Federal
Maximizing America’s Prosperity Act of 2021
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I
117TH CONGRESS
1ST SESSION H. R. 2675
To cap noninterest Federal spending as a percentage of potential GDP to
right-size the Government, grow the economy, and balance the budget.
IN THE HOUSE OF REPRESENTATIVES
APRIL 20, 2021
Mr. BRADY (for himself, Mr. HERN, Mr. BANKS, Mr. CRENSHAW, Mr. WIL-
LIAMS of Texas, Mr. WEBER of Texas, Mr. ARRINGTON, Mr. CAWTHORN,
Mr. JACKSON, Mr. GOODEN of Texas, Mr. ESTES, Mr. TAYLOR, Mr.
MCCAUL, and Mr. SESSIONS) introduced the following bill; which was re-
ferred 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 jurisdic-
tion of the committee concerned
A BILL
To cap noninterest Federal spending as a percentage of
potential GDP to right-size the Government, grow the
economy, and balance the budget.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This title may be cited as the ‘‘Maximizing America’s
4
Prosperity Act of 2021’’.
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•HR 2675 IH
SEC. 2. TOTAL SPENDING LIMITS.
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(a) TOTAL SPENDING LIMITS.—Section 251 of the
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Balanced Budget and Emergency Deficit Control Act of
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1985 (2 U.S.C. 901) is amended to read as follows:
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‘‘SEC. 251. TOTAL SPENDING LIMITS.
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‘‘(a) PROJECTIONS.—
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‘‘(1) OMB REPORT.—OMB shall prepare a re-
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port comparing projected total spending under sec-
8
tion 257 and the total spending limits in subsection
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(c), and include such report in the budget as sub-
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mitted by the President annually under section
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1105(a) of title 31, United States Code.
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‘‘(2) CBO REPORT.—CBO shall prepare a re-
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port comparing projected total spending under sec-
14
tion 257 and the total spending limits in subsection
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(c), and include such report in the CBO annual
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baseline and reestimate of the President’s budget.
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‘‘(3) INCLUSION IN SPENDING REDUCTION OR-
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DERS.—Reports prepared pursuant to this sub-
19
section shall be included in a spending reduction
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order issued under subsection (b).
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‘‘(b) SPENDING REDUCTION ORDER.—
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‘‘(1) IN GENERAL.—Within 15 calendar days
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after Congress adjourns to end a session, there shall
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be a spending reduction order under section
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254(f)(4).
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•HR 2675 IH
‘‘(2) CALCULATION
OF
SPENDING
REDUC-
1
TION.—Subject to paragraph (3), each non-exempt
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budget account shall be reduced by a dollar amount
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calculated by multiplying the enacted level of
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sequestrable budgetary resources in that account at
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that time by the uniform percentage necessary to
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achieve the required automatic spending reduction.
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‘‘(3) LIMITATION ON REDUCTION.—No budget
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account shall be subject to a spending reduction of
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more than 5 percent of the budgetary resources of
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the budget account.
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‘‘(c) FISCAL YEARS OF THE TOTAL SPENDING PE-
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RIOD.—The total spending limit for each fiscal year shall
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be as follows:
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‘‘(1) Fiscal year 2022: 18.9 percent of potential
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GDP.
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‘‘(2) Fiscal year 2023: 18.6 percent of potential
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GDP.
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‘‘(3) Fiscal year 2024: 18.2 percent of potential
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GDP.
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‘‘(4) Fiscal year 2025: 18.4 percent of potential
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GDP.
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‘‘(5) Fiscal year 2026: 18.4 percent of potential
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GDP.
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•HR 2675 IH
‘‘(6) Fiscal year 2027: 18.2 percent of potential
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GDP.
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‘‘(7) Fiscal year 2028: 18.6 percent of potential
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GDP.
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‘‘(8) Fiscal year 2029: 17.9 percent of potential
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GDP.
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‘‘(9) Fiscal year 2030: 17.7 percent of potential
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GDP.
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‘‘(10) Fiscal year 2031 and subsequent fiscal
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years: 17.5 percent of potential GDP.
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‘‘(d) REDUCTION FOR UNFUNDED FEDERAL MAN-
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DATES.—The amount determined under subsection (c)
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with respect to each fiscal year shall be reduced by an
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amount equal to the amount of the unfunded direct costs
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with respect to such fiscal year of Federal mandates (as
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such terms are defined in section 421 of the Congressional
16
Budget Act of 1974 (2 U.S.C. 658)) enacted after the date
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of the enactment of the Maximizing America’s Prosperity
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Act of 2021. Such amount shall not be treated as being
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less than zero with respect to any fiscal year.’’.
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(b) DEFINITIONS.—Section 250(c) of the Balanced
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Budget and Emergency Deficit Control Act of 1985 (2
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U.S.C. 900(c)) is amended by adding at the end the fol-
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lowing:
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•HR 2675 IH
‘‘(22)(A) The term ‘total spending’ means all
1
budget authority and outlays of the Government ex-
2
cluding net interest.
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‘‘(B) The term ‘total spending limit’ means the
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maximum permissible total spending of the Govern-
5
ment set forth as a percentage of estimated potential
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GDP specified in section 251(c).
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‘‘(23) The term ‘potential GDP’ means the
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gross domestic product that would occur if the econ-
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omy were at full employment, not exceeding the em-
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ployment level at which inflation would accelerate.’’.
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(c) CONFORMING AMENDMENTS.—Part C of the Bal-
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anced Budget and Emergency Deficit Control Act of 1985
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(2 U.S.C. 900 et seq.) is amended—
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(1) in section 254 (2 U.S.C. 904)—
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(A) in subsection (a), in the table, by in-
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serting ‘‘and spending reduction’’ after ‘‘seques-
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tration’’ each place it appears;
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(B) in subsection (c)—
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(i) in the subsection heading, by in-
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serting ‘‘AND
SPENDING
REDUCTION’’
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after ‘‘SEQUESTRATION’’;
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(ii) in paragraph (1), by striking ‘‘dis-
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cretionary, pay-as-you-go, and deficit se-
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questration’’ and inserting ‘‘pay-as-you-go
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•HR 2675 IH
and deficit sequestration and regarding
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spending reduction’’; and
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(iii) by striking paragraph (2) and in-
3
serting the following:
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‘‘(2) SPENDING REDUCTION REPORT.—The pre-
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view reports shall set forth for the budget year esti-
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mates for each of the following:
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‘‘(A) Estimated total spending.
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‘‘(B) Estimate of potential GDP.
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‘‘(C) The spending reduction necessary to
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comply with the total spending limit under sec-
11
tion 251(c).’’;
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(C) in subsection (e)—
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(i) in the subsection heading, by in-
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serting ‘‘AND
SPENDING
REDUCTION’’
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after ‘‘SEQUESTRATION’’; and
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(ii) by inserting ‘‘and spending reduc-
17
tion’’ after ‘‘sequestration’’ each place it
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appears; and
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(D) in subsection (f)—
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(i) in the subsection heading, by in-
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serting ‘‘AND
SPENDING
REDUCTION’’
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after ‘‘SEQUESTRATION’’;
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•HR 2675 IH
(ii) in paragraph (1), by inserting
1
‘‘and spending reduction’’ after ‘‘sequestra-
2
tion’’;
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(iii) by striking paragraph (2);
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(iv) by redesignating paragraphs (3),
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(4), and (5) as paragraphs (2), (3), and
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(4), respectively; and
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(v) in paragraph (2), as so redesig-
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nated—
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(I) in the heading, by inserting
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‘‘AND SPENDING REDUCTION ’’ before
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‘‘ REPORTS’’;
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(II) in the first sentence, by in-
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serting ‘‘spending reduction report’’
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after ‘‘preview reports’’; and
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(III) by striking the second sen-
16
tence and inserting the following: ‘‘In
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addition, these reports shall contain,
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for the budget year, for each account
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to be sequestered or subject to a
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spending reduction, as the case may
21
be, estimates of the baseline level of
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sequestrable or reducible budgetary
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resources and resulting outlays and
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the amount of budgetary resources to
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•HR 2675 IH
be sequestered or reduced and result-
1
ing outlay reductions.’’;
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(vi) in paragraph (3), as so redesig-
3
nated, by striking ‘‘sequesterable’’ and in-
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serting ‘‘sequestrable or reducible’’; and
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(vii) in paragraph (4), as so redesig-
6
nated—
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(I) by inserting ‘‘or spending re-
8
duction’’ after ‘‘final sequestration’’;
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(II) by inserting ‘‘or spending re-
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duction’’ before ‘‘is required’’; and
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(III) by inserting ‘‘or spending
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reductions, as the case may be,’’ after
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‘‘sequestrations’’;
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(2) in section 257(a) (2 U.S.C. 907(a)), by in-
15
serting ‘‘total spending,’’ after ‘‘outlays,’’; and
16
(3)
in
section
258C(a)(1)
(2
U.S.C.
17
907d(a)(1))—
18
(A) by inserting ‘‘or spending reduction’’
19
after ‘‘sequestration’’ each place the term ap-
20
pears; and
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(B) by striking ‘‘252 or 253’’ and inserting
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‘‘251, 252, or 253’’.
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(d) TABLE OF CONTENTS.—The table of contents in
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section 250(a) of the Balanced Budget and Emergency
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•HR 2675 IH
Deficit Control Act of 1985 (2 U.S.C. 900(a)) is amended
1
by striking the item relating to section 251 and inserting
2
the following:
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‘‘Sec. 251. Total spending limits.’’.
SEC. 3. ALLOCATION FOR EMERGENCIES.
4
(a) IN GENERAL.—Section 302(a) of the Congres-
5
sional Budget Act of 1974 (2 U.S.C. 633(a)) is amended
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by adding at the end the following new paragraph:
7
‘‘(6) ALLOCATION TO THE COMMITTEES ON AP-
8
PROPRIATIONS FOR EMERGENCIES.—Of the amounts
9
of new budget authority and outlays allocated to the
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Committees on Appropriations for the first fiscal
11
year of the concurrent resolution on the budget, 1
12
percent shall be designated as for emergencies and
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may be used for no other purpose.’’.
14
(b)
BUDGET
OF
THE
PRESIDENT.—Section
15
1105(a)(14) of title 31, United States Code, is amended
16
by inserting ‘‘, including an amount for emergency spend-
17
ing not less than 1 percent of all discretionary spending
18
for that year’’ before the period.
19
SEC. 4. PRESIDENT’S BUDGET SUBMISSIONS TO CONGRESS.
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Section 1105 of title 31, United States Code, is
21
amended by adding at the end the following new sub-
22
section:
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‘‘(i)(1) The budget transmitted pursuant to sub-
24
section (a) shall be in compliance with the statutory cap
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•HR 2675 IH
on Federal spending set forth in the Maximizing Amer-
1
ica’s Prosperity Act of 2021.
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‘‘(2) Any budget transmitted pursuant to subsection
3
(a) or paragraph (1) for a fiscal year shall include a
4
prioritization of spending (as described in section
5
256(a)(2) of the Balanced Budget and Emergency Deficit
6
Control Act of 1985), by ranking all programs, projects,
7
and activities of the Government in five categories from
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the—
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‘‘(A) vital to the general welfare and requires
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national policy;
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‘‘(B) important to the general welfare and re-
12
quires national policy;
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‘‘(C) important to the general welfare and bene-
14
fits from national policy;
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‘‘(D) advances the general welfare and can
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largely be accomplished by non-Federal entities; and
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‘‘(E) does not clearly advance the general wel-
18
fare and may be unsuited for national policy;
19
with not less than 12 percent of total spending falling into
20
any one category.’’.
21
SEC. 5. CONCURRENT RESOLUTIONS ON THE BUDGET.
22
(a) IN GENERAL.—Section 312 of the Congressional
23
Budget Act of 1974 is amended by adding at the end the
24
following new subsection:
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•HR 2675 IH
‘‘(g) STATUTORY CAP ON TOTAL FEDERAL SPEND-
1
ING POINT OF ORDER.—It shall not be in order in the
2
House of Representatives or the Senate to consider any
3
concurrent resolution on the budget that sets forth total
4
Federal outlays for any fiscal year in excess of those set
5
forth for that fiscal year in section 252A of the Balanced
6
Budget and Emergency Deficit Control Act of 1985.’’.
7
(b) CONFORMING AMENDMENT.—Subsections (c)(2)
8
and (d)(3) of section 904 of the Congressional Budget Act
9
of 1974 are each amended by striking ‘‘and 312(c)’’ and
10
inserting ‘‘312(c), and 312(g)’’.
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Æ
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