II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. LIMITATIONS ON EMERGENCY SPENDING. 

4 (a) DEFINITIONS.—In this section— 

5 (1) the term ‘‘discretionary spending limit’’ has 

6 the meaning given that term in section 250(c) of the 

7 Balanced Budget and Emergency Deficit Control 

8 Act of 1985 (2 U.S.C. 900(c)); 

9 (2) the term ‘‘emergency’’ means any occasion 

10 or instance for which Federal assistance is needed to 

11 supplement State and local efforts and capabilities 


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1 to save lives and to protect property and public 

2 health and safety, or to lessen or avert the threat of 

3 a catastrophe in any part of the United States; 

4 (3) the term ‘‘Fund’’ means the Federal Rainy 

5 Day Fund established under subsection (c)(1); and 

6 (4) the term ‘‘previous year’s nonemergency 

7 discretionary spending’’ means the amount of the 

8 discretionary spending limit for all categories for the 

9 most recent previous fiscal year for which there was 

10 a discretionary spending limit, excluding any adjust11 ment for the fiscal year for amounts designated as 

12 being for an emergency requirement under section 

13 251(b)(2)(A)(i) of the Balanced Budget and Emer14 gency Deficit Control Act of 1985 (2 U.S.C. 

15 901(b)(2)(A)(i)), as in effect on the day before the 

16 date of enactment of this Act. 

17 (b) SENSE OF THE SENATE.—It is the sense of the 

18 Senate that saving for a rainy day should be accompanied 

19 by offsets in other programs so that the Federal Govern20 ment does not live beyond its means. 

21 (c) FEDERAL RAINY DAY FUND.— 

22 (1) ESTABLISHMENT.—There is established in 

23 the Treasury an account to be known as the ‘‘Fed24 eral Rainy Day Fund’’. 


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1 (2) FUNDING.—For fiscal year 2024 and each 

2 fiscal year thereafter, there is authorized to be ap3 propriated to the Fund an amount equal to 2 per4 cent of the amount of previous year’s nonemergency 

5 discretionary spending. 

6 (3) AVAILABILITY.—Amounts in the Fund shall 

7 remain available until expended, in accordance with 

8 subsection (d). 

9 (d) USE OF FEDERAL RAINY DAY FUND.— 

10 (1) PROHIBITION ON USING FEDERAL RAINY

11 DAY FUND FOR NONEMERGENCIES.— 

12 (A) POINT OF ORDER AGAINST USE FOR

13 NONEMERGENCIES.— 

14 (i) IN GENERAL.—In the Senate, it 

15 shall not be in order to consider a provi16 sion in a bill, joint resolution, motion, 

17 amendment, amendment between the 

18 Houses, or conference report that appro19 priates funds from the Federal Rainy Day 

20 Fund for any program, project, or activity 

21 that is not an emergency. 

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 and the point of order is sustained by the 


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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 con24 ference report or House amendment, as the 

25 case may be, not so stricken. Any such motion 


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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 de4 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 (2) USE OF FEDERAL RAINY DAY FUND

11 FIRST.— 

12 (A) POINT OF ORDER AGAINST REGULAR

13 APPROPRIATIONS FOR EMERGENCIES.— 

14 (i) IN GENERAL.—In the Senate, it 

15 shall not be in order to consider a provi16 sion in a bill, joint resolution, motion, 

17 amendment, amendment between the 

18 Houses, or conference report that appro19 priates funds from the General Fund of 

20 the Treasury for an emergency, unless 

21 there are no unobligated funds in the Fed22 eral Rainy Day Fund. 

23 (ii) POINT OF ORDER SUSTAINED.—If 

24 a point of order is made by a Senator 

25 against a provision described in clause (i), 


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1 and the point of order is sustained by the 

2 Chair, that provision shall be stricken from 

3 the measure and may not be offered as an 

4 amendment from the floor. 

5 (B) FORM OF THE POINT OF ORDER.—A 

6 point of order under subparagraph (A)(i) may 

7 be raised by a Senator as provided in section 

8 313(e) of the Congressional Budget Act of 

9 1974 (2 U.S.C. 644(e)). 

10 (C) CONFERENCE REPORTS.—When the 

11 Senate is considering a conference report on, or 

12 an amendment between the Houses in relation 

13 to, a bill or joint resolution, upon a point of 

14 order being made by any Senator pursuant to 

15 subparagraph (A)(i), and such point of order 

16 being sustained, such material contained in 

17 such conference report or House amendment 

18 shall be stricken, and the Senate shall proceed 

19 to consider the question of whether the Senate 

20 shall recede from its amendment and concur 

21 with a further amendment, or concur in the 

22 House amendment with a further amendment, 

23 as the case may be, which further amendment 

24 shall consist of only that portion of the con25 ference report or House amendment, as the 


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1 case may be, not so stricken. Any such motion 

2 in the Senate shall be debatable. In any case in 

3 which such point of order is sustained against 

4 a conference report (or Senate amendment de5 rived from such conference report by operation 

6 of this subparagraph), no further amendment 

7 shall be in order. 

8 (D) NO WAIVER OR SUSPENSION.—In the 

9 Senate, it shall not be in order to move to waive 

10 or suspend subparagraph (A). 

11 (3) POINT OF ORDER AGAINST EMERGENCY

12 SPENDING.—Section 314 of the Congressional Budg13 et Act of 1974 (2 U.S.C. 645) is amended— 

14 (A) in subsection (d)— 

15 (i) in paragraph (1), by striking ‘‘con16 tains a provision providing new budget au17 thority and outlays or reducing revenue, 

18 and a designation of such provision as an 

19 emergency requirement pursuant to 

20 251(b)(2)(A) of the Balanced Budget and 

21 Emergency Deficit Control Act of 1985’’ 

22 and inserting ‘‘contains an appropriation 

23 from the Federal Rainy Day Fund for an 

24 emergency (as defined in section ll of 

25 the lll Act)’’; and 


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1 (ii) in paragraph (2)(A), by striking 

2 ‘‘a designation’’ and inserting ‘‘an appro3 priation’’; and 

4 (B) in subsection (e)— 

5 (i) in the subsection heading, by strik6 ing ‘‘DESIGNATION’’ and inserting ‘‘AP7 PROPRIATION’’; 

8 (ii) in paragraph (1), by striking ‘‘an 

9 emergency designation in that measure, 

10 that provision making such a designation’’ 

11 and inserting ‘‘a provision containing an 

12 appropriation from the Federal Rainy Day 

13 Fund for an emergency (as defined in sec14 tion ll of the lll Act, that provi15 sion’’; 

16 (iii) in paragraph (2), by striking 

17 ‘‘three-fifths’’ each place it appears and in18 serting ‘‘two-thirds’’; 

19 (iv) by striking paragraph (3); and 

20 (v) by redesignating paragraphs (4) 

21 and (5) as paragraphs (3) and (4), respec22 tively. 

23 (e) INCREASED THRESHOLD FOR ALLOCATION

24 POINTS OF ORDER.—Notwithstanding section 904 of the 


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1 Congressional Budget Act of 1974 (2 U.S.C. 621 note), 

2 in the Senate— 

3 (1) section 302(f) of the Congressional Budget 

4 Act of 1974 (2 U.S.C. 633(f)) may only be waived 

5 or suspended upon the affirmative vote of two-thirds 

6 of the Members, duly chosen and sworn; and 

7 (2) an appeal of the ruling of the Chair on a 

8 point of order raised under section 302(f) of the 

9 Congressional Budget Act of 1974 (2 U.S.C. 633(f)) 

10 shall only be sustained upon the affirmative vote of 

11 two-thirds of the Members, duly chosen and sworn. 

12 (f) GAO STUDY.—The Comptroller General of the 

13 United States shall submit to Congress a report assessing 

14 the relationship between emergency, disaster, and wildfire 

15 spending, which shall include recommendations, if any, to 

16 modify the spending that qualifies as emergency spending. 

17 (g) REPEAL OF ADJUSTMENT FOR EMERGENCY

18 SPENDING.—Section 251(b)(2)(A) of the Balanced Budg19 et and Emergency Deficit Control Act of 1985 (2 U.S.C. 

20 901(b)(2)(A)) is amended— 

21 (1) in the subparagraph heading, by striking 

22 ‘‘EMERGENCY APPROPRIATIONS; OVERSEAS’’ and in23 serting ‘‘OVERSEAS’’; 


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1 (2) by striking ‘‘that—’’ and all that follows 

2 through ‘‘(ii) the Congress’’ and inserting ‘‘that the 

3 Congress’’; 

4 (3) by striking ‘‘designates,’’ and all that fol5 lows through ‘‘the adjustment’’ and inserting ‘‘des6 ignates, the adjustment’’; and 

7 (4) by striking ‘‘designated as emergency re8 quirements or for’’ and inserting ‘‘designated for’’. 

9 (h) EFFECTIVE DATE.—This section and the amend10 ments made by this section shall— 

11 (1) take effect on the date of enactment of this 

12 Act; and 

13 (2) apply with respect to fiscal year 2024 and 

14 each fiscal year thereafter. 

Æ 


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