II 

Calendar No. 149 

117TH CONGRESS 

1ST SESSION S. 3008 

To establish the Federal Rainy Day Fund to control emergency spending. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 19, 2021 

Mr. BRAUN introduced the following bill; which was read the first time 

OCTOBER 20, 2021 

Read the second time and placed on the calendar 

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)); 


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

2 or instance for which Federal assistance is needed to 

3 supplement State and local efforts and capabilities 

4 to save lives and to protect property and public 

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

6 a catastrophe in any part of the United States; 

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

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

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

10 discretionary spending’’ means the amount of the 

11 discretionary spending limit for all categories for the 

12 most recent previous fiscal year for which there was 

13 a discretionary spending limit, excluding any adjust14 ment for the fiscal year for amounts designated as 

15 being for an emergency requirement under section 

16 251(b)(2)(A)(i) of the Balanced Budget and Emer17 gency Deficit Control Act of 1985 (2 U.S.C. 

18 901(b)(2)(A)(i)), as in effect on the day before the 

19 date of enactment of this Act. 

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

21 Senate that saving for a rainy day should be accompanied 

22 by offsets in other programs so that the Federal Govern23 ment does not live beyond its means. 

24 (c) FEDERAL RAINY DAY FUND.— 


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1 (1) ESTABLISHMENT.—There is established in 

2 the Treasury an account to be known as the ‘‘Fed3 eral Rainy Day Fund’’. 

4 (2) FUNDING.—For fiscal year 2021 and each 

5 fiscal year thereafter, there is authorized to be ap6 propriated to the Fund an amount equal to 2 per7 cent of the amount of previous year’s nonemergency 

8 discretionary spending. 

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

10 remain available until expended, in accordance with 

11 subsection (d). 

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

13 (1) PROHIBITION ON USING FEDERAL RAINY

14 DAY FUND FOR NONEMERGENCIES.— 

15 (A) POINT OF ORDER AGAINST USE FOR

16 NONEMERGENCIES.— 

17 (i) IN GENERAL.—In the Senate, it 

18 shall not be in order to consider a provi19 sion in a bill, joint resolution, motion, 

20 amendment, amendment between the 

21 Houses, or conference report that appro22 priates funds from the Federal Rainy Day 

23 Fund for any program, project, or activity 

24 that is not an emergency. 


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1 (ii) POINT OF ORDER SUSTAINED.—If 

2 a point of order is made by a Senator 

3 against a provision described in clause (i), 

4 and the point of order is sustained by the 

5 Chair, that provision shall be stricken from 

6 the measure and may not be offered as an 

7 amendment from the floor. 

8 (B) FORM OF THE POINT OF ORDER.—A 

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

10 be raised by a Senator as provided in section 

11 313(e) of the Congressional Budget Act of 

12 1974 (2 U.S.C. 644(e)). 

13 (C) CONFERENCE REPORTS.—When the 

14 Senate is considering a conference report on, or 

15 an amendment between the Houses in relation 

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

17 order being made by any Senator pursuant to 

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

19 being sustained, such material contained in 

20 such conference report or House amendment 

21 shall be stricken, and the Senate shall proceed 

22 to consider the question of whether the Senate 

23 shall recede from its amendment and concur 

24 with a further amendment, or concur in the 

25 House amendment with a further amendment, 


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1 as the case may be, which further amendment 

2 shall consist of only that portion of the con3 ference report or House amendment, as the 

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

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

6 which such point of order is sustained against 

7 a conference report (or Senate amendment de8 rived from such conference report by operation 

9 of this subparagraph), no further amendment 

10 shall be in order. 

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

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

13 or suspend subparagraph (A). 

14 (2) USE OF FEDERAL RAINY DAY FUND

15 FIRST.— 

16 (A) POINT OF ORDER AGAINST REGULAR

17 APPROPRIATIONS FOR EMERGENCIES.— 

18 (i) IN GENERAL.—In the Senate, it 

19 shall not be in order to consider a provi20 sion in a bill, joint resolution, motion, 

21 amendment, amendment between the 

22 Houses, or conference report that appro23 priates funds from the General Fund of 

24 the Treasury for an emergency, unless 


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1 there are no unobligated funds in the Fed2 eral Rainy Day Fund. 

3 (ii) POINT OF ORDER SUSTAINED.—If 

4 a point of order is made by a Senator 

5 against a provision described in clause (i), 

6 and the point of order is sustained by the 

7 Chair, that provision shall be stricken from 

8 the measure and may not be offered as an 

9 amendment from the floor. 

10 (B) FORM OF THE POINT OF ORDER.—A 

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

12 be raised by a Senator as provided in section 

13 313(e) of the Congressional Budget Act of 

14 1974 (2 U.S.C. 644(e)). 

15 (C) CONFERENCE REPORTS.—When the 

16 Senate is considering a conference report on, or 

17 an amendment between the Houses in relation 

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

19 order being made by any Senator pursuant to 

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

21 being sustained, such material contained in 

22 such conference report or House amendment 

23 shall be stricken, and the Senate shall proceed 

24 to consider the question of whether the Senate 

25 shall recede from its amendment and concur 


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1 with a further amendment, or concur in the 

2 House amendment with a further amendment, 

3 as the case may be, which further amendment 

4 shall consist of only that portion of the con5 ference report or House amendment, as the 

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

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

8 which such point of order is sustained against 

9 a conference report (or Senate amendment de10 rived from such conference report by operation 

11 of this subparagraph), no further amendment 

12 shall be in order. 

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

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

15 or suspend subparagraph (A). 

16 (3) POINT OF ORDER AGAINST EMERGENCY

17 SPENDING.—Section 314 of the Congressional Budg18 et Act of 1974 (2 U.S.C. 645) is amended— 

19 (A) in subsection (d)— 

20 (i) in paragraph (1), by striking ‘‘con21 tains a provision providing new budget au22 thority and outlays or reducing revenue, 

23 and a designation of such provision as an 

24 emergency requirement pursuant to 

25 251(b)(2)(A) of the Balanced Budget and 


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1 Emergency Deficit Control Act of 1985’’ 

2 and inserting ‘‘contains an appropriation 

3 from the Federal Rainy Day Fund for an 

4 emergency (as defined in section ll of 

5 the lll Act)’’; and 

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

7 ‘‘a designation’’ and inserting ‘‘an appro8 priation’’; and 

9 (B) in subsection (e)— 

10 (i) in the subsection heading, by strik11 ing ‘‘DESIGNATION’’ and inserting ‘‘AP12 PROPRIATION’’; 

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

14 emergency designation in that measure, 

15 that provision making such a designation’’ 

16 and inserting ‘‘a provision containing an 

17 appropriation from the Federal Rainy Day 

18 Fund for an emergency (as defined in sec19 tion ll of the lll Act, that provi20 sion’’; 

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

22 ‘‘three-fifths’’ each place it appears and in23 serting ‘‘two-thirds’’; 

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


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1 (v) by redesignating paragraphs (4) 

2 and (5) as paragraphs (3) and (4), respec3 tively. 

4 (e) GAO STUDY.—The Comptroller General of the 

5 United States shall submit to Congress a report assessing 

6 the relationship between emergency, disaster, and wildfire 

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

8 modify the spending that qualifies as emergency spending. 

9 (f) REPEAL OF ADJUSTMENT FOR EMERGENCY

10 SPENDING.—Section 251(b)(2)(A) of the Balanced Budg11 et and Emergency Deficit Control Act of 1985 (2 U.S.C. 

12 901(b)(2)(A)) is amended— 

13 (1) in the subparagraph heading, by striking 

14 ‘‘EMERGENCY APPROPRIATIONS; OVERSEAS’’ and in15 serting ‘‘OVERSEAS’’; 

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

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

18 Congress’’; 

19 (3) by striking ‘‘designates,’’ and all that fol20 lows through ‘‘the adjustment’’ and inserting ‘‘des21 ignates, the adjustment’’; and 

22 (4) by striking ‘‘designated as emergency re23 quirements or for’’ and inserting ‘‘designated for’’. 

24 (g) EFFECTIVE DATE.—This section and the amend25 ments made by this section shall— 


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

2 Act; and 

3 (2) apply with respect to fiscal year 2022 and 

4 each fiscal year thereafter. 


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Calendar No. 149 

117TH CONGRESS 

1ST SESSION S. 3008 

A BILL 

To establish the Federal Rainy Day Fund to 

control emergency spending. 

OCTOBER 20, 2021 

Read the second time and placed on the calendar 


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