II
Calendar No. 146
117th CONGRESS
1st Session
S. 3005
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
Establishing appropriate thresholds for certain budget points of order in the Senate, and for other purposes.
Short title
This Act may be cited as the Make Rules Matter Act
.
Thresholds for budget points of order
Threshold for point of order against emergency designations
Definition
In this subsection, the term emergency designation point of order means a point of order raised under—
section 314(e) of the Congressional Budget Act of 1974 (2 U.S.C. 645(e));
section 4(g)(3) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)(3)); or
section 4112(e) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.
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.
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.
Threshold for large budget impact for certain Congressional Budget Act of 1974 points of order
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.
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).
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.
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—
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
under any concurrent resolution on the budget.
Threshold for increasing short-Term deficits
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
.
Waiver and appeal for large budget impact in the Senate
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.
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.
Threshold for increasing long-Term deficits
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
.
Waiver and appeal for large budget impact in the Senate
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.
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.
Effective date
This Act shall take effect on the date of enactment of this Act.
October 20, 2021
Read the second time and placed on the calendar