[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 718 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 718
To establish the Federal Rainy Day Fund to control emergency spending.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2023
Mr. Braun introduced the following bill; which was read twice and
referred to the Committee on the Budget
_______________________________________________________________________
A BILL
To establish the Federal Rainy Day Fund to control emergency spending.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATIONS ON EMERGENCY SPENDING.
(a) Definitions.--In this section--
(1) the term ``discretionary spending limit'' has the
meaning given that term in section 250(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c));
(2) the term ``emergency'' means any occasion or instance
for which Federal assistance is needed to supplement State and
local efforts and capabilities to save lives and to protect
property and public health and safety, or to lessen or avert
the threat of a catastrophe in any part of the United States;
(3) the term ``Fund'' means the Federal Rainy Day Fund
established under subsection (c)(1); and
(4) the term ``previous year's nonemergency discretionary
spending'' means the amount of the discretionary spending limit
for all categories for the most recent previous fiscal year for
which there was a discretionary spending limit, excluding any
adjustment for the fiscal year for amounts designated as being
for an emergency requirement under section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 901(b)(2)(A)(i)), as in effect on the day before the
date of enactment of this Act.
(b) Sense of the Senate.--It is the sense of the Senate that saving
for a rainy day should be accompanied by offsets in other programs so
that the Federal Government does not live beyond its means.
(c) Federal Rainy Day Fund.--
(1) Establishment.--There is established in the Treasury an
account to be known as the ``Federal Rainy Day Fund''.
(2) Funding.--For fiscal year 2024 and each fiscal year
thereafter, there is authorized to be appropriated to the Fund
an amount equal to 2 percent of the amount of previous year's
nonemergency discretionary spending.
(3) Availability.--Amounts in the Fund shall remain
available until expended, in accordance with subsection (d).
(d) Use of Federal Rainy Day Fund.--
(1) Prohibition on using federal rainy day fund for
nonemergencies.--
(A) Point of order against use for
nonemergencies.--
(i) In general.--In the Senate, it shall
not be in order to consider a provision in a
bill, joint resolution, motion, amendment,
amendment between the Houses, or conference
report that appropriates funds from the Federal
Rainy Day Fund for any program, project, or
activity that is not an emergency.
(ii) Point of order sustained.--If a point
of order is made by a Senator against a
provision described in clause (i), and the
point of order is sustained by the Chair, that
provision shall be stricken from the measure
and may not be offered as an amendment from the
floor.
(B) Form of the point of order.--A point of order
under subparagraph (A)(i) may be raised by a Senator as
provided in section 313(e) of the Congressional Budget
Act of 1974 (2 U.S.C. 644(e)).
(C) Conference reports.--When the Senate is
considering a conference report on, or an amendment
between the Houses in relation to, a bill or joint
resolution, upon a point of order being made by any
Senator pursuant to subparagraph (A)(i), and such point
of order being sustained, such material contained in
such conference report or House amendment shall be
stricken, and the Senate shall proceed to consider the
question of whether the Senate shall recede from its
amendment and concur with a further amendment, or
concur in the House amendment with a further amendment,
as the case may be, which further amendment shall
consist of only that portion of the conference report
or House amendment, as the case may be, not so
stricken. Any such motion in the Senate shall be
debatable. In any case in which such point of order is
sustained against a conference report (or Senate
amendment derived from such conference report by
operation of this subparagraph), no further amendment
shall be in order.
(D) No waiver or suspension.--In the Senate, it
shall not be in order to move to waive or suspend
subparagraph (A).
(2) Use of federal rainy day fund first.--
(A) Point of order against regular appropriations
for emergencies.--
(i) In general.--In the Senate, it shall
not be in order to consider a provision in a
bill, joint resolution, motion, amendment,
amendment between the Houses, or conference
report that appropriates funds from the General
Fund of the Treasury for an emergency, unless
there are no unobligated funds in the Federal
Rainy Day Fund.
(ii) Point of order sustained.--If a point
of order is made by a Senator against a
provision described in clause (i), and the
point of order is sustained by the Chair, that
provision shall be stricken from the measure
and may not be offered as an amendment from the
floor.
(B) Form of the point of order.--A point of order
under subparagraph (A)(i) may be raised by a Senator as
provided in section 313(e) of the Congressional Budget
Act of 1974 (2 U.S.C. 644(e)).
(C) Conference reports.--When the Senate is
considering a conference report on, or an amendment
between the Houses in relation to, a bill or joint
resolution, upon a point of order being made by any
Senator pursuant to subparagraph (A)(i), and such point
of order being sustained, such material contained in
such conference report or House amendment shall be
stricken, and the Senate shall proceed to consider the
question of whether the Senate shall recede from its
amendment and concur with a further amendment, or
concur in the House amendment with a further amendment,
as the case may be, which further amendment shall
consist of only that portion of the conference report
or House amendment, as the case may be, not so
stricken. Any such motion in the Senate shall be
debatable. In any case in which such point of order is
sustained against a conference report (or Senate
amendment derived from such conference report by
operation of this subparagraph), no further amendment
shall be in order.
(D) No waiver or suspension.--In the Senate, it
shall not be in order to move to waive or suspend
subparagraph (A).
(3) Point of order against emergency spending.--Section 314
of the Congressional Budget Act of 1974 (2 U.S.C. 645) is
amended--
(A) in subsection (d)--
(i) in paragraph (1), by striking
``contains a provision providing new budget
authority and outlays or reducing revenue, and
a designation of such provision as an emergency
requirement pursuant to 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control
Act of 1985'' and inserting ``contains an
appropriation from the Federal Rainy Day Fund
for an emergency (as defined in section __ of
the ___ Act)''; and
(ii) in paragraph (2)(A), by striking ``a
designation'' and inserting ``an
appropriation''; and
(B) in subsection (e)--
(i) in the subsection heading, by striking
``Designation'' and inserting
``Appropriation'';
(ii) in paragraph (1), by striking ``an
emergency designation in that measure, that
provision making such a designation'' and
inserting ``a provision containing an
appropriation from the Federal Rainy Day Fund
for an emergency (as defined in section __ of
the ___ Act, that provision'';
(iii) in paragraph (2), by striking
``three-fifths'' each place it appears and
inserting ``two-thirds'';
(iv) by striking paragraph (3); and
(v) by redesignating paragraphs (4) and (5)
as paragraphs (3) and (4), respectively.
(e) Increased Threshold for Allocation Points of Order.--
Notwithstanding section 904 of the Congressional Budget Act of 1974 (2
U.S.C. 621 note), in the Senate--
(1) section 302(f) of the Congressional Budget Act of 1974
(2 U.S.C. 633(f)) may only be waived or suspended upon the
affirmative vote of two-thirds of the Members, duly chosen and
sworn; and
(2) an appeal of the ruling of the Chair on a point of
order raised under section 302(f) of the Congressional Budget
Act of 1974 (2 U.S.C. 633(f)) shall only be sustained upon the
affirmative vote of two-thirds of the Members, duly chosen and
sworn.
(f) GAO Study.--The Comptroller General of the United States shall
submit to Congress a report assessing the relationship between
emergency, disaster, and wildfire spending, which shall include
recommendations, if any, to modify the spending that qualifies as
emergency spending.
(g) Repeal of Adjustment for Emergency Spending.--Section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 901(b)(2)(A)) is amended--
(1) in the subparagraph heading, by striking ``Emergency
appropriations; overseas'' and inserting ``Overseas'';
(2) by striking ``that--'' and all that follows through
``(ii) the Congress'' and inserting ``that the Congress'';
(3) by striking ``designates,'' and all that follows
through ``the adjustment'' and inserting ``designates, the
adjustment''; and
(4) by striking ``designated as emergency requirements or
for'' and inserting ``designated for''.
(h) Effective Date.--This section and the amendments made by this
section shall--
(1) take effect on the date of enactment of this Act; and
(2) apply with respect to fiscal year 2024 and each fiscal
year thereafter.
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