AGE AND SUR-
VIVORS INSURANCE TRUST FUND AND THE 
FEDERAL 
DISABILITY 
INSURANCE 
TRUST 
FUND. 
(a) IN GENERAL.—Section 201(d) of the Social Secu-
rity Act (42 U.S.C. 401(d)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 
(2) by striking ‘‘Such investments may be made 
only’’ and inserting the following: ‘‘Except as pro-
vided in paragraph (2), such investments may be 
made only’’; 
(3) by striking the last sentence; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(2)(A) The Managing Trustee shall determine the 
annual surplus (as defined in subparagraph (B)) for each 
of the Trust Funds as of the end of each fiscal year. The 
Managing Trustee shall ensure that such annual surplus 
is invested, throughout the next following fiscal year, in—
‘‘(i) marketable interest-bearing obligations of 
the United States or obligations guaranteed as to 
both principal and interest by the United States,
purchased on original issue or at the market price, 
or 
‘‘(ii) certificates of deposit in insured depository 
institutions (as defined in section 3(c)(2) of the Fed-
eral Deposit Insurance Act). 
‘‘(B) For purposes of this paragraph, the ‘annual sur-
plus’ for either of the Trust Funds as of the end of a 
fiscal year is the excess (if any) of—
‘‘(i) the sum of—
‘‘(I) in the case of the Federal Old-Age 
and Survivors Insurance Trust Fund, the 
amounts appropriated to such Trust Fund 
under paragraphs (3) and (4) of subsection (a) 
for the fiscal year, 
‘‘(II) in the case of the Federal Disability 
Insurance Trust Fund, the amounts appro-
priated to such Trust Fund under paragraphs 
(1) and (2) of subsection (b) for the fiscal year, 
and 
‘‘(III) in either case, the amount appro-
priated to such Trust Fund under section 
121(e) of the Social Security Amendments of 
1983 for the fiscal year, and any amounts oth-
erwise credited to or deposited in such Trust 
Fund under this title for the fiscal year, over
‘‘(ii) the amounts paid or transferred from such 
Trust Fund during the fiscal year.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to annual surpluses 
as of the end of fiscal years beginning on or after October 
1, 2004. 
SEC. 3. PROTECTION OF THE SOCIAL SECURITY TRUST 
FUNDS FROM THE PUBLIC DEBT LIMIT. 
(a) PROTECTION
OF
TRUST
FUNDS.—Notwith-
standing any other provision of law—
(1) no officer or employee of the United States 
may—
(A) delay the deposit of any amount into 
(or delay the credit of any amount to) the Fed-
eral Old-Age and Survivors Insurance Trust 
Fund or the Federal Disability Insurance Trust 
Fund or otherwise vary from the normal terms, 
procedures, or timing for making such deposits 
or credits, or 
(B) refrain from the investment in public 
debt obligations of amounts in either of such 
Trust Funds, 
if a purpose of such action or inaction is to not in-
crease the amount of outstanding public debt obliga-
tions, and
(2) no officer or employee of the United States 
may disinvest amounts in either of such Trust 
Funds which are invested in public debt obligations 
if a purpose of the disinvestment is to reduce the 
amount of outstanding public debt obligations. 
(b) PROTECTION OF BENEFITS AND EXPENDITURES 
FOR ADMINISTRATIVE EXPENSES.—
(1) IN GENERAL.—Notwithstanding subsection 
(a), during any period for which cash benefits or ad-
ministrative expenses would not otherwise be payable 
from the Federal Old-Age and Survivors Insurance 
Trust Fund or the Federal Disability Insurance 
Trust Fund by reason of an inability to issue further 
public debt obligations because of the applicable 
public debt limit, public debt obligations held by 
such Trust Fund shall be sold or redeemed only for 
the purpose of making payment of such benefits or 
administrative expenses and only to the extent cash 
assets of such Trust Fund are not available from 
month to month for making payment of such bene-
fits or administrative expenses. 
(2) ISSUANCE OF CORRESPONDING DEBT.—For 
purposes of undertaking the sale or redemption of 
public debt obligations held by the Federal Old-Age 
and Survivors Insurance Trust Fund or the Federal
Disability Insurance Trust Fund pursuant to para-
graph (1), the Secretary of the Treasury may issue 
corresponding public debt obligations to the public, 
in order to obtain the cash necessary for payment of 
benefits or administrative expenses from such Trust 
Fund, notwithstanding the public debt limit. 
(3) ADVANCE NOTICE OF SALE OR REDEMP-
TION.—Not less than 3 days prior to the date on 
which, by reason of the public debt limit, the Sec-
retary of the Treasury expects to undertake a sale 
or redemption authorized under paragraph (1), the 
Secretary of the Treasury shall report to each House 
of the Congress and to the Comptroller General of 
the United States regarding the expected sale or re-
demption. Upon receipt of such report, the Comp-
troller General shall review the extent of compliance 
with subsection (a) and paragraphs (1) and (2) of 
this subsection and shall issue such findings and rec-
ommendations to each House of the Congress as the 
Comptroller General considers necessary and appro-
priate. 
(c) PUBLIC DEBT OBLIGATION.—For purposes of 
this section, the term ‘‘public debt obligation’’ means any
obligation subject to the public debt limit established 
under section 3101 of title 31, United States Code.
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