II 

112TH CONGRESS 

1ST SESSION S. 123 

To establish a procedure to safeguard the Social Security Trust Funds. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. VITTER introduced the following bill; which was read twice and referred 

to the Committee on the Budget 

A BILL 

To establish a procedure to safeguard the Social Security 

Trust Funds. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Social Security Lock5 Box Act of 2011’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) fiscal pressures will mount as an aging pop9 ulation increases the Government’s obligations to 

10 provide retirement income and health services; 


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1 (2) Social Security surpluses should be reserved 

2 for strengthening and preserving the Social Security 

3 Trust Funds; and 

4 (3) preserving Social Security surpluses would 

5 restore confidence in the long-term financial integ6 rity of Social Security. 

7 (b) PURPOSE.—It is the purpose of this Act to pre8 vent the Social Security Trust Funds from being used for 

9 any purpose other than providing retirement security. 

10 SEC. 3. PROTECTION OF SOCIAL SECURITY TRUST FUNDS. 

11 (a) PROTECTION OF SOCIAL SECURITY.—Title III of 

12 the Congressional Budget Act of 1974 is amended by add13 ing at the end the following new section: 

14 ‘‘LOCK-BOX FOR SOCIAL SECURITY

15 ‘‘SEC. 316. (a) LOCK-BOX FOR SOCIAL SECURITY.— 

16 ‘‘(1) CONCURRENT RESOLUTIONS ON THE

17 BUDGET.— 

18 ‘‘(A) IN GENERAL.—It shall not be in 

19 order in the House of Representatives or the 

20 Senate to consider any concurrent resolution on 

21 the budget, or an amendment thereto or con22 ference report thereon, that would set forth to23 tals for any fiscal year with respect to the So24 cial Security Trust Funds that are less than the 

25 totals of the Social Security Trust Funds for 


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1 that fiscal year as calculated in accordance with 

2 a current services baseline. 

3 ‘‘(B) EXCEPTION.—(i) Subparagraph (A) 

4 shall not apply to the extent that a violation of 

5 such subparagraph would result from an as6 sumption in the resolution, amendment, or con7 ference report, as applicable, of an increase in 

8 outlays or a decrease in revenues and disburse9 ments relative to the baseline underlying that 

10 resolution for social security reform legislation 

11 for any such fiscal year. 

12 ‘‘(ii) If a concurrent resolution on the 

13 budget, or an amendment thereto or conference 

14 report thereon, would be in violation of sub15 paragraph (A) because of an assumption of an 

16 increase in outlays or a decrease in revenue rel17 ative to the baseline underlying that resolution 

18 for social security reform legislation for any 

19 such fiscal year, then that resolution shall in20 clude a statement identifying any such increase 

21 in outlays or decrease in revenues and disburse22 ments. 

23 ‘‘(2) SPENDING AND TAX LEGISLATION.— 

24 ‘‘(A) IN GENERAL.—It shall not be in 

25 order in the House of Representatives or the 


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1 Senate to consider any bill, joint resolution, 

2 amendment, motion, or conference report if— 

3 ‘‘(i) the enactment of that bill or reso4 lution, as reported; 

5 ‘‘(ii) the adoption and enactment of 

6 that amendment; or 

7 ‘‘(iii) the enactment of that bill or res8 olution in the form recommended in that 

9 conference report, 

10 would cause the totals for any fiscal year cov11 ered by the most recently agreed to concurrent 

12 resolution on the budget with respect to the So13 cial Security Trust Funds to be less than the 

14 totals of the Social Security Trust Funds for 

15 that fiscal year as calculated in accordance with 

16 the current services baseline. 

17 ‘‘(B) EXCEPTION.—Subparagraph (A) 

18 shall not apply to social security reform legisla19 tion. 

20 ‘‘(b) ENFORCEMENT.—For purposes of enforcing any 

21 point of order under subsection (a), the totals of the Social 

22 Security Trust Funds for a fiscal year shall be the levels 

23 set forth in the later of the report accompanying the con24 current resolution on the budget (or, in the absence of 

25 such a report, placed in the Congressional Record prior 


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1 to the consideration of such resolution) or in the joint ex2 planatory statement of managers accompanying such reso3 lution. 

4 ‘‘(c) ADDITIONAL CONTENT OF REPORTS ACCOM5 PANYING BUDGET RESOLUTIONS AND OF JOINT EXPLAN6 ATORY STATEMENTS.—The report accompanying any con7 current resolution on the budget and the joint explanatory 

8 statement accompanying the conference report on each 

9 such resolution shall include the levels of the totals in the 

10 budget for each fiscal year set forth in such resolution and 

11 of the revenues and disbursements in the Social Security 

12 Trust Funds. 

13 ‘‘(d) DEFINITIONS.—As used in this section, the term 

14 ‘social security reform legislation’ means a bill or a joint 

15 resolution to save social security that includes a provision 

16 stating the following: ‘For purposes of section 316(a) of 

17 the Congressional Budget Act of 1974, this Act con18 stitutes social security reform legislation.’. 

19 ‘‘(e) WAIVER AND APPEAL.—Subsection (a) may be 

20 waived or suspended in the Senate only by an affirmative 

21 vote of three-fifths of the Members, duly chosen and 

22 sworn. An affirmative vote of three-fifths of the Members 

23 of the Senate, duly chosen and sworn, shall be required 

24 in the Senate to sustain an appeal of the ruling of the 

25 Chair on a point of order raised under this section. 


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1 ‘‘(f) EFFECTIVE DATE.—This section shall cease to 

2 have any force or effect upon the enactment of social secu3 rity reform legislation.’’. 

4 (b) CONFORMING AMENDMENT.—The table of con5 tents set forth in section 1(b) of the Congressional Budget 

6 and Impoundment Control Act of 1974 is amended by 

7 adding after the item for section 315 the following: 

‘‘Sec. 316. Lock-box for social security.’’. 

8 SEC. 4. PRESIDENT’S BUDGET. 

9 (a) PROTECTION OF SOCIAL SECURITY.—If the 

10 budget of the United States Government submitted by the 

11 President under section 1105(a) of title 31, United States 

12 Code, recommends totals for any fiscal year with respect 

13 to the Social Security Trust Funds that are less than the 

14 totals of the Social Security Trust Funds for that fiscal 

15 year as calculated in accordance with current services 

16 baseline, then it shall include a detailed proposal for social 

17 security reform legislation. 

18 (b) EFFECTIVE DATE.—Subsection (a) shall cease to 

19 have any force or effect upon the enactment of social secu20 rity reform legislation as defined by section 316(d) of the 

21 Congressional Budget Act of 1974. 

Æ 


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