II
118th CONGRESS
1st Session
S. 393
IN THE SENATE OF THE UNITED STATES
February 13, 2023
Mr. Sanders (for himself, Ms. Warren, Mr. Whitehouse, Mr. Merkley, Mr. Van Hollen, Mr. Padilla, Mrs. Gillibrand, Mr. Booker, Ms. Smith, and Mr. Markey) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To enhance Social Security benefits and ensure the long-term solvency of the Social Security program.
Short title; table of contents
Short title
This Act may be cited as the Social Security Expansion Act
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Across-the-board benefit increase.
Sec. 3. Computation of cost-of-living increases.
Sec. 4. Increase in minimum benefit for lifetime low earners based on years in the workforce.
Sec. 5. Extended benefit eligibility for children who are full-time students.
Sec. 6. Payroll tax on remuneration up to contribution and benefit base and more than $250,000.
Sec. 7. Tax on net earnings from self-employment up to contribution and benefit base and more than $250,000.
Sec. 8. Tax on investment gain.
Sec. 9. Social Security Trust Fund established.
Across-the-board benefit increase
Increase of first bend point percentage
Section 215(a)(1)(A)(i) of the Social Security Act (42 U.S.C. 415(a)(1)(A)(i)) is amended by striking 90 percent
and inserting 95 percent
.
Adjustment To Bend point amount
In general
Section 215(a)(1)(B) of the Social Security Act (42 U.S.C. 415(a)(1)(B)) is amended—
by redesignating clause (iii) as clause (iv); and
by inserting after clause (ii) the following new clause:
For an individual who is eligible for an old-age or disability insurance benefit (or who dies before becoming eligible for such a benefit) in any calendar year after 2023, the amount determined for the individual under clause (ii) of this subparagraph for purposes of subparagraph (A)(i)(I) shall be increased by 22 percent.
.
Conforming amendment
Clause (iv) of section 215(a)(1)(B) of the Social Security Act (42 U.S.C. 415(a)(1)(B)), as redesignated by paragraph (1), is amended by inserting (after the application of clause (iii), when applicable)
after clause (ii)
.
Effective date
In general
The amendments made by this section shall take effect on January 1, 2024, and shall apply with respect to monthly insurance benefits payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) for months in calendar years beginning on or after such date.
Recomputation of primary insurance amounts
In general
Notwithstanding section 215(f) of the Social Security Act (42 U.S.C. 415(f)), the Commissioner of Social Security shall recompute primary insurance amounts to the extent necessary to carry out the amendments to this section.
Rule of application
In recomputing the primary insurance amount of an individual who initially became eligible for old-age or disability insurance benefits before January 1, 2024, the Commissioner of Social Security shall apply the increase described in clause (iii) of section 215(a)(1)(B) of the Social Security Act (as added by subsection (b)(1)(B)) to the amount determined under clause (ii) of such section 215(a)(1)(B) for the calendar year in which the individual initially became eligible for such benefits.
Computation of cost-of-living increases
In general
Section 215(i)(1) of the Social Security Act (42 U.S.C. 415(i)(1)) is amended by adding at the end the following new subparagraph:
the term Consumer Price Index means the Consumer Price Index for Elderly Consumers (CPI–E, as published by the Bureau of Labor Statistics of the Department of Labor).
.
Application to pre-1979 law
In general
Section 215(i)(1) of the Social Security Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended by adding at the end the following new subparagraph:
the term Consumer Price Index means the Consumer Price Index for Elderly Consumers (CPI–E, as published by the Bureau of Labor Statistics of the Department of Labor).
.
Conforming change
Section 215(i)(4) of the Social Security Act (42 U.S.C. 415(i)(4)) is amended—
by striking and by section 9001
and inserting , section 9001
; and
by inserting and section 3 of the Social Security Expansion Act,
after 1986,
.
No effect on adjustments under other laws
Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended by adding at the end the following:
Any provision of law (other than in this title, title VIII, or title XVI) which provides for adjustment of an amount based on a change in benefit amounts resulting from a determination made under this subsection shall be applied and administered without regard to the amendments made by section 3 of the Social Security Expansion Act, and, for purposes of making such an adjustment under such a provision, this subsection as in effect on the day before the date of enactment of such Act shall continue to apply.
.
Publication of Consumer Price Index for Elderly Consumers
The Bureau of Labor Statistics of the Department of Labor shall prepare and publish the index authorized by section 191 of the Older Americans Amendments Act of 1987 (29 U.S.C. 2 note) for each calendar month, beginning with July of the calendar year following the calendar year in which this Act is enacted, and such index shall be known as the Consumer Price Index for Elderly Consumers
.
Effective date
The amendments made by subsection (a) shall apply to determinations made with respect to cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B))) ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted.
Increase in minimum benefit for lifetime low earners based on years in the workforce
In general
Section 215(a)(1) of the Social Security Act (42 U.S.C. 415(a)(1)) is amended—
by redesignating subparagraph (D) as subparagraph (E); and
by inserting after subparagraph (C) the following new subparagraph:
Effective with respect to the benefits of individuals who become eligible for old-age insurance benefits or disability insurance benefits (or die before becoming so eligible) after 2023, no primary insurance amount computed under subparagraph (A) may be less than the greater of—
the minimum monthly amount computed under subparagraph (C); or
in the case of an individual who has more than 10 years of work (as defined in clause (iv)(I)), the alternative minimum amount determined under clause (ii).
The alternative minimum amount determined under this clause is the applicable percentage of 1/12 of the annual dollar amount determined under clause (iii) for the year in which the amount is determined.
For purposes of subclause (I), the applicable percentage is the percentage specified in connection with the number of years of work, as set forth in the following table:
| If the number of years | The applicable |
| of work is: | percentage is: |
| 11 | 6.25 percent |
| 12 | 12.50 percent |
| 13 | 18.75 percent |
| 14 | 25.00 percent |
| 15 | 31.25 percent |
| 16 | 37.50 percent |
| 17 | 43.75 percent |
| 18 | 50.00 percent |
| 19 | 56.25 percent |
| 20 | 62.50 percent |
| 21 | 68.75 percent |
| 22 | 75.00 percent |
| 23 | 81.25 percent |
| 24 | 87.50 percent |
| 25 | 93.75 percent |
| 26 | 100.00 percent |
| 27 | 106.25 percent |
| 28 | 112.50 percent |
| 29 | 118.75 percent |
| 30 or more | 125.00 percent. |
The annual dollar amount determined under this clause is—
for calendar year 2024, the poverty guideline for 2023; and
for any calendar year after 2024, the annual dollar amount for 2023 multiplied by the ratio of—
the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is made, to
the national average wage index (as so defined) for 2022.
For purposes of this subparagraph—
the term year of work means, with respect to an individual, a year to which 4 quarters of coverage have been credited based on such individual’s wages and self-employment income; and
the term poverty guideline for 2023 means the annual poverty guideline for 2023 (as updated annually in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981) as applicable to a single individual.
.
Recomputation
Notwithstanding section 215(f)(1) of the Social Security Act, the Commissioner of Social Security shall recompute primary insurance amounts originally computed for months prior to November 2018 to the extent necessary to carry out the amendments made by this section.
Conforming amendment
Section 209(k)(1) of such Act (42 U.S.C. 409(k)(1)) is amended by inserting 215(a)(1)(E),
after 215(a)(1)(D),
.
Extended benefit eligibility for children who are full-time students
In general
In general
Section 202(d) of the Social Security Act (42 U.S.C. 402(d)) is amended—
in paragraph (1)—
in subparagraph (B)—
by striking or (ii)
and inserting (ii)
; and
by inserting or (iii) was the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual and was a full-time student at an educational institution and had not attained the age of 22,
after 22,
;
in subparagraph (E)—
by striking and (ii)
and inserting (ii)
; and
by inserting and (iii) is not a full-time student at an educational institution during any part of such month (in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual)
before the comma at the end;
in subparagraph (F), by striking clauses (i) and (ii) and inserting the following:
in the case of a child who is the child of an individual entitled to old-age insurance benefits—
the first month during no part of which the child is a full-time elementary or secondary school student, or
the month in which the child attains the age of 19, and
in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual—
the first month during no part of which the child is a full-time student at an educational institution, or
the month in which the child attains the age of 22,
; and
in subparagraph (G), by striking clauses (ii) and (iii) and inserting the following:
in the case of a child who is the child of an individual entitled to old-age insurance benefits—
the first month during no part of which the child is a full-time elementary or secondary school student, or
the month in which the child attains the age of 19, and
in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual—
the first month during no part of which the child is a full-time student at an educational institution, or
the month in which the child attains the age of 22,
;
in paragraph (6)—
in subparagraph (A)—
by striking or (ii)
and inserting (ii)
; and
by inserting or (iii) is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual and is a full-time student at an educational institution and has not attained the age of 22,
after 22,
; and
by striking subparagraphs (D) and (E) and inserting the following:
the earlier of—
in the case of a child who is the child of an individual entitled to old-age insurance benefits—
the first month during no part of which the child is a full-time elementary or secondary school student; or
the month in which the child attains the age of 19; and
in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual—
the first month during no part of which the child is a full-time student at an educational institution; or
the month in which the child attains the age of 22,
if the child was under a disability (as so defined), the termination month (as defined in paragraph (1)(G)(i)), subject to section 223(e), or (if later) the earlier of—
in the case of a child who is the child of an individual entitled to old-age insurance benefits—
the first month during no part of which the child is a full-time elementary or secondary school student; or
the month in which the child attains the age of 19; and
in the case of a child who is the child of an individual entitled to disability insurance benefits or of an individual who dies a fully or currently insured individual—
the first month during no part of which the child is a full-time student at an educational institution; or
the month in which the child attains the age of 22.
; and
in paragraph (7), by adding at the end the following new paragraphs:
The term full-time student at an educational institution means an individual who is in full-time attendance as a student at an elementary school (but only in the case of an individual who has not attained the age of 19) or a secondary school or an institution described in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), as determined by the Commissioner of Social Security (in accordance with regulations prescribed by the Commissioner) in the light of the standards and practices of the schools and institutions involved, except that no individual shall be considered a full-time student at an educational institution if the individual is paid by his employer while attending a school or institution at the request, or pursuant to a requirement, of his employer. An individual shall not be considered a full-time student at an educational institution for the purpose of this section while that individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to the individual's conviction of an offense (committed after the effective date of this sentence) which constituted a felony under applicable law. An individual who is determined to be a full-time student at an educational institution shall be deemed to be such a student throughout the month with respect to which such determination is made.
Except to the extent provided in such regulations, an individual shall be deemed to be a full-time student at a school or educational institution during any period of nonattendance at a school or institution at which he has been in full-time attendance if (i) such period is 4 calendar months or less, and (ii) the individual shows to the satisfaction of the Commissioner of Social Security that the individual intends to continue to be in full-time attendance at a secondary school or institution described in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002) immediately following such period. An individual who does not meet the requirement of clause (ii) with respect to such period of nonattendance shall be deemed to have met such requirement (as of the beginning of such period) if he is in full-time attendance at such a school or institution immediately following such period.
A child who attains age 22 at a time when the child is a full-time student of an educational institution (as defined in subparagraph (E) and without application of subparagraph (F)) but has not (at such time) completed the requirements for, or received, a diploma or equivalent certificate from a secondary school (as defined in subparagraph (C)(i)) or, if such child is a student at an educational institution described in section 102 of the Higher Education Act of 1965, a diploma, degree, or equivalent degree from such an institution, shall be deemed (for purposes of determining whether the child's entitlement to benefits under this subsection has terminated under paragraph (1)(F) and for purposes of determining his initial entitlement to such benefits under clause (iii) of paragraph (1)(B)) not to have attained such age until the first day of the first month following the end of the quarter or semester in which he is enrolled at such time (or, if the secondary school or educational institution in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the course in which the child is so enrolled or until the first day of the third month beginning after such time, whichever first occurs).
.
Effective date
The amendments made by this subsection shall apply to child's insurance benefits that are payable for months beginning on or after January 1, 2024.
Railroad Retirement Act
Section 2(d) of the Railroad Retirement Act of 1974 (45 U.S.C. 232(2)(d)) is amended—
in clause (iii) of paragraph (1), by striking will be less than nineteen years of age and a full-time elementary or secondary school student
and inserting will be less than 22 years of age and a full-time student at an educational institution (as defined in section 202(d)(7)(E) of the Social Security Act)
; and
in paragraph (4)—
by striking (defining the terms full-time elementary or secondary school student and
;elementary or secondary school
)
by striking nineteen
and inserting 22
;
by striking full-time elementary or secondary school student
and inserting full-time student at an educational institution
;
by striking subparagraph (A) of paragraph (7) of section 202(d) of the Social Security Act and without the application of subparagraph (B)
and inserting subparagraph (E) of section 202(d)(7) of the Social Security Act, without regard to subparagraph (F) of such section
;
by striking a diploma or equivalent certificate from a secondary school (as defined in section 202(d)(7)(c)(i) of the Social Security Act)
and inserting a diploma, degree, or equivalent certificate from a secondary school or educational institution described in section 202(d)(7)(E) of the Social Security Act
; and
by striking elementary or secondary school in which he is enrolled
and inserting school or institution in which the child is enrolled
.
Section 5(c)(7) of the Railroad Retirement Act of 1974 (45 U.S.C. 235(c)(7)) is amended—
by striking full-time elementary or secondary school student
and inserting full-time student at an educational institution
; and
by striking 19
and inserting 22
.
The amendments made by this subsection shall apply to benefits under the Railroad Retirement Act of 1974 that are payable for months beginning on or after January 1, 2024.
Payroll tax on remuneration up to contribution and benefit base and more than $250,000
In general
Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 is amended to read as follows:
in the case of taxes imposed by sections 3101(a) and 3111(a), for any calendar year in which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $250,000, so much of the remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) with respect to employment that has been paid to an individual by an employer during the calendar year as exceeds such contribution and benefit base but does not exceed $250,000;
.
Conforming amendments
Successor employers
Section 3121 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:
Special rules for successor employers
For purposes of subsection (a)(1), if an employer (hereinafter referred to as successor employer) during any calendar year acquires substantially all the property used in a trade or business of another employer (hereinafter referred to as a predecessor), or used in a separate unit of a trade or business of a predecessor, and immediately after the acquisition employs in his trade or business an individual who immediately prior to the acquisition was employed in the trade or business of such predecessor, then, for the purpose of determining the amount of remuneration paid by the successor employer under such subsection, any remuneration (other than remuneration referred to in the paragraphs succeeding paragraph (1) of subsection (a)) with respect to employment paid (or considered under this subsection as having been paid) to such individual by such predecessor during such calendar year and prior to such acquisition shall be considered as having been paid by such successor employer.
.
Application to railroad retirement taxes
Clause (i) of section 3231(e)(2)(A) of such Code is amended to read as follows:
In general
For any calendar year in which the applicable base is less than $250,000, the term compensation does not include so much of the remuneration paid during any calendar year to an individual by an employer for services rendered as an employee to such employer as exceeds the applicable base but does not exceed $250,000.
.
Effective date
The amendments made by this section shall apply to remuneration paid on or after January 1 of the first calendar year that begins after the date of enactment of this Act.
Tax on net earnings from self-employment up to contribution and benefit base and more than $250,000
In general
Paragraph (1) of section 1402(b) of the Internal Revenue Code of 1986 is amended to read as follows:
in the case of the tax imposed by section 1401(a) for any taxable year beginning in a calendar year in which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $250,000, the excess (if any) of—
so much of the net earnings from self-employment which is in excess of—
an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, minus
the amount of the wages paid to such individual during such taxable years, over
the sum of—
the excess (if any) of—
the net earning from self-employment reduced by the excess (if any) of subparagraph (A)(i) over subparagraph (A)(ii), over
$250,000, reduced by such contribution and benefit base, plus
the amount of the wages paid to such individual during such taxable year in excess of such contribution and benefit base and not in excess of $250,000; or
.
Effective date
The amendments made by this section shall apply to net earnings from self-employment derived, and remuneration paid, on or after January 1 of the first calendar year that begins after the date of enactment of this Act.
Tax on investment gain
Increase in tax
In general
Subsection (a) of section 1411 of the Internal Revenue Code of 1986 is amended by striking 3.8 percent
each place it appears and inserting 16.2 percent
.
Conforming amendment
The heading for chapter 2A of the Internal Revenue Code of 1986 is amended by striking Unearned income medicare contribution
and inserting Additional tax on unearned income in lieu of Social Security and Medicare taxes
.
Inclusion of active trade or business income
In general
Section 1411(c)(1)(A) of the Internal Revenue Code of 1986 is amended—
in clause (i), by striking , other than such income which is derived in the ordinary course of a trade or business not described in paragraph (2)
,
in clause (ii), by striking described in paragraph (2)
and inserting (determined under rules similar to the rules of paragraphs (5) and (6) of section 469(c))
, and
in clause (iii), by striking other than property held in a trade or business not described in paragraph (2)
.
Denial of deduction for net operating losses
Section 1411(c)(1)(B) of such Code is amended by inserting (other than the deduction for net operating losses provided in section 172)
after net gain
.
Conforming amendments
Section 1411(c) of such Code is amended by striking paragraphs (2), (3), and (4) and by redesignating paragraphs (5) and (6) as paragraphs (2) and (3), respectively.
Section 1411(c)(3) of such Code, as redesignated by subparagraph (A), is amended to read as follows:
Special rule
Net investment income shall not include—
any item taken into account in determining self-employment income for such taxable year on which a tax is imposed by section 1401, or
any item taken into account in determining wages received with respect to employment for such taxable year on which a tax is imposed by section 3101.
.
Effective date
The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act.
Social Security Trust Fund established
In general
Section 201(a) of the Social Security Act (42 U.S.C. 401(a)) is amended to read as follows:
There is hereby created on the books of the Treasury of the United States a trust fund to be known as the Social Security Trust Fund
. The Social Security Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and the amount standing to the credit of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund on the books of the Treasury on January 1 of the first calendar year beginning after the date of the enactment of section 9 of the Social Security Expansion Act, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Social Security Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Social Security Trust Fund as hereinafter provided. There is hereby appropriated to the Social Security Trust Fund for the first fiscal year that begins after the date of the enactment of section 9 of the Social Security Expansion Act, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 percent of—
the taxes imposed by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury pursuant to subtitle F of the Internal Revenue Code of 1986, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter (other than sections 3101(b) and 3111(b)) to such wages, which wages shall be certified by the Commissioner of Social Security on the basis of the records of wages established and maintained by such Commissioner in accordance with such reports;
the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, which self-employment income shall be certified by the Commissioner of Social Security on the basis of the records of self-employment income established and maintained by the Commissioner of Social Security in accordance with such returns; and
62 percent of the taxes imposed under section 1411 of the Internal Revenue Code of 1986.
.
Required actuarial analysis
Section 201(c) of the Social Security Act is amended by striking the fourth sentence in the matter following paragraph (5) and inserting the following: Such report shall also include actuarial analysis of the benefit cost with respect to disabled beneficiaries and their auxiliaries, to retired beneficiaries and their auxiliaries, and to survivor beneficiaries.
.
Board of Trustees
Board of Trustees of Social Security Trust Fund
Section 201(c) of the Social Security Act, as amended by subsection (b) of this section, is further amended in the matter preceding paragraph (1) by striking the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (hereinafter in this title called the
and inserting Trust Funds
)the Social Security Trust Fund (in this title referred to as the
.Trust Fund
)
Continuity of Board of Trustees
The Board of Trustees of the Social Security Trust Fund created by the amendment made by subsection (a) shall be a continuous body with the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund in operation prior to the effective date of such amendment. Individuals serving as members of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund as of the effective date of such amendment shall serve the remainder of their term as members of the Board of Trustees of the Social Security Trust Fund.
Conforming amendments related to Social Security Trust Fund
Amendment to section heading
The section heading for section 201 of the Social Security Act is amended to read as follows: Social Security Trust Fund
.
Board of Trustees
Section 201(c) of such Act, as amended by subsections (b) and (c)(1), is further amended—
in the matter preceding paragraph (1), by striking Board of Trustees of the Trust Funds
and inserting Board of Trustees of the Trust Fund
;
in paragraph (1), by striking Trust Funds
and inserting Trust Fund
;
in paragraph (2)—
by striking Trust Funds
and inserting Trust Fund
; and
by striking their
and inserting its
;
in paragraph (3), by striking either of the Trust Funds
and inserting the Trust Fund
;
in paragraph (5)—
by striking managing the Trust Funds
and inserting managing the Trust Fund
; and
by striking Trust Funds are
and inserting Trust Fund is
;
in the matter following paragraph (5), by striking Trust Funds
each place it appears and inserting Trust Fund
; and
in the second sentence in the matter following paragraph (5), by striking whether the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, individually and collectively, are
and inserting whether the Social Security Trust Fund is
.
Investments
Section 201 of such Act is amended in subsections (d) and (e) by striking Trust Funds
each place it appears and inserting Trust Fund
.
Crediting of interest and proceeds to Trust Funds
Section 201(f) of such Act is amended—
by striking the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall be credited to and form a part of the Federal Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund, respectively
and inserting the Social Security Trust Fund shall be credited to and form a part of the Social Security Trust Fund
;
by striking either of the Trust Funds
and inserting the Trust Fund
; and
by striking such Trust Fund
and inserting the Trust Fund
.
Administrative costs
Section 201(g) of such Act is amended—
in paragraph (1)—
in subparagraph (A), by striking Of the amounts authorized to be made available out of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under the preceding sentence
and all that follows through (Public Law 103–296).
; and
in subparagraph (B)(i)—
by striking subclauses (II) and (III) and inserting the following:
the portion of such costs which should have been borne by the Social Security Trust Fund,
; and
by redesignating subclauses (IV) and (V) as subclauses (III) and (IV);
in paragraph (2)—
by striking Trust Funds
and inserting Trust Fund
; and
by striking the last sentence; and
in paragraph (4), by striking Trust Funds
each place it appears and inserting Trust Fund
.
Benefit payments
Section 201(h) of such Act is amended to read as follows:
All benefit payments required to be made under this title shall be made only from the Social Security Trust Fund.
.
Gifts
Section 201(i) of such Act is amended—
in paragraph (1), by striking the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund
and inserting the Social Security Trust Fund
; and
in paragraph (2)(B), by striking the Federal Old-Age and Survivors Insurance Trust Fund
and inserting the Social Security Trust Fund
.
Travel expenses
Section 201(j) of such Act is amended by striking the Federal Old-Age and Survivors Insurance Trust Fund, or the Federal Disability Insurance Trust Fund (as determined appropriate by the Commissioner of Social Security)
and inserting the Social Security Trust Fund
.
Demonstration projects
Section 201(k) of such Act is amended by striking the Federal Disability Insurance Trust Fund and the Federal Old-Age and Survivors Insurance Trust Fund, as determined appropriate by the Commissioner of Social Security
and inserting the Social Security Trust Fund
.
Benefit checks
Section 201(m) of such Act is amended—
in paragraph (2), by striking each of the Trust Funds
and inserting the Social Security Trust Fund
;
in paragraph (3), by striking one of the Trust Funds
and inserting the Trust Fund
; and
by striking such Trust Fund
each place it appears and inserting the Trust Fund
.
Conforming repeals
In general
Section 201 of such Act is amended by striking subsections (b), (l), and (n).
Redesignations
Section 201 of such Act is further amended—
by redesignating subsections (c) through (j) as subsections (b) through (i), respectively;
by redesignating subsection (k) as subsection (j); and
by redesignating subsection (m) as subsection (k).
References to redesignated sections
Section 201(a) of such Act, as amended by subsection (a) of this section, is further amended—
by striking subsection (i)(1)
and inserting subsection (h)(1)
; and
by striking subsection (d)
and inserting subsection (c)
.
Section 1131(b)(1) of such Act is amended by striking section 201(g)(1)
and inserting section 201(f)(1)
.
Other conforming amendments to Social Security Act
Title II
Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended—
in section 202(x)(3)(B)(iii), by striking the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate,
and inserting the Social Security Trust Fund
;
in section 206(d)(5), by striking the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate
and inserting the Social Security Trust Fund
;
in section 206(e)(3)(B), by striking the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund
and inserting the Social Security Trust Fund
;
in section 208(b)(5)(A), by striking the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate
and inserting the Social Security Trust Fund
;
in section 215(i)(1)(F)—
in clause (i)—
by striking the combined balance in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund
and inserting the balance in the Social Security Trust Fund
; and
by striking and reduced by the outstanding amount of any loan (including interest thereon) theretofore made to either such Fund from the Federal Hospital Insurance Trust Fund under section 201(l)
; and
in clause (ii)—
by striking the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund
and inserting the Social Security Trust Fund
; and
by striking (other than payments
and all that follows through from that Account
;
in section 217(g)(2), by inserting after the first sentence the following: For purposes of any such revision of the amount determined under paragraph (1) that occurs in a year that begins after the year in which the Social Security Expansion Act is enacted, any reference in such paragraph to the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund shall be deemed to be a reference to the Social Security Trust Fund.
;
in section 221(e)—
by striking Trust Funds
each place it appears and inserting Trust Fund
; and
by striking the last sentence;
in section 221(f), by striking Trust Funds
and inserting Trust Fund
;
in section 222(d)—
in the section heading, by striking Trust Funds
and inserting Trust Fund
;
in paragraph (1), by striking to the end that savings will accrue to the Trust Funds as a result of rehabilitating such individuals, there are authorized to be transferred from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund
and inserting to the end that savings will accrue to the Trust Fund as a result of rehabilitating such individuals, there are authorized to be transferred from the Social Security Trust Fund
; and
by amending paragraph (4) to read as follows:
The Commissioner of Social Security shall determine according to such methods and procedures as the Commissioner may deem appropriate the total amount to be reimbursed for the cost of services under this subsection.
;
in section 228(g)—
in the section heading, by striking Federal Old-Age and Survivors Insurance Trust Fund
and inserting Social Security Trust Fund
; and
in the matter preceding paragraph (1), by striking Federal Old-Age and Survivors Insurance Trust Fund
and inserting Social Security Trust Fund
;
in section 231(c), by striking Trust Funds
each place it appears and inserting Trust Fund
; and
in section 234(a)(1), by striking Trust Funds
and inserting Trust Fund
.
Title VII
Title VII of the Social Security Act (42 U.S.C. 901 et seq.) is amended—
in section 703(j), by striking Federal Disability Insurance Trust Fund, the Federal Old-Age and Survivors Insurance Trust Fund,
and inserting Social Security Trust Fund
;
in section 708(c), by striking the
after OASDI trust fund ratio
under section 201(l),computing
;
in section 709—
in subsection (a), by striking Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund
and inserting Social Security Trust Fund
; and
in subsection (b)—
in paragraph (1), by striking section 201(l) or
; and
in paragraph (2), by striking Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund
and inserting Social Security Trust Fund
; and
in section 710—
in subsection (a), by striking Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund
and inserting Social Security Trust Fund
; and
in subsection (b)—
by striking any Trust Fund specified in subsection (a)
and inserting the Social Security Trust Fund
; and
by striking payments from any such Trust Fund
and inserting payments from the Social Security Trust Fund
.
Title XI
Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended—
in section 1106(b), by striking the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund
and inserting the Social Security Trust Fund
;
in section 1129(e)(2)(A), by striking the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, as determined appropriate by the Secretary
and inserting the Social Security Trust Fund
;
in sections 1131(b)(2) and 1140(c)(2), by striking the Federal Old-Age and Survivors Insurance Trust Fund
and inserting the Social Security Trust Fund
;
in section 1145(c)—
by striking paragraphs (1) and (2) and inserting the following:
the Social Security Trust Fund;
; and
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
in section 1148(j)(1)(A)—
in the first sentence, by striking the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund
and inserting the Social Security Trust Fund
; and
by striking the second sentence.
Title XVIII
Title XVIII of the Social Security Act (42 U.S.C. 1395) is amended—
in section 1817(g), by striking Federal Old-Age and Survivors Insurance Trust Fund and from the Federal Disability Insurance Trust Fund
and inserting Social Security Trust Fund
;
in section 1840(a)(2), by striking Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund
and inserting Social Security Trust Fund
; and
in section 1841(f), by striking Federal Old-Age and Survivors Insurance Trust Fund and from the Federal Disability Insurance Trust Fund
and inserting Social Security Trust Fund
.
Conforming amendments outside of Social Security Act
Budget
Off-budget exemption
Section 405(a) of the Congressional Budget Act of 1974 (2 U.S.C. 655(a)) is amended by striking Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds
and inserting Social Security Trust Fund
.
Sequestration exemption
Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by striking Payments to Social Security Trust Funds
and inserting Payments to the Social Security Trust Fund
.
Tax
Taxable wages
Section 3121(l)(4) of the Internal Revenue Code of 1986 is amended by striking Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund
and inserting Social Security Trust Fund
.
Overpayments
Section 6402(d)(3)(C) of the Internal Revenue Code of 1986 is amended by striking Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, whichever is certified to the Secretary as appropriate by the Commissioner of Social Security
and inserting Social Security Trust Fund
.
Subsection (f)(2)(B) of section 3720A of title 31, United States Code, is amended by striking Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, whichever is certified to the Secretary of the Treasury as appropriate by the Commissioner of Social Security
and inserting Social Security Trust Fund
.
False claims penalties
Subsection (g)(2) of section 3806 of title 31, United States Code, is amended—
in subparagraph (B)—
by striking Secretary of Health and Human Services
and inserting Commissioner of Social Security
; and
by striking Federal Old-Age and Survivors Insurance Trust Fund
and inserting Social Security Trust Fund
; and
in subparagraph (C)—
by striking Secretary of Health and Human Services
and inserting Commissioner of Social Security
; and
by striking Federal Disability Insurance Trust Fund
and inserting Social Security Trust Fund
.
Railroad Retirement Board
Section 7 of the Railroad Retirement Act of 1974 (45 U.S.C. 231f) is amended—
in subsection (b)(2), by striking Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund
and inserting Social Security Trust Fund
;
in subsection (c)(2)—
by striking Secretary of Health, Education, and Welfare
each time it appears and inserting Commissioner of Social Security
; and
by striking Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund,
each time it appears and inserting Social Security Trust Fund
; and
in subsection (c)(4), by striking Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund,
and inserting Social Security Trust Fund
.
Rule of construction
Effective beginning on January 1 of the first calendar year beginning after the date of the enactment of this section, any reference in law to the Federal Old-Age and Survivors Insurance Trust Fund
or the Federal Disability Insurance Trust Fund
is deemed to be a reference to the Social Security Trust Fund.
Effective date
The amendments made by this section shall take effect on January 1 of the first calendar year beginning after the date of the enactment of this section.
