H. Con. Res. 71 (115th Congress)

Concurrent Resolution on the Budget for Fiscal Year 2018

Section 4102

TITLE IV—BUDGET PROCESS
SUBTITLE A—BUDGET ENFORCEMENT
SEC. 4102. POINT OF ORDER AGAINST CERTAIN CHANGES IN MANDATORY PROGRAMS.

(a) Definition.—In this section, the term “CHIMP” means a provision that—

(1) would have been estimated as affecting direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) (as in effect prior to September 30, 2002) if the provision was included in legislation other than appropriation Acts; and

(2) results in a net decrease in budget authority in the budget year, but does not result in a net decrease in outlays over the period of the total of the current year, the budget year, and all fiscal years covered under the most recently adopted concurrent resolution on the budget.

(b) Point of Order in the Senate.—

(1) In general.—It shall not be in order in the Senate to consider a bill or joint resolution making appropriations for a full fiscal year, or an amendment thereto, amendment between the Houses in relation thereto, conference report thereon, or motion thereon, that includes a CHIMP that, if enacted, would cause the absolute value of the total budget authority of all such CHIMPs enacted in relation to a full fiscal year to be more than the amount specified in paragraph (2).

(2) Amount.—The amount specified in this paragraph is—

(A) for fiscal year 2018, $17,000,000,000;

(B) for fiscal year 2019, $15,000,000,000; and

(C) for fiscal year 2020, $15,000,000,000.

(c) Determination.—For purposes of this section, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate.

(d) Supermajority Waiver And Appeal in the Senate.—In the Senate, subsection (b) may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths 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 (b).

(e) Senate Point of Order Against Provisions of Appropriations Legislation That Constitute Changes in Mandatory Programs With Net Costs.—

(1) In general.—Section 3103 of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, is repealed.

(2) Applicability.—In the Senate, section 314 of S. Con. Res. 70 (110th Congress), the concurrent resolution on the budget for fiscal year 2009, shall be applied and administered as if section 3103(e) of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, had not been enacted.

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H. Con. Res. 71 (Final)

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H. Con. Res. 71 (Final)

[BCR  § 010.43]