A bill to establish the Federal Rainy Day Fund to control emergency spending.

II 117TH CONGRESS 1ST SESSION S. 1392 To establish the Federal Rainy Day Fund to control emergency spending. IN THE SENATE OF THE UNITED STATES APRIL 27, 2021 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. LIMITATIONS ON EMERGENCY SPENDING. 3 (a) DEFINITIONS.—In this section— 4 (1) the term ‘‘discretionary spending limit’’ has 5 the meaning given that term in section 250(c) of the 6 Balanced Budget and Emergency Deficit Control 7 Act of 1985 (2 U.S.C. 900(c)); 8 (2) the term ‘‘emergency’’ means any occasion 9 or instance for which Federal assistance is needed to 10 supplement State and local efforts and capabilities 11 VerDate Sep 11 2014 03:30 May 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1392 IS to save lives and to protect property and public 1 health and safety, or to lessen or avert the threat of 2 a catastrophe in any part of the United States; 3 (3) the term ‘‘Fund’’ means the Federal Rainy 4 Day Fund established under subsection (c)(1); and 5 (4) the term ‘‘previous year’s nonemergency 6 discretionary spending’’ means the amount of the 7 discretionary spending limit for all categories for the 8 most recent previous fiscal year for which there was 9 a discretionary spending limit, excluding any adjust- 10 ment for the fiscal year for amounts designated as 11 being for an emergency requirement under section 12 251(b)(2)(A)(i) of the Balanced Budget and Emer- 13 gency Deficit Control Act of 1985 (2 U.S.C. 14 901(b)(2)(A)(i)), as in effect on the day before the 15 date of enactment of this Act. 16 (b) SENSE OF THE SENATE.—It is the sense of the 17 Senate that saving for a rainy day should be accompanied 18 by offsets in other programs so that the Federal Govern- 19 ment does not live beyond its means. 20 (c) FEDERAL RAINY DAY FUND.— 21 (1) ESTABLISHMENT.—There is established in 22 the Treasury an account to be known as the ‘‘Fed- 23 eral Rainy Day Fund’’. 24 VerDate Sep 11 2014 03:30 May 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1392 IS (2) FUNDING.—For fiscal year 2021 and each 1 fiscal year thereafter, there is authorized to be ap- 2 propriated to the Fund an amount equal to 2 per- 3 cent of the amount of previous year’s nonemergency 4 discretionary spending. 5 (3) AVAILABILITY.—Amounts in the Fund shall 6 remain available until expended, in accordance with 7 subsection (d). 8 (d) USE OF FEDERAL RAINY DAY FUND.— 9 (1) PROHIBITION ON USING FEDERAL RAINY 10 DAY FUND FOR NONEMERGENCIES.— 11 (A) POINT OF ORDER AGAINST USE FOR 12 NONEMERGENCIES.— 13 (i) IN GENERAL.—In the Senate, it 14 shall not be in order to consider a provi- 15 sion in a bill, joint resolution, motion, 16 amendment, amendment between the 17 Houses, or conference report that appro- 18 priates funds from the Federal Rainy Day 19 Fund for any program, project, or activity 20 that is not an emergency. 21 (ii) POINT OF ORDER SUSTAINED.—If 22 a point of order is made by a Senator 23 against a provision described in clause (i), 24 and the point of order is sustained by the 25 VerDate Sep 11 2014 03:30 May 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1392 IS Chair, that provision shall be stricken from 1 the measure and may not be offered as an 2 amendment from the floor. 3 (B) FORM OF THE POINT OF ORDER.—A 4 point of order under subparagraph (A)(i) may 5 be raised by a Senator as provided in section 6 313(e) of the Congressional Budget Act of 7 1974 (2 U.S.C. 644(e)). 8 (C) CONFERENCE REPORTS.—When the 9 Senate is considering a conference report on, or 10 an amendment between the Houses in relation 11 to, a bill or joint resolution, upon a point of 12 order being made by any Senator pursuant to 13 subparagraph (A)(i), and such point of order 14 being sustained, such material contained in 15 such conference report or House amendment 16 shall be stricken, and the Senate shall proceed 17 to consider the question of whether the Senate 18 shall recede from its amendment and concur 19 with a further amendment, or concur in the 20 House amendment with a further amendment, 21 as the case may be, which further amendment 22 shall consist of only that portion of the con- 23 ference report or House amendment, as the 24 case may be, not so stricken. Any such motion 25 VerDate Sep 11 2014 03:30 May 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1392 IS in the Senate shall be debatable. In any case in 1 which such point of order is sustained against 2 a conference report (or Senate amendment de- 3 rived from such conference report by operation 4 of this subparagraph), no further amendment 5 shall be in order. 6 (D) NO WAIVER OR SUSPENSION.—In the 7 Senate, it shall not be in order to move to waive 8 or suspend subparagraph (A). 9 (2) USE OF FEDERAL RAINY DAY FUND 10 FIRST.— 11 (A) POINT OF ORDER AGAINST REGULAR 12 APPROPRIATIONS FOR EMERGENCIES.— 13 (i) IN GENERAL.—In the Senate, it 14 shall not be in order to consider a provi- 15 sion in a bill, joint resolution, motion, 16 amendment, amendment between the 17 Houses, or conference report that appro- 18 priates funds from the General Fund of 19 the Treasury for an emergency, unless 20 there are no unobligated funds in the Fed- 21 eral Rainy Day Fund. 22 (ii) POINT OF ORDER SUSTAINED.—If 23 a point of order is made by a Senator 24 against a provision described in clause (i), 25 VerDate Sep 11 2014 03:30 May 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1392 IS and the point of order is sustained by the 1 Chair, that provision shall be stricken from 2 the measure and may not be offered as an 3 amendment from the floor. 4 (B) FORM OF THE POINT OF ORDER.—A 5 point of order under subparagraph (A)(i) may 6 be raised by a Senator as provided in section 7 313(e) of the Congressional Budget Act of 8 1974 (2 U.S.C. 644(e)). 9 (C) CONFERENCE REPORTS.—When the 10 Senate is considering a conference report on, or 11 an amendment between the Houses in relation 12 to, a bill or joint resolution, upon a point of 13 order being made by any Senator pursuant to 14 subparagraph (A)(i), and such point of order 15 being sustained, such material contained in 16 such conference report or House amendment 17 shall be stricken, and the Senate shall proceed 18 to consider the question of whether the Senate 19 shall recede from its amendment and concur 20 with a further amendment, or concur in the 21 House amendment with a further amendment, 22 as the case may be, which further amendment 23 shall consist of only that portion of the con- 24 ference report or House amendment, as the 25 VerDate Sep 11 2014 03:30 May 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1392 IS case may be, not so stricken. Any such motion 1 in the Senate shall be debatable. In any case in 2 which such point of order is sustained against 3 a conference report (or Senate amendment de- 4 rived from such conference report by operation 5 of this subparagraph), no further amendment 6 shall be in order. 7 (D) NO WAIVER OR SUSPENSION.—In the 8 Senate, it shall not be in order to move to waive 9 or suspend subparagraph (A). 10 (3) POINT OF ORDER AGAINST EMERGENCY 11 SPENDING.—Section 314 of the Congressional Budg- 12 et Act of 1974 (2 U.S.C. 645) is amended— 13 (A) in subsection (d)— 14 (i) in paragraph (1), by striking ‘‘con- 15 tains a provision providing new budget au- 16 thority and outlays or reducing revenue, 17 and a designation of such provision as an 18 emergency requirement pursuant to 19 251(b)(2)(A) of the Balanced Budget and 20 Emergency Deficit Control Act of 1985’’ 21 and inserting ‘‘contains an appropriation 22 from the Federal Rainy Day Fund for an 23 emergency (as defined in section ll of 24 the lll Act)’’; and 25 VerDate Sep 11 2014 03:30 May 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1392 IS (ii) in paragraph (2)(A), by striking 1 ‘‘a designation’’ and inserting ‘‘an appro- 2 priation’’; and 3 (B) in subsection (e)— 4 (i) in the subsection heading, by strik- 5 ing ‘‘DESIGNATION’’ and inserting ‘‘AP- 6 PROPRIATION’’; 7 (ii) in paragraph (1), by striking ‘‘an 8 emergency designation in that measure, 9 that provision making such a designation’’ 10 and inserting ‘‘a provision containing an 11 appropriation from the Federal Rainy Day 12 Fund for an emergency (as defined in sec- 13 tion ll of the lll Act, that provi- 14 sion’’; 15 (iii) in paragraph (2), by striking 16 ‘‘three-fifths’’ each place it appears and in- 17 serting ‘‘two-thirds’’; 18 (iv) by striking paragraph (3); and 19 (v) by redesignating paragraphs (4) 20 and (5) as paragraphs (3) and (4), respec- 21 tively. 22 (e) GAO STUDY.—The Comptroller General of the 23 United States shall submit to Congress a report assessing 24 the relationship between emergency, disaster, and wildfire 25 VerDate Sep 11 2014 03:30 May 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.IS S1392 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1392 IS spending, which shall include recommendations, if any, to 1 modify the spending that qualifies as emergency spending. 2 (f) REPEAL OF ADJUSTMENT FOR EMERGENCY 3 SPENDING.—Section 251(b)(2)(A) of the Balanced Budg- 4 et and Emergency Deficit Control Act of 1985 (2 U.S.C. 5 901(b)(2)(A)) is amended— 6 (1) in the subparagraph heading, by striking 7 ‘‘EMERGENCY APPROPRIATIONS; OVERSEAS’’ and in- 8 serting ‘‘OVERSEAS’’; 9 (2) by striking ‘‘that—’’ and all that follows 10 through ‘‘(ii) the Congress’’ and inserting ‘‘that the 11 Congress’’; 12 (3) by striking ‘‘designates,’’ and all that fol- 13 lows through ‘‘the adjustment’’ and inserting ‘‘des- 14 ignates, the adjustment’’; and 15 (4) by striking ‘‘designated as emergency re- 16 quirements or for’’ and inserting ‘‘designated for’’. 17 (g) EFFECTIVE DATE.—This section and the amend- 18 ments made by this section shall— 19 (1) take effect on the date of enactment of this 20 Act; and 21 (2) apply with respect to fiscal year 2021 and 22 each fiscal year thereafter. 23 Æ VerDate Sep 11 2014 03:30 May 22, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S1392.IS S1392 kjohnson on DSK79L0C42PROD with BILLS