II 

Calendar No. 146 

117TH CONGRESS 

1ST SESSION S. 3005 

Establishing appropriate thresholds for certain budget points of order in 

the Senate, and for other purposes. 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

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

5 Act’’. 

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

7 (a) THRESHOLD FOR POINT OF ORDER AGAINST

8 EMERGENCY DESIGNATIONS.— 


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

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

3 point of order raised under— 

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

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

6 (B) section 4(g)(3) of the Statutory Pay7 As-You-Go Act of 2010 (2 U.S.C. 933(g)(3)); 

8 or 

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

10 (115th Congress), the concurrent resolution on 

11 the budget for fiscal year 2018. 

12 (2) WAIVER.—In the Senate, an emergency des13 ignation point of order may be waived or suspended 

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

15 Members, duly chosen and sworn. 

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

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

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

19 ruling of the Chair on an emergency designation 

20 point of order. 

21 (b) THRESHOLD FOR LARGE BUDGET IMPACT FOR

22 CERTAIN CONGRESSIONAL BUDGET ACT OF 1974 POINTS

23 OF ORDER.— 

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

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


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

2 the Members, duly chosen and sworn. 

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

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

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

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

7 paragraph (3). 

8 (3) DESCRIPTION OF LARGE BUDGET IM9 PACT.—A point of order described in this paragraph 

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

11 311(a)(2)(A) of the Congressional Budget Act of 

12 1974 (2 U.S.C. 633(f)(2), 642(a)(2)(A)) against leg13 islation that would, within the time periods applica14 ble to the point of order, as determined by the 

15 Chairman of the Committee on the Budget of the 

16 Senate, cause budget authority or outlays to exceed 

17 the applicable allocation, suballocation, level, or ag18 gregate by more than $5,000,000,000. 

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

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

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

22 (1) under the Congressional Budget and Im23 poundment Control Act of 1974 (2 U.S.C. 621 et 

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

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


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1 (2) under any concurrent resolution on the 

2 budget. 

3 (d) THRESHOLD FOR INCREASING SHORT-TERM

4 DEFICITS.— 

5 (1) REDUCTION IN NET INCREASE IN THE DEF6 ICIT.—In the Senate, section 404(a) of S. Con. Res. 

7 13 (111th Congress), the concurrent resolution on 

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

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

10 ‘‘$10,000,000,000’’. 

11 (2) WAIVER AND APPEAL FOR LARGE BUDGET

12 IMPACT IN THE SENATE.— 

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

14 404(a) of S. Con. Res. 13 (111th Congress), 

15 the concurrent resolution on the budget for fis16 cal year 2010, may be waived or suspended by 

17 the affirmative vote of two-thirds of the Mem18 bers, duly chosen and sworn, if the net increase 

19 in the deficit in any fiscal year exceeds 

20 $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 404(a) of S. Con. 


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1 Res. 13 (111th Congress), the concurrent reso2 lution on the budget for fiscal year 2010, if the 

3 net increase in the deficit in any fiscal year ex4 ceeds $10,000,000,000. 

5 (e) THRESHOLD FOR INCREASING LONG-TERM DEFI6 CITS.— 

7 (1) REDUCTION IN NET INCREASE IN THE DEF8 ICIT.—In the Senate, subsections (a) and (b)(1) of 

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

10 the concurrent resolution on the budget for fiscal 

11 year 2016, shall each be applied by substituting 

12 ‘‘$1,000,000,000’’ for ‘‘$5,000,000,000’’. 

13 (2) WAIVER AND APPEAL FOR LARGE BUDGET

14 IMPACT IN THE SENATE.— 

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

16 3101(b)(1) of S. Con. Res. 11 (114th Con17 gress), the concurrent resolution on the budget 

18 for fiscal year 2016, may be waived or sus19 pended by the affirmative vote of two-thirds of 

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

21 increase in on-budget deficits in any 10-fiscal22 year period exceeds $10,000,000,000. 

23 (B) APPEAL.—In the Senate, an affirma24 tive vote of two-thirds of the Members, duly 

25 chosen and sworn, shall be required to sustain 


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

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

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

4 resolution on the budget for fiscal year 2016, if 

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

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

7 SEC. 3. EFFECTIVE DATE. 

8 This Act shall take effect on the date of enactment 

9 of this Act. 


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Calendar No. 146 

117TH CONGRESS 

1ST SESSION S. 3005 

A BILL 

Establishing appropriate thresholds for certain 

other purposes. budget points of order in the Senate, and for 

OCTOBER 20, 2021 

Read the second time and placed on the calendar 


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