HR 560 IH

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

February 13, 2001

Mr. ROSS (for himself, Mr. MOORE, Mr. STENHOLM, Mr. SHOWS, Mr. HILL, Mr. CLAY, Mr. SCHIFF, Mr. BISHOP, Mr. CARSON of Oklahoma, Mr. HOLT, Mr. POMEROY, Ms. BERKLEY, Mrs. TAUSCHER, Mr. SPRATT, Mr. MATHESON, Ms. SOLIS, Mr. HOEFFEL, Mrs. DAVIS of California, and Mr. LANGEVIN) introduced the following bill; which was referred to the Committee on the Budget, and in addition to the Committee on Rules, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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),'.

END