I 

111TH CONGRESS 

2D SESSION H. R. 5323 

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 

to limit the year-to-year increase in total Federal spending to increases 

in the Consumer Price Index and population. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2010 

Mr. SMITH of Texas (for himself, Mr. OLSON, Mr. BURTON of Indiana, Mr. 

CONAWAY, Mr. MARCHANT, Mr. MCCLINTOCK, Mr. ISSA, Mrs. 

BACHMANN, Mr. AKIN, Mr. BILBRAY, Mr. HERGER, Mr. FRANKS of Arizona, Mr. CULBERSON, Mr. BISHOP of Utah, Mr. KING of Iowa, Mr. 

HENSARLING, Mr. CHAFFETZ, Mr. LAMBORN, Mr. WILSON of South 

Carolina, Mr. KLINE of Minnesota, Mr. PRICE of Georgia, Mr. 

NEUGEBAUER, Mr. DANIEL E. LUNGREN of California, Mr. TIAHRT, Mr. 

FLEMING, Mrs. SCHMIDT, Mr. PITTS, Mr. LATTA, Mr. GINGREY of Georgia, Mr. SHADEGG, Mr. CARTER, Mr. JORDAN of Ohio, Mr. BURGESS, 

and Mr. YOUNG of Alaska) introduced the following bill; which was referred to the Committee on the Budget 

A BILL 

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to limit the year-to-year increase in 

total Federal spending to increases in the Consumer 

Price Index and population. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Save America’s Future 

3 Economy Act of 2010’’. 

4 SEC. 2. LIMITATION ON THE GROWTH OF FEDERAL SPEND5 ING. 

6 (a) IN GENERAL.—Part C of the Balanced Budget 

7 and Emergency Deficit Control Act of 1985 is amended 

8 by adding after section 253 the following new section: 

9 ‘‘SEC. 253A. LIMITATION ON THE GROWTH OF FEDERAL 

10 SPENDING. 

11 ‘‘(a) REDUCING NONEXEMPT SPENDING ACCOUNTS

12 BY A UNIFORM PERCENTAGE.—OMB shall calculate the 

13 uniform percentage by which nonexempt spending ac14 counts are to be sequestered such that the total spending 

15 of the Government for a budget year compared to the pre16 ceding fiscal year does not increase at a rate greater than 

17 the percentage point change in the Consumer Price Index 

18 plus the percentage point change in annual population 

19 growth as computed under this section. 

20 ‘‘(b) JANUARY OMB REPORTS.—In January of each 

21 calendar year, OMB shall prepare a report which shall be 

22 included in the budget submission of the President under 

23 section 1105(a) of title 31, United States Code, for the 

24 fiscal year beginning on October 1 of that calendar setting 

25 forth— 


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1 ‘‘(1) the projected level of total Federal spend2 ing for the current year; 

3 ‘‘(2) the percentage point increase in the Con4 sumer Price Index over the 12-month period com5 prising the fiscal year before the current year; 

6 ‘‘(3) the total percentage point increase in pop7 ulation from July 1 of the second preceding fiscal 

8 year before the current year and July 1 of the fiscal 

9 year before the current year; 

10 ‘‘(4) the sum of the total percentage point in11 creases under paragraphs (2) and (3); and 

12 ‘‘(5) the projected level of total Federal spend13 ing for the budget year and the amount, if any, by 

14 which that spending would exceed the projected level 

15 of total Federal spending for the current year as ad16 justed by the sum of the total percentage point in17 creases under paragraphs (2) and (3). 

18 ‘‘(c) PREVIEW REPORT.—Not later than August 20 

19 of each calendar year, OMB shall prepare and have print20 ed in the Federal Register a preview report which shall 

21 set forth for the budget year the following: 

22 ‘‘(1) An up-to-date reestimate of all of the in23 formation set forth in the most recent report of 

24 OMB under subsection (b). 


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1 ‘‘(2) The estimated percentage point reduction 

2 that would be required in nonexempt spending ac3 counts in order to limit total Federal spending as set 

4 forth under paragraph (1). 

5 ‘‘(d) OMB FINAL SEQUESTRATION REPORT.—Not 

6 later than 15 days after Congress adjourns to end a ses7 sion, but after any sequestration under section 5 of the 

8 Statutory Pay-As-You-Go Act of 2010, OMB shall prepare 

9 and have printed in the Federal Register a final sequestra10 tion report which shall set forth for the budget year the 

11 following: 

12 ‘‘(1) An up-to-date reestimate of all of the in13 formation set forth in the most recent report of 

14 OMB under subsection (c), taking into account any 

15 sequestration under such section 5. 

16 ‘‘(2) The percentage point reduction that would 

17 be required in nonexempt spending accounts in order 

18 to limit total Federal spending as set forth under 

19 paragraph (1). 

20 ‘‘(3) The amount by which total Federal spend21 ing exceeds the permissible amount of such spending 

22 under this section. 

23 ‘‘(e) PRESIDENTIAL ORDER.—On the same day that 

24 OMB issues its final sequestration report, the President 

25 shall issue an order fully implementing without change all 


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1 sequestrations required by the OMB calculation set forth 

2 in that report. This order shall be effective on issuance. 

3 ‘‘(f) ADJUSTMENT FOR EMERGENCY SPENDING.—(1) 

4 If a provision is enacted as an emergency requirement that 

5 the Congress so designates in statute pursuant to this sub6 section, the amounts of new budget authority and outlays 

7 in all fiscal years resulting from that provision shall be 

8 treated as an emergency requirement for the purposes of 

9 this section. 

10 ‘‘(2) If a provision is designated as an emergency re11 quirement under this section, OMB shall not include the 

12 budgetary effects of such a provision in its estimates 

13 under this section. 

14 ‘‘(g) EXEMPTIONS.—The following shall be exempt 

15 from reduction under any order issued under this section: 

16 ‘‘(1) Payments for net interest. 

17 ‘‘(2) Any obligations of the Government re18 quired to be paid under the United States Constitu19 tion or legally contractual obligations.’’. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents set forth in section 250(a) of the Balanced Budget 

22 and Emergency Deficit Control Act of 1985 is amended 

23 by inserting after the item relating to section 253 the fol24 lowing new item: 

‘‘253A. Limitation on the growth of Federal spending.’’. 


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1 SEC. 3. ELIMINATION OF EXPIRATION DATE. 

2 Section 275(b) of the Balanced Budget and Emer3 gency Deficit Control Act of 1985 is repealed. 

4 SEC. 4. EFFECTIVE DATE. 

5 This Act and the amendments made by it shall apply 

6 to fiscal year 2012 and subsequent fiscal years. 

Æ 


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