Make Rules Matter Act

Establishing appropriate thresholds for certain budget points of order in the Senate, and for other purposes. 1. Short title This Act may be cited as the Make Rules Matter Act 2. Thresholds for budget points of order (a) Threshold for point of order against emergency designations (1) Definition In this subsection, the term emergency designation point of order (A) section 314(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 645(e) (B) section 4(g)(3) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g)(3) (C) section 4112(e) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. (2) 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. (3) 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. (b) Threshold for large budget impact for certain Congressional Budget Act of 1974 points of order (1) 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. (2) 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). (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) (c) 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— (1) under the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 621 et seq. 2 U.S.C. 633 (2) under any concurrent resolution on the budget. (d) Threshold for increasing short-Term deficits (1) 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 $10,000,000,000 (2) Waiver and appeal for large budget impact in the Senate (A) 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. (B) 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. (e) Threshold for increasing long-Term deficits (1) 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 $5,000,000,000 (2) Waiver and appeal for large budget impact in the Senate (A) 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. (B) 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. 3. 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

Summary: Make Rules Matter Act This bill modifies the requirements for raising and waiving several budget points of order that apply to legislation in the Senate. Among other modifications, the bill requires an affirmative vote of two-thirds of the Senate to waive certain budget points of order. (Under current law, most budget points of order may be waived by a vote of three-fifths of the Senate.)