    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 108th Congress]
    [108th Congress]
    [House Document 107-284]
    [Miscellaneous Provisions Of Congressional Budget Laws]
    [Pages 1039-1042]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 1039]]

                                                                   Sec. 1129

                         BUDGET ENFORCEMENT ACT OF 1990

                                   __________

    In addition to adding titles V and VI to the Congressional Budget Act of
    1974 (relating to credit reform and to budget agreement enforcement,
    respectively), the Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-
    508) also included these free-standing provisions addressing the
    budgetary treatment of social security.

                    excerpts from title xiii of p.l. 101-508

    SEC. 13301. OFF-BUDGET STATUS OF OASDI TRUST FUNDS.
                    Subtitle C--Social Security

      (a) Exclusion of Social Security From All Budgets.--Notwithstanding
    any other provision of law, the receipts and disbursements of the
    Federal Old-Age and Survivors Insurance Trust Fund and the Federal
    Disability 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.
    * * * * *
    SEC. 13302. PROTECTION OF OASDI TRUST FUNDS IN THE HOUSE OF

            REPRESENTATIVES.

      (a) In General.--It shall not be in order in the House of
    Representatives to consider any bill or joint resolution, as reported,
    or any amendment thereto or conference report thereon, if, upon
    enactment--

              (1)(A) such legislation under consideration would provide for

            a net increase in OASDI benefits of at least 0.02 percent of the

            present value of future taxable payroll for the 75-year period

    [[Page 1040]]

            utilized in the most

            recent annual report of the Board of Trustees provided pursuant

            to section 201(c)(2) of the Social Security Act, and (B) such

            legislation under consideration does not provide at least a net

            increase, for such 75-year period, in OASDI taxes of the amount

            by which the net increase in such benefits exceeds 0.02 percent

            of the present value of future taxable payroll for such 75-year

            period,

              (2)(A) such legislation under consideration would provide for

            a net increase in OASDI benefits (for the 5-year estimating

            period for such legislation under consideration), (B) such net

            increase, together with the net increases in OASDI benefits

            resulting from previous legislation enacted during that fiscal

            year or any of the previous 4 fiscal years (as estimated at the

            time of enactment) which are attributable to those portions of

            the 5-year estimating periods for such previous legislation that

            fall within the 5-year estimating period for such legislation

            under consideration, exceeds $250,000,000, and (C) such

            legislation under consideration does not provide at least a net

            increase, for the 5-year estimating period for such legislation

            under consideration, in OASDI taxes which, together with net

            increases in OASDI taxes resulting from such previous

            legislation which are attributable to those portions of the 5-

            year estimating periods for such previous legislation that fall

            within the 5-year estimating period for such legislation under

            consideration, equals the amount by which the net increase

            derived under subparagraph (B) exceeds $250,000,000;

              (3)(A) such legislation under consideration would provide for

            a net decrease in OASDI taxes of at least 0.02 percent of the

            present value of future taxable payroll for the 75-year period

            utilized in the most recent annual report of the Board of

            Trustees provided pursuant to section 201(c)(2) of the Social

            Security Act, and (B) such legislation under consideration does

            not provide at least a net decrease, for such 75-year period, in

            OASDI benefits of the amount by which the net decrease in such

            taxes exceeds 0.02 percent of the present value of future

            taxable payroll for such 75-year period, or

              (4)(A) such legislation under consideration would provide for

            a net decrease in OASDI taxes (for the 5-year estimating period

    [[Page 1041]]

            for such legislation under con

            sideration), (B) such net decrease, together with the net

            decreases in OASDI taxes resulting from previous legislation

            enacted during that fiscal year or any of the previous 4 fiscal

            years (as estimated at the time of enactment) which are

            attributable to those portions of the 5-year estimating periods

            for such previous legislation that fall within the 5-year

            estimating period for such legislation under consideration,

            exceeds $250,000,000, and (C) such legislation under

            consideration does not provide at least a net decrease, for the

            5-year estimating period for such legislation under

            consideration, in OASDI benefits which, together with net

            decreases in OASDI benefits resulting from such previous

            legislation which are attributable to those portions of the 5-

            year estimating periods for such previous legislation that fall

            within the 5-year estimating period for such legislation under

            consideration, equals the amount by which the net decrease

            derived under subparagraph (B) exceeds $250,000,000.

      (b) Application.--In applying paragraph (3) or (4) of subsection (a),
    any provision of any bill or joint resolution, as reported, or any
    amendment thereto, or conference report thereon, the effect of which is
    to provide for a net decrease for any period in taxes described in
    subsection (c)(2)(A) shall be disregarded if such bill, joint
    resolution, amendment, or conference report also includes a provision
    the effect of which is to provide for a net increase of at least an
    equivalent amount for such period in medicare taxes.

      (c) Definitions.--For purposes of this subsection:

              (1) The term ``OASDI benefits'' means the benefits under the

            old-age, survivors, and disability insurance programs under

            title II of the Social Security Act.

              (2) The term ``OASDI taxes'' means--

                      (A) the taxes imposed under sections 1401(a), 3101(a),

                    and 3111(a) of the Internal Revenue Code of 1986, and

                      (B) the taxes imposed under chapter 1 of such Code (to

                    the extent attributable to section 86 of such Code).

              (3) The term ``medicare taxes'' means the taxes imposed under

            sections 1401(b), 3101(b), and 3111(b) of the Internal Revenue

            Code of 1986.

              (4) The term ``previous legislation'' shall not include

    [[Page 1042]]

            legislation enacted before fiscal year 1991.

              (5) The term ``5-year estimating period'' means, with respect

            to any legislation, the fiscal year in which such legislation

            becomes or would become effective and the next 4 fiscal years.

              (6) No provision of any bill or resolution, or any amendment

            thereto or conference report thereon, involving a change in

            chapter 1 of the Internal Revenue Code of 1986 shall be treated

            as affecting the amount of OASDI taxes referred to in paragraph

            (2)(B) unless such provision changes the income tax treatment of

            OASDI benefits.
    * * * * *

      For a discussion of the Federal budget process, including the current
    vitality of the Balanced Budget and Emergency Deficit Control Act of
    1985 (Gramm-Rudman), which sets forth executive budget enforcement
    mechanisms, see House Practice, ch. 7.