Strike I — Senate Parliamentarian Rules Against GOP Social Security Challenge

Yesterday, we reported how the Republicans thought they had a way to get the entire reconciliation bill tossed.

Their plan was to argue that the following statement by Steny Hoyer indicated that the Reconciliation bill violated the Congressional Budget Act Of 1974, which states that any bill that contains “recommendations with respect to” Social Security, will be out of order and therefor ineligible for budget reconciliation.

“The Congressional Budget Office estimate of the health care legislation shows an increase in Social Security revenues… CBO projects that the resulting increase in wages will generate $29 billion in additional FICA contributions to the Social Security Trust Fund.” (“Health Care Reform Update,”

Late Monday, Alan Frumin, the Senate Parliamentarian ruled in favor of the Democrats when the Republicans made the argument that delaying the Cadillac tax would impact Social Security, which would constitute “recommendations with respect to” Social Security, there by making the House bill ineligible for reconciliation.

Senate Republicans Monday afternoon argued to Frumin that a provision of the reconciliation package approved by the House violated Section 310g of the Budget Act. Had Frumin ruled in the Republicans’ favor, the bill would have been stripped of its reconciliation status.

Frumin heard arguments from Democratic and GOP Senate staff, and he ultimately ruled in favor of the Democrats. The Republicans argued that a provision dealing with the excise tax on “Cadillac” insurance plans impacted Social Security. The Budget Act does not permit reconciliation legislation to affect Social Security.

Most considered this a long shot, as it was a weak and indirect effect on Social Security, so therefore the ruling isn’t too surprising. The reason the GOP wanted this one is that it would make the entire bill out of order, where most other points of order that the GOP wins would only require that the specific clause or language (that is ruled out of order) be removed from the reconciliation bill.

It’s important to note several things.

First, even if the reconciliation bill was ruled out of order, the Senate bill passed yesterday will still become law when President Obama signs it tomorrow morning.

Second, any changes that are made to the House reconciliation bill, which the Senate is set to consider, would require the bill to be sent back to the House for another vote.  The bill that the Senate ultimately votes on must be the exact language that the House passed.  So, whether a change comes from a ruling by the Senate Parliamentarian, a change made by Senate Democrats, or an amendment that is passed (whether offered by Democrats or Republicans), it will require the bill to go back to the House for another vote.

Third, it is also possible that this could happen multiple times, which is the “ping ponging” that reporters and Congressmen sometimes refer to in articles or interviews.