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S. 1990, Federal Debt Emergency Control Act of 2021

Summary

Senate bill 1990, the Federal Debt Emergency Control Act of 2021, is a bill to establish processes to control inflationary pressures and the Federal debt, during Federal debt emergencies. Scott of Florida introduced it on June 9, 2021, with cosponsors listed beginning with Cruz, Braun and Barrasso, and it was read twice and referred to the Committee on Homeland Security and Governmental Affairs. Section 2 defines an eligible bill as one that would result in a reduction of the deficit of not less than 5 percent during the 10-fiscal-year period following the current fiscal year. The bill must also not increase the rate of any Federal tax or increase any fee paid to the Federal Government.

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Congressional materials
Document type
Bills Bills 117S1990Is Bills 117S1990Is
Case
Bills Bills 117S1990Is Bills 117S1990Is

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“S. 1990, Federal Debt Emergency Control Act of 2021.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s1990is-bills-117s1990is/, SHA-256 c68ffcc58137ba75b30d4d30452eea8c4d760b4e7d6c7cdc1cfc3949f70f83aa.

Full text

                                                                                                                                                                        II




                                                                     117TH CONGRESS
                                                                        1ST SESSION
                                                                                                            S. 1990
                                                                      To establish processes to control inflationary pressures and the Federal debt,
                                                                                            during Federal debt emergencies.




                                                                                 IN THE SENATE OF THE UNITED STATES
                                                                                                   JUNE 9, 2021
                                                                     Mr. SCOTT of Florida (for himself, Mr. CRUZ, Mr. BRAUN, Mr. BARRASSO,
                                                                         Ms. ERNST, Mrs. BLACKBURN, Mr. TUBERVILLE, Mr. JOHNSON, and Ms.
                                                                         LUMMIS) introduced the following bill; which was read twice and referred
                                                                         to the Committee on Homeland Security and Governmental Affairs




                                                                                                               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—
                                                                       8                        (1) the terms ‘‘budget year’’ and ‘‘current



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                                                                       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 during which
                                                                     19               the amount of the debt of the Federal Government
                                                                     20               held by the public exceeded the gross domestic prod-
                                                                     21               uct 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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                                                                                                                                4
                                                                       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 ma-
                                                                     17               jority and minority leaders or their designees. A mo-
                                                                     18               tion further to limit debate on an eligible bill is in
                                                                     19               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, including time used for quorum calls


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                                                                       1              and voting, shall be counted against the total 30
                                                                       2              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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