S-Paygo (Contents)

Statutory Pay-As-You-Go Act of 2010

Pub. L. 111-139; ; 124 Stat. 8; Feb. 12, 2010; H.J. Res. 45 (111th Congress)

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 TITLE I—STATUTORY PAY-AS-YOU-GO ACT OF 2010
sec. 13. LIMITATION ON CHANGES TO THE SOCIAL SECURITY ACT.

(a) Limitation on Changes to the Social Security Act.— Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any bill or resolution pursuant to any expedited procedure to consider the recommendations of a Task Force for Responsible Fiscal Action[1] or other commission that contains recommendations[2] with respect to the old-age, survivors, and disability insurance program established under title II of the Social Security Act, or the taxes received under subchapter A of chapter 9; the taxes imposed by subchapter E of chapter 1; and the taxes collected under section 86 of part II of subchapter B of chapter 1 of the Internal Revenue Code.

(b) Waiver.—This section may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.

(c) Appeals.—An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.

 

 

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COUNSEL NOTES
Codificaiton

This section is classified to the U.S. Code at 2 U.S.C. 939. 

Endnotes

[1] Legislation has been introduced in Congress to establish a bipartisan commission to develop proposals addressing long term budgetary issues. None has been enacted, though this point of order applies to measures recommending changes to OASDI by any commission.

[2] This section sets forth a point of order against legislative measures that include amendments to Social Security, but whether such a bill “contains recommendations” pursuant to a commission is not made clear. The term “expedited considerations” is not a defined term, but generally can be understood as occurring when normal Congressional rules are not applied.  It must be presumed that whatever law or rule provides these procedures also would make clear whether they are related to a identifiable commission to be associated with this point of order, or have it apply. This point of order has never been raised.     

Additional Information

In the 110th Congress:

S. 2063, the Bipartisan Task Force for Responsible Fiscal Action Act of 2007, was introduced by Sen. Kent Conrad [ND]. H.R.3655, the Bipartisan Task Force for Responsible Fiscal Action Act of 2007, by Rep. Jim Cooper [TN].Hearings were held but no other legislative action was taken on these bills.

In the 111th Congress:

S. 2853, the Bipartisan Task Force for Responsible Fiscal Action Act of 2009, was introduced by Sen. Kent Conrad [ND].

S. 2965, the Commission for Fiscal Sustainability Act of 2010, was introduced by Sen. John Ensign [NV].

No legislative action was taken on these bills.

GAO Report Requested By Senator Kent Conrad: 

Long-Term Fiscal Challenge – Comments on the Bipartisan Task Force for Responsible Fiscal Action Act (October 31, 2007)

S-PAYGO Section-by-Section (Congressional Record)

The Statutory Pay-As-You-Go Act of 2010 (Pub. L. 111-139) does not have a formal report for it. Senator Kent Conrad (D-ND) inserted a section-by-section in the Congressional Record, which summarized this section:   

Section 12. Determinations and Points of Order: Section 12 affirms that nothing in this Act is intended to limit the authority of the Budget Committee Chairmen to make determinations and estimates of the costs or savings of legislation. In addition, the section authorizes CBO to consult with the Budget Committees to resolve any ambiguities in the interpretation of the Act.


LEGISLATIVE HISTORY NOTES
PUBLIC LAWS

Pub. L. 111–139, title I, §13, Feb. 12, 2010, 124 Stat. 29 (Statutory Pay-As-You-Go Act of 2010).

References in Text

The Social Security Act, referred to in subsection (a), is was enacted Aug. 14, 1935, ch. 531, 49 Stat. 620. 

 

 

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Section 12 (S-Paygo) 

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Section 21 (S-Paygo)

 

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