H.R. 4869, Federal Debt Emergency Control Act of 2021
Summary
House bill 4869, the Federal Debt Emergency Control Act of 2021, was introduced July 30, 2021 by Mr. BANKS and referred to the Committee on Rules and, in addition, the Committee on Appropriations. It is a bill to establish processes to control inflationary pressures and the Federal debt, during Federal debt emergencies. Section 2 defines stimulus spending as amounts made available under listed Acts, including the Families First Coronavirus Response Act and the American Rescue Plan Act of 2021. Section 3 provides that, effective on the first day of the first Federal debt emergency period, the unobligated balances of all stimulus spending are rescinded and returned to the general fund of the Treasury, and adds a Senate point of order against legislation that increases outlays or the deficit.
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“H.R. 4869, Federal Debt Emergency Control Act of 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr4869ih-bills-117hr4869ih/
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I
117TH CONGRESS
1ST SESSION
H. R. 4869
To establish processes to control inflationary pressures and the Federal debt,
during Federal debt emergencies.
IN THE HOUSE OF REPRESENTATIVES
JULY 30, 2021
Mr. BANKS introduced the following bill; which was referred to the Committee
on Rules, and in addition to the Committee on Appropriations, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To establish processes to control inflationary pressures and
the Federal debt, during Federal debt emergencies.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Federal Debt Emer-
5 gency Control Act of 2021’’.
6 SEC. 2. DEFINITIONS.
7 In this Act—
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8 (1) the terms ‘‘budget year’’ and ‘‘current
9 year’’ have the meanings given those terms in sec-
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2
1 tion 250(c) of the Balanced Budget and Emergency
2 Deficit Control Act of 1985 (2 U.S.C. 900(c);
3 (2) the term ‘‘eligible bill’’ means a bill intro-
4 duced in the House of Representatives or Senate—
5 (A) during a Federal debt emergency pe-
6 riod;
7 (B) the title of which is ‘‘To provide for
8 deficit reduction under the Federal Debt Emer-
9 gency Control Act of 2021.’’;
10 (C) that, if enacted, would result in a re-
11 duction of the deficit of not less than 5 percent
12 during the 10-fiscal-year period following the
13 current fiscal year; and
14 (D) that does not increase the rate of any
15 Federal tax or increase any fee paid to the Fed-
16 eral Government;
17 (3) the term ‘‘Federal debt emergency period’’
18 means the fiscal year following a fiscal year during
19 which the amount of the debt of the Federal Govern-
20 ment held by the public exceeded the gross domestic
21 product of the United States for that fiscal year;
22 (4) the term ‘‘outlays’’ has the meaning given
23 that term in section 3 of the Congressional Budget
24 and Impoundment Control Act of 1974 (2 U.S.C.
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25 621); and
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1 (5) the term ‘‘stimulus spending’’ means
2 amounts made available under—
3 (A) the Coronavirus Preparedness and Re-
4 sponse Supplemental Appropriations Act, 2020
5 (Public Law 116–123; 134 Stat 146);
6 (B) the Families First Coronavirus Re-
7 sponse Act (Public Law 116–127; 134 Stat.
8 178);
9 (C) the CARES Act (Public Law 116–136;
10 134 Stat. 281);
11 (D) the Paycheck Protection Program and
12 Health Care Enhancement Act (Public Law
13 116–139; 134 Stat. 620);
14 (E) division N (relating to additional
15 coronavirus response and relief) of the Consoli-
16 dated Appropriations Act, 2021 (Public Law
17 116–260); or
18 (F) the American Rescue Plan Act of 2021
19 (Public Law 117–2).
20 SEC. 3. FEDERAL DEBT EMERGENCY CONTROL.
21 (a) TERMINATION OF UNSPENT STIMULUS SPEND-
22 ING IN A FEDERAL DEBT EMERGENCY.—Effective on the
23 first day of the first Federal debt emergency period, as
24 determined by the Director of the Office of Management
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25 and Budget, the unobligated balances of all stimulus
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1 spending are rescinded and shall be returned to the gen-
2 eral fund of the Treasury.
3 (b) SELF-FINANCING OF LEGISLATION INCREASING
4 SPENDING DURING A FEDERAL DEBT EMERGENCY.—
5 (1) POINT OF ORDER.—During a Federal debt
6 emergency period, it shall not be in order in the Sen-
7 ate to consider any bill, joint resolution, motion,
8 amendment, amendment between the Houses, or
9 conference report that (excluding changes in Federal
10 tax revenue, if any) would—
11 (A) increase outlays, relative to the most
12 recent baseline under section 257 of the Bal-
13 anced Budget and Emergency Deficit Control
14 Act of 1985 (2 U.S.C. 907) over the period of
15 the current year, the budget year, and the ensu-
16 ing 9 fiscal years; or
17 (B) increase the deficit over the period of
18 the current year, the budget year, and the ensu-
19 ing 9 fiscal years.
20 (2) DETERMINATION.—The determination of
21 the existence of a Federal debt emergency period,
22 outlays, and the deficit for purposes of paragraph
23 (1) shall be based on estimates provided by the Con-
24 gressional Budget Office.
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1 (3) WAIVER AND APPEAL.—Paragraph (1) may
2 be waived or suspended in the Senate only by an af-
3 firmative vote of two thirds of the Members, duly
4 chosen and sworn. An affirmative vote of two thirds
5 of the Members of the Senate, duly chosen and
6 sworn, shall be required to sustain an appeal of the
7 ruling of the Chair on a point of order raised under
8 paragraph (1).
9 (4) EXERCISE OF RULEMAKING POWERS.—Con-
10 gress adopts the provisions of this subsection—
11 (A) as an exercise of the rulemaking power
12 of the Senate, and as such they shall be consid-
13 ered as part of the rules of the Senate, and
14 such rules shall supersede other rules only to
15 the extent that they are inconsistent with such
16 other rules; and
17 (B) with full recognition of the constitu-
18 tional right of the Senate to change those rules
19 (insofar as they relate to the Senate) at any
20 time, in the same manner, and to the same ex-
21 tent as is the case of any other rule of the Sen-
22 ate.
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1 SEC. 4. EXPEDITED CONSIDERATION OF DEFICIT REDUC-
2 ING BILLS.
3 (a) CONSIDERATION IN THE HOUSE OF REPRESENT-
4 ATIVES.—
5 (1) REFERRAL AND REPORTING.—Any com-
6 mittee of the House of Representatives to which an
7 eligible bill is referred shall report it to the House
8 without amendment not later than 30 days after the
9 date on which the eligible bill is introduced. If a
10 committee fails to report an eligible bill within that
11 period, it shall be in order to move that the House
12 discharge the committee from further consideration
13 of the bill. Such a motion shall not be in order after
14 the last committee authorized to consider the bill re-
15 ports it to the House or after the House has dis-
16 posed of a motion to discharge the bill. The previous
17 question shall be considered as ordered on the mo-
18 tion to its adoption without intervening motion ex-
19 cept 20 minutes of debate equally divided and con-
20 trolled by the proponent and an opponent. If such
21 a motion is adopted, the House shall proceed imme-
22 diately to consider the eligible bill in accordance with
23 paragraphs (2) and (3). A motion to reconsider the
24 vote by which the motion is disposed of shall not be
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25 in order.
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1 (2) PROCEEDING TO CONSIDERATION.—After
2 the last committee authorized to consider an eligible
3 bill reports it to the House or has been discharged
4 (other than by motion) from its consideration, it
5 shall be in order to move to proceed to consider the
6 eligible bill in the House. Such a motion shall not
7 be in order after the House has disposed of a motion
8 to proceed with respect to the eligible bill. The pre-
9 vious question shall be considered as ordered on the
10 motion to its adoption without intervening motion. A
11 motion to reconsider the vote by which the motion
12 is disposed of shall not be in order.
13 (3) CONSIDERATION.—An eligible bill shall be
14 considered as read. All points of order against an el-
15 igible bill and against its consideration are waived.
16 The previous question shall be considered as ordered
17 on an eligible bill to its passage without intervening
18 motion except 2 hours of debate equally divided and
19 controlled by the proponent and an opponent and
20 one motion to limit debate on the eligible bill. A mo-
21 tion to reconsider the vote on passage of an eligible
22 bill shall not be in order.
23 (4) VOTE ON PASSAGE.—The vote on passage
24 of an eligible bill shall occur not later than 30 days
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25 after the date on which the eligible bill is introduced.
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1 (b) EXPEDITED PROCEDURE IN THE SENATE.—
2 (1) COMMITTEE CONSIDERATION.—An eligible
3 bill introduced in the Senate shall be jointly referred
4 to the committee or committees of jurisdiction,
5 which committees shall report the bill without any
6 revision and with a favorable recommendation, an
7 unfavorable recommendation, or without rec-
8 ommendation, not later than 30 days after the date
9 on which the eligible bill is introduced. If any com-
10 mittee fails to report an eligible bill within that pe-
11 riod, that committee shall be automatically dis-
12 charged from consideration of the eligible bill, and
13 the eligible bill shall be placed on the appropriate
14 calendar.
15 (2) MOTION TO PROCEED.—Notwithstanding
16 Rule XXII of the Standing Rules of the Senate, it
17 is in order, not later than 2 days of session after the
18 date on which an eligible bill is reported or dis-
19 charged from all committees to which it was re-
20 ferred, for the majority leader of the Senate or the
21 majority leader’s designee to move to proceed to the
22 consideration of the eligible bill. It shall also be in
23 order for any Member of the Senate to move to pro-
24 ceed to the consideration of the eligible bill at any
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25 time after the conclusion of such 2-day period. A
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1 motion to proceed is in order even though a previous
2 motion to the same effect has been disagreed to. All
3 points of order against the motion to proceed to an
4 eligible bill are waived. The motion to proceed is not
5 debatable. The motion is not subject to a motion to
6 postpone. A motion to reconsider the vote by which
7 the motion is agreed to or disagreed to shall not be
8 in order. If a motion to proceed to the consideration
9 of an eligible bill is agreed to, the eligible bill shall
10 remain the unfinished business until disposed of.
11 (3) CONSIDERATION.—All points of order
12 against an eligible bill and against consideration of
13 the eligible bill are waived. Consideration of an eligi-
14 ble bill and of all debatable motions and appeals in
15 connection therewith shall not exceed a total of 30
16 hours which shall be divided equally between the
17 Majority and Minority Leaders or their designees. A
18 motion further to limit debate on an eligible bill is
19 in order, shall require an affirmative vote of three-
20 fifths of the Members duly chosen and sworn, and
21 is not debatable. Any debatable motion or appeal is
22 debatable for not to exceed 1 hour, to be divided
23 equally between those favoring and those opposing
24 the motion or appeal. All time used for consideration
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25 of an eligible bill, including time used for quorum
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1 calls and voting, shall be counted against the total
2 30 hours of consideration.
3 (4) NO AMENDMENTS.—An amendment to an
4 eligible bill, or a motion to postpone, or a motion to
5 proceed to the consideration of other business, or a
6 motion to recommit the eligible bill, is not in order.
7 (5) VOTE ON PASSAGE.—If the Senate has
8 voted to proceed to an eligible bill, the vote on pas-
9 sage of the eligible bill shall occur immediately fol-
10 lowing the conclusion of the debate on the eligible
11 bill, and a single quorum call at the conclusion of
12 the debate if requested. The vote on passage of an
13 eligible bill shall occur not later than 30 days after
14 the date on which the eligible bill is introduced.
15 (6) RULINGS OF THE CHAIR ON PROCEDURE.—
16 Appeals from the decisions of the Chair relating to
17 the application of the rules of the Senate, as the
18 case may be, to the procedure relating to an eligible
19 bill shall be decided without debate.
20 (c) AMENDMENT.—An eligible bill shall not be sub-
21 ject to amendment in either the House of Representatives
22 or the Senate.
23 (d) CONSIDERATION BY THE OTHER HOUSE.—
24 (1) IN GENERAL.—If one House receives from
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25 the other an eligible bill—
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1 (A) the eligible bill of the other House
2 shall not be referred to a committee; and
3 (B) the eligible bill of the other House
4 shall be entitled to expedited floor procedures
5 under this section.
6 (2) REVENUE MEASURE.—This subsection shall
7 not apply to the House of Representatives if an eligi-
8 ble bill received from the Senate is a revenue meas-
9 ure.
10 (e) VETOES.—If the President vetoes an eligible bill,
11 debate on a veto message in the Senate under this section
12 shall be 1 hour equally divided between the majority and
13 minority leaders or their designees.
14 (f) LOSS OF PRIVILEGE.—The provisions of this sec-
15 tion shall only apply to an eligible bill during a Federal
16 debt emergency period.
17 (g) RULEMAKING.—The provisions of this section are
18 enacted by Congress—
19 (1) as an exercise of the rulemaking power of
20 the House of Representatives and the Senate, re-
21 spectively, and as such they shall be considered as
22 part of the rules of each House, respectively, or of
23 that House to which they specifically apply, and
24 such rules shall supersede other rules only to the ex-
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25 tent that they are inconsistent therewith; and
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1 (2) with full recognition of the constitutional
2 right of either House to change such rules (so far
3 as relating to such House) at any time, in the same
4 manner, and to the same extent as in the case of
5 any other rule of such House.
Æ
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