II
117th CONGRESS
2d Session
S. 4020
IN THE SENATE OF THE UNITED STATES
April 6, 2022
Mr. Braun (for himself, Mr. Scott of Florida, and Mr. Cruz) introduced the following bill; which was read twice and referred to the Committee on the Budget
A BILL
To require balanced budgets in concurrent resolutions on the budget, to establish limits on the waiver of budget points of order, and to prevent appropriations in excess of the amount authorized to be appropriated.
Short title
This Act may be cited as the Fight Inflation Through Balanced Budgets Act
.
Point of order against budget resolutions that do not include a balanced budget
Point of Order
It shall not be in order in the Senate to consider a concurrent resolution on the budget that does not reduce the deficit to zero on or before the end of the 9th fiscal year after the budget year.
Waiver and appeal
Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of two-thirds of the Members, duly chosen and sworn. An affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a).
Limits on waiver of budget points of order
Definition
In this section, the term budget point of order means a point of order under the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.), the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.), the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 et seq.), a concurrent resolution on the budget, or this Act.
Prohibition on waiving multiple points of order
In the Senate, it shall not be in order to move to waive more than 1 budget point of order with respect to a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report as part of a single motion, including a motion to waive all applicable budget points of order.
Prohibition on preemptive waivers
In the Senate, it shall not be in order to move to waive or suspend a budget point of order with respect to a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report unless the budget point of order has been specifically raised by a Senator.
No waiver
It shall not be in order to move to waive or suspend this section.
Point of order against appropriations in excess of the amount authorized to be appropriated
Point of order
In general
In the Senate, it shall not be in order to consider a provision in a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that would cause the total amount of funds appropriated for a program, project, or activity to exceed the amount authorized to be appropriated in statute for the program, project, or activity for the fiscal year. For purposes of this paragraph, if there is not an authorization of appropriations in statute for a program, project, or activity for a fiscal year, the amount authorized to be appropriated shall be $0.
Point of order sustained
If a point of order is made by a Senator against a provision described in paragraph (1), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor.
Form of the point of order
A point of order under subsection (a)(1) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 (2 U.S.C. 644(e)).
Conference reports
When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to subsection (a)(1), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order.
Supermajority waiver and appeal
In the Senate, this section may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chose and sworn. An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section.