CAP the DEBT Act

Control America's Purse-strings to Deliver a Better Tomorrow Act or the CAP the DEBT Act - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives and in the Senate to consider any bill, joint resolution, amendment, or conference report increasing the statutory limit on the public debt if there is any other matter in such measure.

Requires a two-thirds recorded vote of Members in the House and a roll call vote of at least two-thirds of the Members of the Senate before legislation increasing the statutory limit on the public debt may be considered as passed or agreed to in either chamber.

Permits a successful appeal from the ruling of the Chair in the Senate on such prohibition, but only by an affirmative roll call vote of two-thirds of its Members.

Repeals Rule XXVIII (Statutory Limit on Public Debt) of the Rules of the House, and known as the "Gephardt Rule," providing for mandatory adjustment of the statutory limit on the public debt to conform to a budget resolution.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4262 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4262

 To amend the Congressional Budget Act of 1974 to require a two-thirds 
  recorded vote in the House of Representatives and in the Senate to 
    increase the statutory limit on the public debt, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2009

   Mr. Scalise (for himself, Mr. Lamborn, Mr. Posey, Mr. Thompson of 
Pennsylvania, Mr. Akin, Mr. Wamp, Mr. Broun of Georgia, Mr. Hunter, Ms. 
  Fallin, Mr. Lee of New York, Mr. Gingrey of Georgia, Mr. Pitts, Mr. 
   Marchant, Mr. Shadegg, Mr. Alexander, Mr. Franks of Arizona, Mr. 
 Conaway, Mr. Cole, Mr. King of Iowa, Mr. Gohmert, Mr. Hall of Texas, 
 Mr. Roe of Tennessee, Mr. Bartlett, Mr. Bishop of Utah, Mr. Chaffetz, 
   Mr. Fleming, Mr. Boustany, Mr. Paulsen, Mr. Moran of Kansas, Mr. 
Carter, Mr. Graves, Mr. Rooney, Mr. Shimkus, Mrs. Blackburn, Mr. Barton 
 of Texas, Mr. Brady of Texas, Mr. Souder, Mr. Paul, Mr. Crenshaw, Mr. 
  Wilson of South Carolina, Mr. Kingston, Mr. Jones, Mr. Luetkemeyer, 
 Mrs. Capito, Mr. Inglis, Mr. Blunt, Mr. Davis of Kentucky, Mr. Jordan 
of Ohio, Mr. Hensarling, Mr. Culberson, and Mr. Heller) introduced the 
 following bill; which was referred to the Committee on Rules, and in 
      addition to the Committee on the Budget, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Congressional Budget Act of 1974 to require a two-thirds 
  recorded vote in the House of Representatives and in the Senate to 
    increase the statutory limit on the public debt, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Control America's Purse-strings to 
Deliver a Better Tomorrow Act'' or the ``CAP the DEBT Act''.

SEC. 2. TWO-THIRDS RECORDED VOTE REQUIRED TO INCREASE STATUTORY LIMIT 
              ON THE PUBLIC DEBT.

    (a) In General.--Title III of the Congressional Budget Act of 1974 
is amended by adding at the end the following new section:

``two-thirds recorded vote required to increase statutory limit on the 
                              public debt

    ``Sec. 316.  (a) In the House of Representatives.--(1) It shall not 
be in order in the House of Representatives to consider any bill or 
joint resolution, or amendment thereto or conference report thereon, 
that increases the statutory limit on the public debt if there is any 
other matter in such measure.
    ``(2) A bill or joint resolution, or amendment thereto or 
conference report thereon, that increases the statutory limit on the 
public debt may not be considered as passed or agreed to in the House 
of Representatives unless so determined by a recorded vote of not less 
than two-thirds of the Members voting, a quorum being present.
    ``(b) In the Senate.--(1) It shall not be in order in the Senate to 
consider any bill or joint resolution, or amendment thereto or 
conference report thereon, that increases the statutory limit on the 
public debt if there is any other matter in such measure.
    ``(2) A bill or joint resolution, or amendment thereto or 
conference report thereon, that increases the statutory limit on the 
public debt may not be considered as passed or agreed to in the Senate 
unless so determined by a roll call vote of not less than two-thirds of 
the Members voting, a quorum being present.
    ``(3) An affirmative roll call vote of two-thirds of the Members, 
duly chosen and sworn, shall be required in the Senate to sustain an 
appeal of the ruling of the Chair on a point of order raised under this 
subsection.''.
    (b) Conforming Amendment.--The table of contents set forth in 
section 1(b) of the Congressional Budget and Impoundment Control Act of 
1974 is amended by inserting after the item relating to section 315 the 
following new item:

``Sec. 316. Two-thirds recorded vote required to increase statutory 
                            limit on the public debt.''.

SEC. 3. REPEAL OF THE GEPHARDT RULE.

    Rule XXVIII of the Rules of the House of Representatives (relating 
to the statutory limit on the public debt) is repealed and rule XXIX is 
redesignated as rule XXVIII.
                                 <all>