[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3095 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3095
To reduce the deficit by establishing discretionary spending caps for
non-security spending.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 9, 2010
Mr. Inhofe (for himself, Mr. Barrasso, and Mr. Burr) introduced the
following bill; which was read twice and referred to the Committee on
the Budget
_______________________________________________________________________
A BILL
To reduce the deficit by establishing discretionary spending caps for
non-security spending.
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 ``Honest Expenditure Limitation
Program Act of 2010'' or the ``HELP Act''.
SEC. 2. EXPIRATION.
This Act shall expire at the end of fiscal year 2020.
TITLE I--CONGRESSIONAL NON-SECURITY DISCRETIONARY SPENDING LIMITS
SEC. 101. NON-SECURITY DISCRETIONARY SPENDING LIMITS.
(a) In General.--Title III of the Congressional Budget Act of 1974
is amended by inserting at the end the following:
``non-security discretionary spending limits
``Sec. 316. (a) Non-security Discretionary Spending Limits.--It
shall not be in order in the House of Representatives or the Senate to
consider any bill, joint resolution, amendment, or conference report
that includes any provision that would cause the non-security
discretionary spending limits as set forth in subsection (b) to be
exceeded.
``(b) Limits.--The non-security discretionary spending limits are
as follows:
``(1) For fiscal years 2011 through 2015, the spending
level for such spending in fiscal year 2010 reduced each year
thereafter on a pro rata basis so that the level for fiscal
year 2015 does not exceed the level for fiscal year 2008.
``(2) For fiscal years 2016 through 2020, the spending
level for fiscal year 2015.
``(c) Non-security Spending.--In this section, the term `non-
security discretionary spending' means discretionary spending other
than spending for the Department of Defense, homeland security
activities, intelligence related activities within the Department of
State, the Department of Veterans Affairs, and national security
related activities in the Department of Energy.
``(d) Limitations on Changes to This Section.--It shall not be in
order in the Senate or the House of Representatives to consider any
bill, resolution, amendment, or conference report that would--
``(1) repeal or otherwise change this section; or
``(2) exempt any new budget authority, outlays, and
receipts from being counted for purposes of this section.
``(e) Point of Order in the Senate.--
``(1) Waiver.--The provisions of this section shall be
waived or suspended in the Senate only--
``(A) by the affirmative vote of two-thirds of the
Members, duly chosen and sworn; or
``(B) in the case of the defense budget authority,
if Congress declares war or authorizes the use of
force.
``(2) Appeal.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this section shall be
limited to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of the measure. An
affirmative vote of two-thirds of the Members of the Senate,
duly chosen and sworn, shall be required to sustain an appeal
of the ruling of the Chair on a point of order raised under
this section.''.
(b) Table of Contents.--The table of contents set forth in 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. Non-security discretionary spending limits.''.
TITLE II--STATUTORY NON-SECURITY DISCRETIONARY SPENDING LIMITS
Subtitle A--Definitions, Administration, and Sequestration
SEC. 211. DEFINITIONS.
In this title:
(1) Account.--The term ``account'' means--
(A) for discretionary budget authority, an item for
which appropriations are made in any appropriation Act;
and
(B) for items not provided for in appropriation
Acts, direct spending and outlays therefrom identified
in the program and finance schedules contained in the
appendix to the Budget of the United States for the
current year.
(2) Breach.--The term ``breach'' means, for any fiscal
year, the amount by which discretionary budget authority
enacted for that year exceeds the spending limit for budget
authority for that year.
(3) Budget authority; new budget authority; and outlays.--
The terms ``budget authority'', ``new budget authority'', and
``outlays'' have the meanings given to such terms in section 3
of the Congressional Budget and Impoundment Control Act of 1974
(2 U.S.C. 622).
(4) Budget year.--The term ``budget year'' means, with
respect to a session of Congress, the fiscal year of the
Government that starts on October 1 of the calendar year in
which that session begins.
(5) CBO.--The term ``CBO'' means the Director of the
Congressional Budget Office.
(6) Current.--The term ``current'' means--
(A) with respect to the Office of Management and
Budget estimates included with a budget submission
under section 1105(a) of title 31, United States Code,
the estimates consistent with the economic and
technical assumptions underlying that budget;
(B) with respect to estimates made after that
budget submission that are not included with it, the
estimates consistent with the economic and technical
assumptions underlying the most recently submitted
President's budget; and
(C) with respect to the Congressional Budget
Office, estimates consistent with the economic and
technical assumptions as required by section 202(e)(1)
of the Congressional Budget Act of 1974.
(7) Current year.--The term ``current year'' means, with
respect to a budget year, the fiscal year that immediately
precedes that budget year.
(8) Discretionary appropriations and discretionary budget
authority.--The terms ``discretionary appropriations'' and
``discretionary budget authority'' shall have the meaning given
such terms in section 3(4) of the Congressional Budget Act of
1974.
(9) Non-security discretionary spending limit.--The term
``non-security discretionary spending limit'' shall mean the
amounts specified in section 222.
(10) OMB.--The term ``OMB'' means the Director of the
Office of Management and Budget.
(11) Sequestration.--The term ``sequestration'' means the
cancellation or reduction of budget authority (except budget
authority to fund mandatory programs) provided in appropriation
Acts.
SEC. 212. ADMINISTRATION AND EFFECT OF SEQUESTRATION.
(a) Timetable.--The timetable with respect to this title is as
follows:
On or before: Action to be completed:
5 days before the President's budget CBO Discretionary Sequestration Preview Report.
submission required under section 1105
of title 31, United States Code.
The President's budget submission....... OMB Discretionary Sequestration Preview Report.
10 days after end of session............ CBO Final Discretionary Sequestration Report.
15 days after end of session............ OMB Final Discretionary Sequestration/Presidential Sequestration
Order.
(b) Presidential Order.--
(1) In general.--On the date specified in subsection (a),
if in its Final Sequestration Report, OMB estimates that any
sequestration is required, the President shall issue an order
fully implementing without change all sequestrations required
by the OMB calculations set forth in that report. This order
shall be effective on issuance.
(2) Special rule.--If the date specified for the submission
of a Presidential order under subsection (a) falls on a Sunday
or legal holiday, such order shall be issued on the following
day.
(c) Effects of Sequestration.--The effects of sequestration shall
be as follows:
(1) Budgetary resources sequestered from any account shall
be permanently cancelled, except as provided in paragraph (5).
(2) Except as otherwise provided, the same percentage
sequestration shall apply to all programs, projects, and
activities within a budget account (with programs, projects,
and activities as delineated in the appropriation Act or
accompanying report for the relevant fiscal year covering that
account).
(3) Administrative regulations or similar actions
implementing a sequestration shall be made within 120 days of
the sequestration order. To the extent that formula allocations
differ at different levels of budgetary resources within an
account, program, project, or activity, the sequestration shall
be interpreted as producing a lower total appropriation, with
the remaining amount of the appropriation being obligated in a
manner consistent with program allocation formulas in
substantive law.
(4) Except as otherwise provided in this part, obligations
or budgetary resources in sequestered accounts shall be reduced
only in the fiscal year in which a sequester occurs.
(5) Budgetary resources sequestered in special fund
accounts and offsetting collections sequestered in
appropriation accounts shall not be available for obligation
during the fiscal year in which the sequestration occurs, but
shall be available in subsequent years to the extent otherwise
provided in law.
(d) Submission and Availability of Reports.--Each report required
by this section shall be submitted, in the case of CBO, to the House of
Representatives, the Senate, and OMB and, in the case of OMB, to the
House of Representatives, the Senate, and the President on the day it
is issued. On the following day a notice of the report shall be printed
in the Federal Register.
Subtitle B--Non-security Discretionary Spending Limits
SEC. 221. DISCRETIONARY SEQUESTRATION REPORTS.
(a) Discretionary Sequestration Preview Reports.--
(1) Reporting requirement.--On the dates specified in
section 212(a), OMB shall report to the President and Congress
and CBO shall report to Congress a Discretionary Sequestration
Preview Report regarding discretionary sequestration based on
laws enacted through those dates.
(2) Discretionary.--The Discretionary Sequestration Preview
Report shall set forth estimates for the current year and each
subsequent year through 2014 of the applicable discretionary
spending limits and a projection of budget authority exceeding
discretionary limits subject to sequester.
(3) Explanation of differences.--The OMB reports shall
explain the differences between OMB and CBO estimates for each
item set forth in this subsection.
(b) Discretionary Sequestration Reports.--On the dates specified in
section 212(a), OMB and CBO shall issue Discretionary Sequestration
Reports, reflecting laws enacted through those dates, containing all of
the information required in the Discretionary Sequestration Preview
Reports.
(c) Final Discretionary Sequestration Reports.--
(1) Reporting requirements.--On the dates specified in
section 212(a), OMB and CBO shall each issue a Final
Discretionary Sequestration Report, updated to reflect laws
enacted through those dates.
(2) Discretionary spending.--The Final Discretionary
Sequestration Reports shall set forth estimates for each of the
following:
(A) For the current year and each subsequent year
through 2014; the applicable discretionary spending
limits.
(B) For the current year, if applicable, and the
budget year; the new budget authority and the breach,
if any.
(C) The sequestration percentages necessary to
eliminate the breach.
(D) For the budget year, for each account to be
sequestered, the level of enacted, sequesterable budget
authority and resulting estimated outlays flowing
therefrom.
(3) Explanation of differences.--The OMB report shall
explain--
(A) any differences between OMB and CBO estimates
for the amount of any breach and for any required
discretionary sequestration percentages; and
(B) differences in the amount of sequesterable
resources for any budget account to be reduced if such
difference is greater than $5,000,000.
(d) Economic and Technical Assumptions.--In all reports required by
this section, OMB shall use the same economic and technical assumptions
as used in the most recent budget submitted by the President under
section 1105(a) of title 31, United States Code.
SEC. 222. LIMITS.
(a) Discretionary Spending Limits.--As used in this title, the term
``non-security discretionary spending limit'' shall have the same
meaning as in section 316 of the Congressional Budget Act of 1974.
(b) Enforcement.--
(1) Sequestration.--On the date specified in section
212(a), there shall be a sequestration to eliminate a budget-
year breach.
(2) Eliminating a breach.--Each non-security discretionary
account shall be reduced by a dollar amount calculated by
multiplying the enacted level of budget authority for that year
in that account at that time by the uniform percentage
necessary to eliminate a breach of the discretionary spending
limit.
(3) Part-year appropriations.--If, on the date the report
is issued under paragraph (1), there is in effect an Act making
continuing appropriations for part of a fiscal year for any
budget account, then the dollar sequestration calculated for
that account under paragraph (2) shall be subtracted from--
(A) the annualized amount otherwise available by
law in that account under that or a subsequent part-
year appropriation; and
(B) when a full-year appropriation for that account
is enacted, from the amount otherwise provided by the
full-year appropriation.
(4) Look-back.--If, after June 30, an appropriation for the
fiscal year in progress is enacted that causes a breach for
that year (after taking into account any previous
sequestration), the discretionary spending limit for the next
fiscal year shall be reduced by the amount of that breach.
(5) Within-session sequestration reports and order.--If an
appropriation for a fiscal year in progress is enacted (after
Congress adjourns to end the session for that budget year and
before July 1 of that fiscal year) that causes a breach, 10
days later CBO shall issue a report containing the information
required in section 221(c). Fifteen days after enactment, OMB
shall issue a report containing the information required in
section 221(c). On the same day as the OMB report, the
President shall issue an order fully implementing without
change all sequestrations required by the OMB calculations set
forth in that report. This order shall be effective on
issuance.
(c) Estimates.--
(1) CBO estimates.--As soon as practicable after Congress
completes action on any legislation providing discretionary
appropriations, CBO shall provide an estimate to OMB of that
legislation.
(2) OMB estimates.--Not later than 7 calendar days
(excluding Saturdays, Sundays, and legal holidays) after the
date of enactment of any discretionary appropriations, OMB
shall transmit a report to the Senate and to the House of
Representatives containing--
(A) the CBO estimate of that legislation;
(B) an OMB estimate of that legislation using
current economic and technical assumptions; and
(C) an explanation of any difference between the 2
estimates.
(3) Differences.--If during the preparation of the report
under paragraph (2), OMB determines that there is a difference
between the OMB and CBO estimates, OMB shall consult with the
Committees on the Budget of the House of Representatives and
the Senate regarding that difference and that consultation, to
the extent practicable, shall include written communication to
such committees that affords such committees the opportunity to
comment before the issuance of that report.
(4) Assumptions and guidelines.--OMB and CBO shall prepare
estimates under this paragraph in conformance with scorekeeping
guidelines determined after consultation among the House and
Senate Committees on the Budget, CBO, and OMB.
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