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Code · BILL · 119th Congress · S. 770 (Introduced in Senate) — To enhance Social Security benefits and ensure the long-term solvency of the Social Security program. · Sec. 9

Sec. 9. Social Security Trust Fund established

3,296 words·~15 min read·/bill/119/s/770/is/section-9

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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.
The amounts appropriated by paragraphs (1), (2), and
(3)shall be transferred from time to time from the general fund in the Treasury to the Social Security Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in paragraphs (1), (2), and (3), paid to or deposited into the Treasury; and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the taxes specified in such paragraphs. All amounts transferred to the Social Security Trust Fund under the preceding sentence shall be invested by the Managing Trustee in the same manner and to the same extent as the other assets of the Trust Fund. Notwithstanding the preceding sentence, in any case in which the Secretary of the Treasury determines that the assets of the Trust Fund would otherwise be inadequate to meet the Trust Fund's obligations for any month, the Secretary of the Treasury shall transfer to the Trust Fund on the first day of such month the total amount which would have been transferred to the Trust Fund under this section as in effect on October 1, 1990; and the Trust Fund shall pay interest to the general fund on the amount so transferred on the first day of any month at a rate (calculated on a daily basis, and applied against the difference between the amount so transferred on such first day and the amount which would have been transferred to the Trust Fund up to that day under the procedures in effect on January 1, 1983) equal to the rate earned by the investments of the Trust Fund in the same month under subsection (d). . 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. . 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 ) 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. The section heading for section 201 of the Social Security Act is amended to read as follows: . Social Security Trust Fund 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 . Section 201 of such Act is amended in subsections
(d)and
(e)by striking Trust Funds each place it appears and inserting Trust Fund . 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 . 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 ( ; and Public Law 103–296 ). 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 . 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. . 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 . 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 . 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 . 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 . Section 201 of such Act is amended by striking subsections (b), (l), and (n). 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). 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) . 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 and inserting Trust Funds ; 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 and inserting Federal Old-Age and Survivors Insurance Trust Fund ; and Social Security Trust Fund 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 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 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 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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. 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.
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