Nickel Plan Act

Subjects: Economics and Public Finance, Appropriations, Budget deficits and national debt, Budget process, Congressional oversight, Government studies and investigations, Legislative rules and procedure

Summary:  <p><strong>Nickel Plan Act</strong></p> <p>This bill modifies the federal budget process to establish and enforce new spending caps. </p> <p>The bill establishes an outlay cap (less net interest payments) for FY2024 of $5.953 trillion, less 5%. For each year from FY2025-FY2027, the outlay cap is 5% less than the previous year's outlay cap.</p> <p>For FY2028 and subsequent years, total outlays (including net interest payments) may not exceed 17.5% of the gross domestic product (GDP) for that year as estimated by the Office of Management and Budget (OMB). Beginning in FY2029, total projected outlays for any year may not be less than the total projected outlays for the preceding year. </p> <p>The OMB must enforce the spending caps using a sequester to eliminate any excess spending through automatic cuts. The bill eliminates the existing exemptions from sequestration. </p> <p>If the OMB projects a sequester, the congressional budget committees may report a resolution directing congressional committees to change existing law to achieve the spending reductions necessary to meet the outlay limits. </p> <p>The bill also establishes procedures for Congress to enforce the outlay caps established by this bill.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 260 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 260

   To prevent a fiscal crisis by enacting legislation to balance the 
   Federal budget through reductions of discretionary and mandatory 
                   spending, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 10, 2023

Mr. Good of Virginia (for himself, Mr. Perry, and Mr. Moore of Alabama) 
 introduced the following bill; which was referred to the Committee on 
the Budget, and in addition to the Committee on Rules, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To prevent a fiscal crisis by enacting legislation to balance the 
   Federal budget through reductions of discretionary and mandatory 
                   spending, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nickel Plan Act''.

SEC. 2. ESTABLISHMENT AND ENFORCEMENT OF SPENDING CAPS.

    (a) Outlay Caps.--The Balanced Budget and Emergency Deficit Control 
Act of 1985 (2 U.S.C. 900 et seq.) is amended by inserting after 
section 253 the following:

``SEC. 253A. ESTABLISHING OUTLAY CAPS.

    ``(a) Outlay Caps.--In this section, the term `outlay cap' means:
            ``(1) Fiscal year 2024.--For fiscal year 2024, total 
        outlays (less net interest payments) shall be not more than 
        $5,952,871,000,000, less 5 percent.
            ``(2) Fiscal year 2025.--For fiscal year 2025, total 
        outlays (less net interest payments) shall be not more than the 
        amount computed under paragraph (1), less 5 percent.
            ``(3) Fiscal year 2026.--For fiscal year 2026, total 
        outlays (less net interest payments) shall be not more than the 
        amount computed under paragraph (2), less 5 percent.
            ``(4) Fiscal year 2027.--For fiscal year 2027, total 
        outlays (less net interest payments) shall be not more than the 
        amount computed under paragraph (3), less 5 percent.
            ``(5) Fiscal year 2028 and subsequent fiscal years.--
                    ``(A) In general.--For fiscal year 2028 and each 
                fiscal year thereafter, total outlays (including net 
                interest payments) shall be not more than 17.5 percent 
                of the gross domestic product for that fiscal year, as 
                estimated by the Office of Management and Budget prior 
                to March of the previous fiscal year.
                    ``(B) Limitation.--Notwithstanding subparagraph 
                (A), for any fiscal year beginning with fiscal year 
                2029, total projected outlays may not be less than 
                total projected outlays for the preceding fiscal year.
    ``(b) Sequestration.--
            ``(1) In general.--
                    ``(A) Excess spending.--Not later than 45 calendar 
                days after the beginning of a fiscal year, the Office 
                of Management and Budget shall prepare and the 
                President shall order a sequestration to eliminate any 
                excess outlay amount.
                    ``(B) Definitions.--
                            ``(i) Fiscal years 2024 through 2027.--For 
                        each of fiscal years 2024 through 2027 and for 
                        purposes of this subsection, the term `excess 
                        outlay amount' means the amount by which total 
                        projected Federal outlays (less net interest 
                        payments) for a fiscal year exceeds the outlay 
                        cap for that fiscal year.
                            ``(ii) Fiscal year 2028 and subsequent 
                        fiscal years.--For fiscal year 2028 and each 
                        fiscal year thereafter and for purposes of this 
                        subsection, the term `excess outlay amount' 
                        means the amount by which total projected 
                        Federal outlays for a fiscal year exceeds the 
                        outlay cap for that fiscal year.
            ``(2) Sequestration.--
                    ``(A) CBO preview report.--On August 15 of each 
                year, the Congressional Budget Office shall issue a 
                sequestration preview report as described in section 
                254(c)(4).
                    ``(B) OMB preview report.--On August 20 of each 
                year, the Office of Management and Budget shall issue a 
                sequestration preview report as described in section 
                254(c)(4).
                    ``(C) Final report.--On October 31 of each year, 
                the Office of Management and Budget shall issue a final 
                sequestration report as described in section 254(f)(3), 
                which shall be accompanied by a Presidential order 
                detailing spending reductions equal to the excess 
                outlay amount.
                    ``(D) Process.--The reductions shall generally 
                follow the process set forth in sections 253 and 254, 
                except as provided in this section.
            ``(3) Congressional action.--If the August 20 report by the 
        Office of Management and Budget projects a sequestration, the 
        Committee on the Budget of the Senate and the Committee on the 
        Budget of the House of Representatives may report a resolution 
        directing committees of their House to change the existing law 
        to achieve the spending reductions outlined in the August 20 
        report necessary to meet the outlay limits.
    ``(c) No Exempt Programs.--Section 255 and section 256 shall not 
apply to this section or any sequestration order issued under this 
section.
    ``(d) Look Back.--If, after October 31, a bill resulting in outlays 
for the fiscal year in progress is enacted that causes excess outlays, 
the excess outlay amount for the next fiscal year shall be increased by 
the amount or amounts of that breach.''.
    (b) Conforming Amendments to BBEDCA.--
            (1) Sequestration preview reports.--Section 254(c)(4) of 
        the Balanced Budget and Emergency Deficit Control Act of 1985 
        (2 U.S.C. 904(c)(4)) is amended to read as follows:
            ``(4) Outlay cap sequestration reports.--The preview 
        reports shall set forth for the budget year estimates for the 
        following:
                    ``(A)(i) For each of budget years 2023 through 
                2027, total projected outlays (less net interest 
                payments), less five percent.
                    ``(ii) For budget year 2028 and each subsequent 
                budget year, the estimated gross domestic product for 
                that budget year.
                    ``(B) The amount of reductions required under 
                section 253A.
                    ``(C) The sequestration percentage necessary to 
                achieve the required reduction under section 253A.''.
            (2) Final sequestration reports.--Section 254(f)(3) of the 
        Balanced Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C. 904(f)(3)) is amended to read as follows:
            ``(3) Outlay caps sequestration reports.--The final reports 
        shall contain all the information required in the outlay cap 
        sequestration preview reports. In addition, these reports shall 
        contain, for the budget year, for each account to be 
        sequestered, estimates of the baseline level of sequestrable 
        budgetary resources and resulting outlays and the amount of 
        budgetary sources to be sequestered and result in outlay 
        reductions. The reports shall also contain estimates of the 
        effects on outlays on the sequestration of each outyear for 
        direct spending programs.''.
    (c) Enforcement.--Title III of the Congressional Budget Act of 1974 
(2 U.S.C. 631 et seq.) is amended by adding after section 315 the 
following:

``SEC. 316. ENFORCEMENT PROCEDURES.

    ``(a) Outlay Caps.--It shall not be in order in the House of 
Representatives or the Senate to consider any bill, joint resolution, 
amendment, amendment between the Houses, or conference report that 
includes any provision that would cause the most recently reported, 
current outlay cap set forth in section 253A of the Balanced Budget and 
Emergency Deficit Control Act of 1985 to be breached or increased.
    ``(b) Waiver or Suspension.--
            ``(1) In the senate.--The provisions of this section may be 
        waived or suspended in the Senate only by the affirmative vote 
        of two-thirds of the Members, duly chosen and sworn.
            ``(2) In the house.--The provisions of this section may be 
        waived or suspended in the House of Representatives only by a 
        rule or order proposing only to waive such provisions by an 
        affirmative vote of two-thirds of the Members, duly chosen and 
        sworn.
    ``(c) Point of Order Protection.--In the House, it shall not be in 
order to consider a rule or order that waives the application of 
paragraph (2) of subsection (b).
    ``(d) Motion To Suspend.--It shall not be in order for the Speaker 
to entertain a motion to suspend the application of this section under 
clause 1 of rule XV.''.

SEC. 3. CONFORMING AMENDMENTS.

    The table of contents set forth in--
            (1) section 1(b) of the Congressional Budget and 
        Impoundment Control Act of 1974 is amended by inserting after 
        the item relating to section 315 the following new item:

``Sec. 316. Enforcement procedures.'';
        and
            (2) section 250(a) of the Balanced Budget and Emergency 
        Deficit Control Act of 1985 is amended by inserting after the 
        item relating to section 253 the following new item:

``Sec. 253A. Establishing outlay caps.''.

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply to fiscal 
year 2023 and each fiscal year thereafter, including any reports and 
calculations required for implementation in fiscal year 2023.
                                 &lt;all&gt;
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