[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2273 Introduced in House (IH)]

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 
                 Operations, 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 
                  Government, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CLARIFICATION OF STATUS OF ADMINISTRATIVE EXPENSES PAID FROM 
              THE OASDI TRUST FUNDS.

    (a) Section 13301(a) of the Omnibus Budget Reconciliation Act of 
1990 is amended by inserting ``(including 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 
expenses of administering the old-age, survivors, and disability 
insurance programs shall be subject to sequestration under the Balanced 
Budget and Emergency Deficit Control 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 disability 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 inserting ``; 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 inserting at the 
end the following:
                    ``(J) The old-age, survivors and disability 
                insurance (OASDI) programs.''.

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 Congressional 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.--Section 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.''.

SEC. 3. TECHNICAL CORRECTIONS RELATED TO OASDI IN THE OMNIBUS BUDGET 
              RECONCILIATION ACT OF 1990.

    (a) Amendments Related to Provisions in Section 5103(b) Relating to 
Disabled Widows.--Section 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 inserting the 
        following:
                            ``(ii) the individual is now able to engage 
                        in substantial gainful activity; or''.
    (b) Amendments Related to Provisions in Section 5105(d) Relating to 
Representative Payees.--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 inserting 
        ``Section 205(j)(6)''; and
            (2) by redesignating the paragraph (5) as amended thereby 
        as paragraph (6).
    (c) Amendments Related to Provisions in Section 5106 Relating to 
Coordination of Rules Under Titles II and XVI Governing Fees for 
Representatives of Claimants With Entitlements Under Both Titles.--
            (1) Calculation of fee of claimant's representative 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 reduced 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 judicial 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
                            (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 section 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 amended 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--
                            (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 entitlement 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 exceed, 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 section 5106(a)(1) of the 
                Omnibus Budget Reconciliation Act of 1990) (42 U.S.C. 
                406(a)(3)(A)) is amended by striking ``paragraph 
                (2)(C)'' and inserting ``paragraph (2)(D)''.
    (d) Amendment Related to Provisions in Section 5115 Relating to 
Advance Tax Transfers.--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 subsequent 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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