[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3859 Engrossed in House (EH)]


  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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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.

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

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 surpluses 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 Security 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 Security Surpluses.--
            ``(1) Concurrent resolutions on the budget.--It shall not 
        be in order in the House of Representatives or the Senate to 
        consider any concurrent resolution on the budget, or conference 
        report thereon or amendment thereto, that would set forth an 
        on-budget deficit for any fiscal year.
            ``(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, motion, or conference report if--
                    ``(A) the enactment of that bill or resolution as 
                reported;
                    ``(B) the adoption and enactment of that amendment; 
                or
                    ``(C) the enactment of that bill or resolution in 
                the form recommended in that conference 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 section, 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 resolution 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. PROTECTION OF MEDICARE SURPLUSES.

    (a) Points of Order To Protect Medicare Surpluses.--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 Representatives or the Senate to 
        consider any concurrent resolution on the budget, or conference 
        report 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, motion, or conference report if--
                    ``(A) the enactment of that bill or resolution as 
                reported;
                    ``(B) the adoption and enactment of that amendment; 
                or
                    ``(C) the enactment of that bill or resolution in 
                the form recommended in that conference 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 
        fiscal 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 section, 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 resolution 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 Congressional Budget 
        Act of 1974 (as amended by section 3) is further amended by 
        inserting ``312(h),'' after ``312(g),''.

SEC. 5. REMOVING SOCIAL SECURITY FROM BUDGET PRONOUNCEMENTS.

    (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 
congressional 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 instrumentality, 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 Documents.--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 before section 1101 the 
following:
``Sec. 1100. Protection of social security surpluses
    ``The budget of the United States Government submitted by the 
President under this chapter shall not recommend an on-budget deficit 
for any fiscal year covered by that budget unless it includes proposed 
legislative language for social security reform legislation as defined 
by section 7(1) of the Social Security and Medicare Lock-box Act of 
2000.''.
    (2) The chapter analysis for chapter 11 of title 31, United States 
Code, is amended by inserting before the item relating to section 1101 
the following:

``1100. Protection of Social Security Surpluses.''.
    (b) Medicare.--(1) Chapter 11 of subtitle II of title 31, United 
States Code, is amended by adding after section 1100 the following:
``Sec. 1100A. Protection of medicare surpluses
    ``The budget of the United States Government submitted by the 
President under this chapter shall not recommend 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 unless it 
includes proposed legislative language for medicare reform legislation 
as defined by section 7(2) of the Social Security and Medicare Lock-box 
Act of 2000 or social security reform legislation as defined by section 
7(1) of that Act.''.
    (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 purposes of the Social Security 
        and Medicare Lock-box Act of 2000, this Act constitutes social 
        security reform 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.
    (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 reform legislation.

            Passed the House of Representatives June 20, 2000.

            Attest:

                                                                 Clerk.