[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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