Statutory Pay-As-You-Go Act of 2010
Pub. L. 111-139; ; 124 Stat. 8; Feb. 12, 2010; H.J. Res. 45 (111th Congress)
On February 12, 2010, President Barack Obama signed H.J.Res. 45 into law, as P.L. 111-139. In addition to an increase in the statutory limit on the public debt to $14.294 trillion, the act contains two titles dealing with budgetary matters. Title I, referred to as the Statutory Pay-As-You-Go Act of 2010, established a budget enforcement mechanism requiring legislation enacted into law not increase the deficit. Since deficits are calculated by summing changes in direct spending and revenue , it applies to laws making such changes.
Title II, which contains only a single section, pertains to routine investigations by the Comptroller General aimed at eliminating duplicative and wasteful spending.
Section 2 (SPaygo) states that the purpose of the Act is “to enforce a rule of budget neutrality on new revenue and direct spending legislation.” The budgetary effects of revenue and direct spending provisions enacted into law are recorded by the Office of Management and Budget (OMB) on two PAYGO scorecards. These scorecards are cover five-year and ten-year periods, and with each new session of Congress, the periods are extended out an additional fiscal year.
Conceptually, the budgetary effects of PAYGO measures are determined by CBO, which are incorporated by reference into the legislation by statements inserted into the Congressional Record by the chairmen of the House and Senate Budget Committees. In reality, this practice has not been followed and OMB estimates have been used to determine changes in direct spending and revenue.
Fourteen days after the end of a session of Congress, OMB finalizes the two PAYGO scorecards and determines whether a violation of the PAYGO deficit-neutrality has occurred. If a “debit” is determined to exist, then the President orders a sequestration that result in across-the-board cuts in nonexempt direct spending programs to eliminate the debit. Most direct spending programs are exempt from sequestration. If no PAYGO violation is found, no further action occurs and the process is repeated during the next session.
The Statutory PAYGO regimen is applied a permanent basis since no expiration dates are included in the act.
Statutory Pay-As-You-Go Act of 2010
Public Law 111-139: Statutes at Large (GPO Link)
Public Law 111-139: Statutes at Large
Section-by-Section: Statutory Pay-As-You-Go Act of 2010 (BCR Document Derived from Congressional Record)
Statutory Pay-As-You-Go Act of 2010 – Section-by-Section (Sen. Conrad) 111th Congress, 2nd Session Issue: Vol. 156, No. 12 — Daily Edition January 28, 2010; pp. S291-295.
OMB – A Description of the Statutory Pay-As-You-Go Act of 2010 (OMB Summary)
Compendium (2015) – Statutory Pay-As-You-Go Act of 2010
General Information: Pub. L. 111–139 Statutory Pay-As-You-Go Act of 2010
Pub. L. 111-139
Statutes At Large
|31 USC 3101||Amended section Increased debt limit||No section First provision||124 Stat. 8|
|2 USC 931||Short Title||Sec. 1||124 Stat. 8|
|2 USC 931||New Note||Sec. 2||124 Stat. 8|
|2 USC 932||New (Definitions)||Sec. 3||124 Stat. 8|
|2 USC 933||New||Sec. 4||124 Stat. 9|
|2 USC 639||Amended sec. 308 (CBA) CBO Scores||Sec. 4(b)||124 Stat. 11|
|2 USC 934||New||Sec. 5||124 Stat. 15|
|2 USC 935||New||Sec. 6||124 Stat. 16|
|Sec. 7||124 Stat. 16|
|2 USC 936||New||Sec. 8||124 Stat. 21|
|2 USC 937||New||Sec. 8||124 Stat. 21|
|2 USC 900||New Technical||Sec. 9(a)||124 Stat. 21|
|2 USC 906||New Technical||Sec. 9(b)||124 Stat. 21|
|2 USC 906||Repeal||Sec. 10||124 Stat. 21|
|2 USC 905||Amend Sequester BBEDCA 255 List||Sec. 11||124 Stat. 23|
|2 USC 938||New||Sec. 12||124 Stat. 29|
|2 USC 939||New||Sec. 13||124 Stat. 29|
|31 USC 712||New Note||Sec. 21||124 Stat. 29|
Text of Sections of Law
TITLE I—STATUTORY PAY-AS-YOU-GO ACT OF 2010
Section 4. Estimates and Scorecards
Section 05. Report and Sequestration Order
Section 6. Calculating Sequestration
Section 7. Adjustment Current Policies
Section 8. Application of BBEDCA
Section 9. Technical Corrections
Section 10. Conforming Amendments
Section 12. Determinations Points of Order
Section 13. Limitations Social Security
TITLE II—ELIMINATION OF DUPLICATIVE AND WASTEFUL SPENDING
Section 21. Identification, Consolidation, and Elimination of Duplicative Government Programs.
Unfunded Mandates Reform Act of 1995
Budget Control Act of 2011