Values for America · Brief for congressional offices
To the office of U.S. Representative W. Gregory Steube
Fiscal Responsibility and Emergency Flexibility Act
The measure, as described from the official record: Require that any new legislation that increases the deficit (through spending increases or revenue reductions) be offset by equivalent spending cuts or revenue increases, ensuring deficit neutrality over a specified budget window.
The proposal
Operative provisions (VFA proposal)
- funding source
- Existing appropriations for the Congressional Budget Office and the Office of Management and Budget; no additional funding required.
- funding amount
- No new appropriation; oversight costs absorbed within current budgets.
- sunset years
- 5 years
- oversight body
- Joint CBO-OMB Deficit Monitoring Committee, reporting quarterly to the House Budget Committee and Senate Budget Committee.
- enforcement mechanism
- Automatic sequestration of non-exempt mandatory spending by OMB if net deficit increase exceeds zero at end of each session; judicial review limited to constitutional challenges.
- effective date
- January 1, 2025, for all legislation introduced after that date.
Constitutional basis
- Article I, Section 8, Clause 2 (borrowing power)
- Article I, Section 9, Clause 7 (appropriations power)
- Article II, Section 3 (executive discretion and duty to take care that laws be faithfully executed)
- Tenth Amendment (reserving to states and people powers not delegated)
Concerns with the measure as written:
- Potential infringement on executive discretion under Article II, Section 3 if no waiver exists for national emergencies or essential governmental functions.
- Risk of binding future Congresses in a manner that could impair their ability to respond to unforeseen circumstances, though each Congress retains the power to amend or repeal.
Why both sides can back it (VFA’s assessment)
Honors Democratic priorities by protecting social programs (Social Security, veterans' benefits) from sequestration and allowing emergency spending without offsets via a presidential waiver or supermajority vote. Honors Republican priorities by enforcing deficit neutrality as a default rule, requiring offsets for new spending or tax cuts, and including a sunset to prevent permanent fiscal constraints.
Values for America is a nonpartisan, constitution-first SI think tank. This brief is informational. It is a policy proposal, not law, and it does not support or oppose any candidate or party. Full analysis and sources: https://www.valuesforamerica.com/solutions/257 · Methodology: https://www.valuesforamerica.com/methodology