III 

116TH CONGRESS 

1ST SESSION S. RES. 287 

Establishing appropriate thresholds for certain budget points of order in 

the Senate, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2019 

Mr. BRAUN (for himself and Ms. ERNST) 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. 

1 Resolved, 

2 SECTION 1. SHORT TITLE. 

3 This Act may be cited as the ‘‘Make Rules Matter 

4 Act’’. 

5 SEC. 2. THRESHOLDS FOR BUDGET POINTS OF ORDER. 

6 (a) THRESHOLD FOR POINT OF ORDER AGAINST

7 EMERGENCY DESIGNATIONS.— 

8 (1) DEFINITION.—In this subsection, the term 

9 ‘‘emergency designation point of order’’ means a 

10 point of order raised under— 


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•SRES 287 IS 

1 (A) section 314(e) of the Congressional 

2 Budget Act of 1974 (2 U.S.C. 645(e)); 

3 (B) section 4(g)(3) of the Statutory Pay4 As-You-Go-Act of 2010 (2 U.S.C. 933(g)(3)); 

5 or 

6 (C) section 4112(e) of H. Con. Res. 71 

7 (115th Congress), the concurrent resolution on 

8 the budget for fiscal year 2018. 

9 (2) WAIVER.—In the Senate, an emergency des10 ignation point of order may be waived or suspended 

11 only by the affirmative vote of two-thirds of the 

12 Members, duly chosen and sworn. 

13 (3) APPEAL.—In the Senate, an affirmative 

14 vote of two-thirds of the Members, duly chosen and 

15 sworn, shall be required to sustain an appeal of the 

16 ruling of the Chair on an emergency designation 

17 point of order. 

18 (b) THRESHOLD FOR LARGE BUDGET IMPACT FOR

19 CERTAIN CONGRESSIONAL BUDGET ACT OF 1974 POINTS

20 OF ORDER.— 

21 (1) IN GENERAL.—A point of order described in 

22 paragraph (3) may be waived or suspended in the 

23 Senate only by an affirmative vote of two-thirds of 

24 the Members, duly chosen and sworn. 


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•SRES 287 IS 

1 (2) APPEAL.—In the Senate, an affirmative 

2 vote of two-thirds of the Members, duly chosen and 

3 sworn, shall be required to sustain an appeal of the 

4 ruling of the Chair on a point of order described in 

5 paragraph (3). 

6 (3) DESCRIPTION OF LARGE BUDGET IM7 PACT.—A point of order described in this paragraph 

8 is a point of order under section 302(f)(2) or 

9 311(a)(2)(A) of the Congressional Budget Act of 

10 1974 (2 U.S.C. 633(f)(2), 642(a)(2)(A)) against leg11 islation that would, within the time periods applica12 ble to the point of order, as determined by the 

13 Chairman of the Committee on the Budget of the 

14 Senate, cause budget authority or outlays to exceed 

15 the applicable allocation, suballocation, level, or ag16 gregate by more than $5,000,000,000. 

17 (c) DE MINIMIS BUDGET IMPACT.—For a violation 

18 for which the absolute value of the violation is not more 

19 than $500,000, a point of order shall not lie— 

20 (1) under the Congressional Budget and Im21 poundment Control Act of 1974 (2 U.S.C. 621 et 

22 seq.) (except for a point of order under section 302 

23 or 311 of such Act (2 U.S.C. 633, 642)); or 

24 (2) under any concurrent resolution on the 

25 budget. 


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•SRES 287 IS 

1 (d) THRESHOLD FOR INCREASING SHORT-TERM

2 DEFICITS.— 

3 (1) REDUCTION IN NET INCREASE IN THE DEF4 ICIT.—In the Senate, section 404(a) of S. Con. Res. 

5 13 (111th Congress), the concurrent resolution on 

6 the budget for fiscal year 2010, shall be applied by 

7 substituting ‘‘$1,000,000,000’’ for 

8 ‘‘$10,000,000,000’’. 

9 (2) WAIVER AND APPEAL FOR LARGE BUDGET

10 IMPACT IN THE SENATE.— 

11 (A) WAIVER.—In the Senate, section 

12 404(a) of S. Con. Res. 13 (111th Congress), 

13 the concurrent resolution on the budget for fis14 cal year 2010, may be waived or suspended by 

15 the affirmative vote of two-thirds of the Mem16 bers, duly chosen and sworn, if the net increase 

17 in the deficit in any fiscal year exceeds 

18 $10,000,000,000. 

19 (B) APPEAL.—In the Senate, an affirma20 tive vote of two-thirds of the Members, duly 

21 chosen and sworn, shall be required to sustain 

22 an appeal of the ruling of the Chair on a point 

23 of order raised under section 404(a) of S. Con. 

24 Res. 13 (111th Congress), the concurrent reso25 lution on the budget for fiscal year 2010, if the 


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•SRES 287 IS 

1 net increase in the deficit in any fiscal year ex2 ceeds $10,000,000,000. 

3 (e) THRESHOLD FOR INCREASING LONG-TERM DEFI4 CITS.— 

5 (1) REDUCTION IN NET INCREASE IN THE DEF6 ICIT.—In the Senate, subsections (a) and (b)(1) of 

7 section 3101 of S. Con. Res. 11 (114th Congress), 

8 the concurrent resolution on the budget for fiscal 

9 year 2016, shall each be applied by substituting 

10 ‘‘$1,000,000,000’’ for ‘‘$5,000,000,000’’. 

11 (2) WAIVER AND APPEAL FOR LARGE BUDGET

12 IMPACT IN THE SENATE.— 

13 (A) WAIVER.—In the Senate, section 

14 3101(b)(1) of S. Con. Res. 11 (114th Con15 gress), the concurrent resolution on the budget 

16 for fiscal year 2016, may be waived or sus17 pended by the affirmative vote of two-thirds of 

18 the Members, duly chosen and sworn, if the net 

19 increase in on-budget deficits in any 10-fiscal20 year period exceeds $10,000,000,000. 

21 (B) APPEAL.—In the Senate, an affirma22 tive vote of two-thirds of the Members, duly 

23 chosen and sworn, shall be required to sustain 

24 an appeal of the ruling of the Chair on a point 

25 of order raised under section 3101(b)(1) of S. 


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•SRES 287 IS 

1 Con. Res. 11 (114th Congress), the concurrent 

2 resolution on the budget for fiscal year 2016, if 

3 the net increase in on-budget deficits in any 10- 

4 fiscal-year period exceeds $10,000,000,000. 

Æ 


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