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H.R. 2273 (103rd): To amend the Omnibus Budget Reconciliation Act of 1990 to clarify that the expenses of administering the Old Age, Survivors and Disability Insurance programs are not included in the budget of the United States Government, and for other purposes.

The text of the bill below is as of May 26, 1993 (Introduced).


HR 2273 IH

103d CONGRESS

1st Session

H. R. 2273

To amend the Omnibus Budget Reconciliation Act of 1990 to clarify that the expenses of administering the Old Age, Survivors and Disability Insurance programs are not included in the budget of the United States Government, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 26, 1993

Mr. JACOBS (for himself and Mr. ROSTENKOWSKI) introduced the following bill; which was referred jointly to the Committees on Government Operations, Ways and Means, and Rules


A BILL

To amend the Omnibus Budget Reconciliation Act of 1990 to clarify that the expenses of administering the Old Age, Survivors and Disability Insurance programs are not included in the budget of the United States Government, and for other purposes.

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

SECTION 1. CLARIFICATION OF STATUS OF ADMINISTRATIVE EXPENSES PAID FROM THE OASDI TRUST FUNDS.

    (a) Section 13301(a) of the Omnibus Budget Reconciliation Act of 1990 is amended by inserting ‘(including the expenses of administering the old-age, survivors, and disability insurance programs)’ before ‘shall’ and by adding at the end the following new sentence: ‘No expenses of administering the old-age, survivors, and disability insurance programs shall be subject to sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985.’.

    (b)(1) Section 250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after ‘appropriations’ the following: ‘, except that expenses for the administration of the social security old-age and survivors insurance trust fund and the disability insurance trust fund (20-8006-0-7-651 and 20-8007-0-7-651) shall not be considered to be within any category’.

    (2) Section 253(b) of such Act is amended by striking ‘and’ after paragraph (2), by striking the period and inserting ‘; and’ after paragraph (3), and by adding at the end the following new paragraph:

      ‘(4) any spending excluded under section 250(c)(4)(B).’.

    (3) Section 256(h)(4) of such Act is amended by inserting at the end the following:

        ‘(J) The old-age, survivors and disability insurance (OASDI) programs.’.

SEC. 2. PROTECTION OF THE OASDI TRUST FUNDS IN THE HOUSE OF REPRESENTATIVES.

    (a) CONTENT OF CONCURRENT RESOLUTION ON THE BUDGET- The last sentence of section 301(a) of the Congressional Budget Act of 1974 is amended by inserting before the period the following: ‘, but shall separately set forth an estimate of benefit payments under the old-age, survivors, and disability insurance programs under title II of the Social Security Act for the fiscal year and each of the two ensuing fiscal years’.

    (b) PROTECTION OF OASDI TRUST FUNDS- Section 13302 of the Budget Enforcement Act of 1990 is amended by inserting at the end the following:

    ‘(d) POINT OF ORDER- It shall not be in order in the House of Representatives to consider any bill or joint resolution, as reported, amendment, or conference report the enactment of which would provide an appropriation for a fiscal year for the expenses of administering the old-age, survivors, and disability insurance programs under title II of the Social Security Act in excess of 1.5 percent of the estimate of benefit payments under those programs for that fiscal year set forth in the most recently agreed to concurrent resolution on the budget.’.

SEC. 3. TECHNICAL CORRECTIONS RELATED TO OASDI IN THE OMNIBUS BUDGET RECONCILIATION ACT OF 1990.

    (a) AMENDMENTS RELATED TO PROVISIONS IN SECTION 5103(b) RELATING TO DISABLED WIDOWS- Section 223(f)(2) of the Social Security Act (42 U.S.C. 423(f)(2)) is amended--

      (1) in subparagraph (A), by striking ‘(in a case to which clause (ii)(II) does not apply)’; and

      (2) by striking subparagraph (B)(ii) and inserting the following:

          ‘(ii) the individual is now able to engage in substantial gainful activity; or’.

    (b) AMENDMENTS RELATED TO PROVISIONS IN SECTION 5105(d) RELATING TO REPRESENTATIVE PAYEES- Section 5105(d)(1)(A) of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508) is amended--

      (1) by striking ‘Section 205(j)(5)’ and inserting ‘Section 205(j)(6)’; and

      (2) by redesignating the paragraph (5) as amended thereby as paragraph (6).

    (c) AMENDMENTS RELATED TO PROVISIONS IN SECTION 5106 Relating to Coordination of Rules Under Titles II and XVI Governing Fees for Representatives of Claimants With Entitlements Under Both Titles-

      (1) CALCULATION OF FEE OF CLAIMANT’S REPRESENTATIVE BASED ON AMOUNT OF PAST-DUE SUPPLEMENTAL SECURITY INCOME BENEFITS AFTER APPLICATION OF WINDFALL OFFSET PROVISION- Section 1631(d)(2)(A)(i) of the Social Security Act (as amended by section 5106(a)(2) of the Omnibus Budget Reconciliation Act of 1990) (42 U.S.C. 1383(d)(2)(A)(i)) is amended to read as follows:

      ‘(i) by substituting, in subparagraphs (A)(ii)(I) and (C)(i), the phrase ‘(as determined before any applicable reduction under section 1631(g), and reduced by the amount of any reduction in benefits under this title or title II made pursuant to section 1127(a))’ for the parenthetical phrase contained therein; and’.

      (2) CALCULATION OF PAST-DUE BENEFITS FOR PURPOSES OF DETERMINING ATTORNEY FEES IN JUDICIAL PROCEEDINGS-

        (A) IN GENERAL- Section 206(b)(1) of such Act (42 U.S.C. 406(b)(1)) is amended--

          (i) by inserting ‘(A)’ after ‘(b)(1)’; and

          (ii) by adding at the end the following new subparagraph:

    ‘(B) For purposes of this paragraph--

      ‘(i) the term ‘past-due benefits’ excludes any benefits with respect to which payment has been continued pursuant to subsection (g) or (h) of section 223, and

      ‘(ii) amounts of past-due benefits shall be taken into account to the extent provided under the rules applicable in cases before the Secretary.’.

        (B) PROTECTION FROM OFFSETTING SSI BENEFITS- The last sentence of section 1127(a) of such Act (as added by section 5106(b) of the Omnibus Budget Reconciliation Act of 1990) (42 U.S.C. 1320a-6(a)) is amended by striking ‘section 206(a)(4)’ and inserting ‘subsection (a)(4) or (b) of section 206’.

      (3) APPLICATION OF SINGLE DOLLAR AMOUNT CEILING TO CONCURRENT CLAIMS UNDER TITLES II AND XVI-

        (A) IN GENERAL- Section 206(a)(2) of such Act (as amended by section 5106(a)(1) of the Omnibus Budget Reconciliation Act of 1990) (42 U.S.C. 406(a)(2)) is amended--

          (i) by redesignating subparagraph (C) as subparagraph (D); and

          (ii) by inserting after subparagraph (B) the following new subparagraph:

    ‘(C) In any case involving--

      ‘(i) an agreement described in subparagraph (A) with any person relating to both a claim of entitlement to past-due benefits under this title and a claim of entitlement to past-due benefits under title XVI, and

      ‘(ii) a favorable determination made by the Secretary with respect to both such claims,

    the Secretary may approve such agreement only if the total fee or fees specified in such agreement does not exceed, in the aggregate, the dollar amount in effect under subparagraph (A)(ii)(II).’.

        (B) CONFORMING AMENDMENT- Section 206(a)(3)(A) of such Act (as amended by section 5106(a)(1) of the Omnibus Budget Reconciliation Act of 1990) (42 U.S.C. 406(a)(3)(A)) is amended by striking ‘paragraph (2)(C)’ and inserting ‘paragraph (2)(D)’.

    (d) AMENDMENT RELATED TO PROVISIONS IN SECTION 5115 RELATING TO ADVANCE TAX TRANSFERS- Section 201(a) of the Social Security Act (42 U.S.C. 401(a)) is amended in the last sentence by striking ‘and’ the second place it appears.

SEC. 4. EFFECTIVE DATE.

    (a) SECTIONS 1 AND 2- The amendments made by sections 1 and 2 shall apply to fiscal year 1994 and subsequent fiscal years.

    (b) SECTION 3- Each amendment made by section 3 shall take effect as if included in the provisions of the Omnibus Budget Reconciliation Act of 1990 to which such amendment relates.