[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 21 Referral Instructions Senate (RIS)]







107th CONGRESS
  1st Session
                                 S. 21

 To establish an off-budget lockbox to strengthen Social Security and 
                               Medicare.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2001

 Mr. Daschle (for himself, Mr. Conrad, Mr. Feingold, Ms. Stabenow, Mr. 
  Dorgan, Mr. Wyden, Ms. Lincoln, Mrs. Feinstein, Mrs. Clinton, Mrs. 
Murray, Mr. Sarbanes, Mrs. Boxer, Mr. Carper, Mr. Durbin, Mr. Johnson, 
  Mr. Rockefeller, Mr. Schumer, Mr. Biden, Mr. Nelson of Florida, Mr. 
Levin, Mr. Akaka, Mr. Corzine, Mr. Dayton, Mr. Kerry, Mr. Kennedy, Ms. 
  Mikulski, and Mr. Cleland) introduced the following bill; which was 
          read twice and referred to the Committee on Finance

                            January 30, 2001

Committee discharged; referred jointly pursuant to the order of August 
4, 1977, to the Committees on the Budget and Governmental Affairs, with 
 instructions that if one committee reports, the other committee have 
                 thirty days to report or be discharged

_______________________________________________________________________

                                 A BILL


 
 To establish an off-budget lockbox to strengthen Social Security and 
                               Medicare.

    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 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 inserting at the end the following:
    ``(g) Strengthening Social Security Point of Order.--It shall not 
be in order in the House of Representatives or the Senate to consider a 
concurrent resolution on the budget (or any amendment thereto or 
conference report thereon) or any bill, joint resolution, amendment, 
motion, or conference report that would violate 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 inserting ``312(g),'' after 
        ``310(d)(2),''.
            (2) Waiver.--Section 904(d)(2) of the Congressional Budget 
        Act of 1974 is amended by inserting ``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 resolution''; 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 resolution.''.

SEC. 3. MEDICARE TRUST FUND OFF-BUDGET.

    (a) In General.--
            (1) General exclusion from all budgets.--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 deficit or 
surplus for purposes of--
            ``(1) the budget of the United States Government as 
        submitted by the President;
            ``(2) the congressional budget; or
            ``(3) the Balanced Budget and Emergency Deficit Control Act 
        of 1985.
    ``(b) Strengthening Medicare Point of Order.--It shall not be in 
order in the House of Representatives or the Senate to consider a 
concurrent resolution on the budget (or any amendment thereto or 
conference report thereon) or any bill, joint resolution, amendment, 
motion, or conference report that would violate 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 Congressional Budget Act of 1974 (2 U.S.C. 
632(a)) is amended by adding at the end the following: ``The concurrent 
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 Congressional 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 Hospital Insurance Trust 
        Fund for each fiscal year covered 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 amendment, motion, or conference 
        report on the resolution) that would decrease the excess of the 
        Federal Hospital Insurance Trust Fund revenues over Federal 
        Hospital Insurance Trust Fund outlays in any of the fiscal 
        years covered by the concurrent resolution. 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 enactment 
        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, amendment, 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 Insurance 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 Sequesters.--Section 
255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act 
of 1985 is amended by adding at the end the following:
            ``Medicare as funded through the Federal Hospital Insurance 
        Trust Fund.''.
    (h) Budgetary Treatment of Hospital Insurance Trust Fund.--Section 
710(a) of the Social Security Act (42 U.S.C. 911(a)) is amended--
            (1) by striking ``and'' the second place it appears and 
        inserting a comma; and
            (2) by inserting after ``Federal Disability Insurance 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 concurrent resolution on the budget, or conference 
        report 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, 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.''.
    (b) Super Majority Requirement.--
            (1) Point of order.--Section 904(c)(1) of the Congressional 
        Budget Act of 1974 is amended by inserting ``312(h),'' after 
        ``312(g),''.
            (2) Waiver.--Section 904(d)(2) of the Congressional Budget 
        Act of 1974 is amended by inserting ``312(h),'' after 
        ``312(g),''.
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