What This Bill Does
This resolution establishes new voting thresholds for certain budget procedures in the Senate. The bill changes the rules for when senators can block or override budget-related objections by requiring higher majorities to do so.
Who It Affects
The Senate (the rules apply only to how Senate members conduct business).
Key Provisions
• Emergency spending designations can only be waived or suspended by a two-thirds vote of all senators present and voting (Sec. 2(a)(2)).
• Appeals about emergency spending designations must also be decided by a two-thirds vote of all senators (Sec. 2(a)(3)).
• Objections to bills that would exceed budget limits by more than $5 billion can only be waived or suspended by a two-thirds Senate vote (Sec. 2(b)(1) and (2)).
• Budget violations of $500,000 or less cannot trigger certain types of budget objections in the Senate (Sec. 2(c)).
• The threshold for short-term deficit increases is lowered from $10 billion to $1 billion, though a two-thirds vote can waive this rule if the deficit increase exceeds $10 billion (Sec. 2(d)).
What Changes
The bill requires higher voting majorities (two-thirds instead of simple majorities) to waive certain budget rules in the Senate. Small budget violations under $500,000 will no longer trigger objections. The Senate will enforce stricter thresholds on deficit increases.
Important Definitions
Emergency designation point of order: a formal objection raised in the Senate about spending labeled as an emergency (Sec. 2(a)(1)).
III
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,
1
SECTION 1. SHORT TITLE.
2
This resolution may be cited as the ‘‘Make Rules
3
Matter Resolution’’.
4
SEC. 2. THRESHOLDS FOR BUDGET POINTS OF ORDER.
5
(a) THRESHOLD FOR POINT OF ORDER AGAINST
6
EMERGENCY DESIGNATIONS.—
7
(1) DEFINITION.—In this subsection, the term
8
‘‘emergency designation point of order’’ means a
9
point of order raised under—
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•SRES 88 IS
(A) section 314(e) of the Congressional
1
Budget Act of 1974 (2 U.S.C. 645(e));
2
(B) section 4(g)(3) of the Statutory Pay-
3
As-You-Go Act of 2010 (2 U.S.C. 933(g)(3));
4
or
5
(C) section 4001(a) of S. Con. Res. 14
6
(117th Congress), the concurrent resolution on
7
the budget for fiscal year 2022.
8
(2) WAIVER.—In the Senate, an emergency des-
9
ignation point of order may be waived or suspended
10
only by the affirmative vote of two-thirds of the
11
Members, duly chosen and sworn.
12
(3) APPEAL.—In the Senate, an affirmative
13
vote of two-thirds of the Members, duly chosen and
14
sworn, shall be required to sustain an appeal of the
15
ruling of the Chair on an emergency designation
16
point of order.
17
(b) THRESHOLD FOR LARGE BUDGET IMPACT FOR
18
CERTAIN CONGRESSIONAL BUDGET ACT OF 1974 POINTS
19
OF ORDER.—
20
(1) IN GENERAL.—A point of order described in
21
paragraph (3) may be waived or suspended in the
22
Senate only by an affirmative vote of two-thirds of
23
the Members, duly chosen and sworn.
24
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•SRES 88 IS
(2) APPEAL.—In the Senate, an affirmative
1
vote of two-thirds of the Members, duly chosen and
2
sworn, shall be required to sustain an appeal of the
3
ruling of the Chair on a point of order described in
4
paragraph (3).
5
(3) DESCRIPTION
OF
LARGE
BUDGET
IM-
6
PACT.—A point of order described in this paragraph
7
is a point of order under section 302(f)(2) or
8
311(a)(2)(A) of the Congressional Budget Act of
9
1974 (2 U.S.C. 633(f)(2), 642(a)(2)(A)) against leg-
10
islation that would, within the time periods applica-
11
ble to the point of order, as determined by the
12
Chairman of the Committee on the Budget of the
13
Senate, cause budget authority or outlays to exceed
14
the applicable allocation, suballocation, level, or ag-
15
gregate by more than $5,000,000,000.
16
(c) DE MINIMIS BUDGET IMPACT.—For a violation
17
for which the absolute value of the violation is not more
18
than $500,000, a point of order shall not lie—
19
(1) under the Congressional Budget and Im-
20
poundment Control Act of 1974 (2 U.S.C. 621 et
21
seq.) (except for a point of order under section 302
22
or 311 of such Act (2 U.S.C. 633, 642)); or
23
(2) under any concurrent resolution on the
24
budget.
25
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•SRES 88 IS
(d) THRESHOLD
FOR
INCREASING
SHORT-TERM
1
DEFICITS.—
2
(1) REDUCTION IN NET INCREASE IN THE DEF-
3
ICIT.—In the Senate, section 404(a) of S. Con. Res.
4
13 (111th Congress), the concurrent resolution on
5
the budget for fiscal year 2010, shall be applied by
6
substituting
‘‘$1,000,000,000’’
for
7
‘‘$10,000,000,000’’.
8
(2) WAIVER AND APPEAL FOR LARGE BUDGET
9
IMPACT IN THE SENATE.—
10
(A) WAIVER.—In the Senate, section
11
404(a) of S. Con. Res. 13 (111th Congress),
12
the concurrent resolution on the budget for fis-
13
cal year 2010, may be waived or suspended by
14
the affirmative vote of two-thirds of the Mem-
15
bers, duly chosen and sworn, if the net increase
16
in the deficit in any fiscal year exceeds
17
$10,000,000,000.
18
(B) APPEAL.—In the Senate, an affirma-
19
tive vote of two-thirds of the Members, duly
20
chosen and sworn, shall be required to sustain
21
an appeal of the ruling of the Chair on a point
22
of order raised under section 404(a) of S. Con.
23
Res. 13 (111th Congress), the concurrent reso-
24
lution on the budget for fiscal year 2010, if the
25
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•SRES 88 IS
net increase in the deficit in any fiscal year ex-
1
ceeds $10,000,000,000.
2
(e) THRESHOLD FOR INCREASING LONG-TERM DEFI-
3
CITS.—
4
(1) REDUCTION IN NET INCREASE IN THE DEF-
5
ICIT.—In the Senate, subsections (a) and (b)(1) of
6
section 3101 of S. Con. Res. 11 (114th Congress),
7
the concurrent resolution on the budget for fiscal
8
year 2016, shall each be applied by substituting
9
‘‘$1,000,000,000’’ for ‘‘$5,000,000,000’’.
10
(2) WAIVER AND APPEAL FOR LARGE BUDGET
11
IMPACT IN THE SENATE.—
12
(A) WAIVER.—In the Senate, section
13
3101(b)(1) of S. Con. Res. 11 (114th Con-
14
gress), the concurrent resolution on the budget
15
for fiscal year 2016, may be waived or sus-
16
pended by the affirmative vote of two-thirds of
17
the Members, duly chosen and sworn, if the net
18
increase in on-budget deficits in any 10-fiscal-
19
year period exceeds $10,000,000,000.
20
(B) APPEAL.—In the Senate, an affirma-
21
tive vote of two-thirds of the Members, duly
22
chosen and sworn, shall be required to sustain
23
an appeal of the ruling of the Chair on a point
24
of order raised under section 3101(b)(1) of S.
25
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•SRES 88 IS
Con. Res. 11 (114th Congress), the concurrent
1
resolution on the budget for fiscal year 2016, if
2
the net increase in on-budget deficits in any 10-
3
fiscal-year period exceeds $10,000,000,000.
4
Æ
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