[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 88 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. RES. 88
Establishing appropriate thresholds for certain budget points of order
in the Senate, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2023
Mr. Braun submitted the following resolution; which was referred to the
Committee on the Budget
_______________________________________________________________________
RESOLUTION
Establishing appropriate thresholds for certain budget points of order
in the Senate, and for other purposes.
Resolved,
SECTION 1. SHORT TITLE.
This resolution may be cited as the ``Make Rules Matter
Resolution''.
SEC. 2. THRESHOLDS FOR BUDGET POINTS OF ORDER.
(a) Threshold for Point of Order Against Emergency Designations.--
(1) Definition.--In this subsection, the term ``emergency
designation point of order'' means a point of order raised
under--
(A) section 314(e) of the Congressional Budget Act
of 1974 (2 U.S.C. 645(e));
(B) section 4(g)(3) of the Statutory Pay-As-You-Go
Act of 2010 (2 U.S.C. 933(g)(3)); or
(C) section 4001(a) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for
fiscal year 2022.
(2) Waiver.--In the Senate, an emergency designation point
of order may be waived or suspended only by the affirmative
vote of two-thirds of the Members, duly chosen and sworn.
(3) Appeal.--In the Senate, an affirmative vote of two-
thirds of the Members, duly chosen and sworn, shall be required
to sustain an appeal of the ruling of the Chair on an emergency
designation point of order.
(b) Threshold for Large Budget Impact for Certain Congressional
Budget Act of 1974 Points of Order.--
(1) In general.--A point of order described in paragraph
(3) may be waived or suspended in the Senate only by an
affirmative vote of two-thirds of the Members, duly chosen and
sworn.
(2) Appeal.--In the Senate, an affirmative vote of two-
thirds of the Members, duly chosen and sworn, shall be required
to sustain an appeal of the ruling of the Chair on a point of
order described in paragraph (3).
(3) Description of large budget impact.--A point of order
described in this paragraph is a point of order under section
302(f)(2) or 311(a)(2)(A) of the Congressional Budget Act of
1974 (2 U.S.C. 633(f)(2), 642(a)(2)(A)) against legislation
that would, within the time periods applicable to the point of
order, as determined by the Chairman of the Committee on the
Budget of the Senate, cause budget authority or outlays to
exceed the applicable allocation, suballocation, level, or
aggregate by more than $5,000,000,000.
(c) De Minimis Budget Impact.--For a violation for which the
absolute value of the violation is not more than $500,000, a point of
order shall not lie--
(1) under the Congressional Budget and Impoundment Control
Act of 1974 (2 U.S.C. 621 et seq.) (except for a point of order
under section 302 or 311 of such Act (2 U.S.C. 633, 642)); or
(2) under any concurrent resolution on the budget.
(d) Threshold for Increasing Short-Term Deficits.--
(1) Reduction in net increase in the deficit.--In the
Senate, section 404(a) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010, shall
be applied by substituting ``$1,000,000,000'' for
``$10,000,000,000''.
(2) Waiver and appeal for large budget impact in the
senate.--
(A) Waiver.--In the Senate, section 404(a) of S.
Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010, may be
waived or suspended by the affirmative vote of two-
thirds of the Members, duly chosen and sworn, if the
net increase in the deficit in any fiscal year exceeds
$10,000,000,000.
(B) Appeal.--In the Senate, an affirmative vote of
two-thirds of the Members, duly chosen and sworn, shall
be required to sustain an appeal of the ruling of the
Chair on a point of order raised under section 404(a)
of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010, if the
net increase in the deficit in any fiscal year exceeds
$10,000,000,000.
(e) Threshold for Increasing Long-Term Deficits.--
(1) Reduction in net increase in the deficit.--In the
Senate, subsections (a) and (b)(1) of section 3101 of S. Con.
Res. 11 (114th Congress), the concurrent resolution on the
budget for fiscal year 2016, shall each be applied by
substituting ``$1,000,000,000'' for ``$5,000,000,000''.
(2) Waiver and appeal for large budget impact in the
senate.--
(A) Waiver.--In the Senate, section 3101(b)(1) of
S. Con. Res. 11 (114th Congress), the concurrent
resolution on the budget for fiscal year 2016, may be
waived or suspended by the affirmative vote of two-
thirds of the Members, duly chosen and sworn, if the
net increase in on-budget deficits in any 10-fiscal-
year period exceeds $10,000,000,000.
(B) Appeal.--In the Senate, an affirmative vote of
two-thirds of the Members, duly chosen and sworn, shall
be required to sustain an appeal of the ruling of the
Chair on a point of order raised under section
3101(b)(1) of S. Con. Res. 11 (114th Congress), the
concurrent resolution on the budget for fiscal year
2016, if the net increase in on-budget deficits in any
10-fiscal-year period exceeds $10,000,000,000.
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