H. Con. Res. 71 (115th Congress)
Concurrent Resolution on the Budget for Fiscal Year 2018
TITLE IV—BUDGET PROCESS
SUBTITLE A—BUDGET ENFORCEMENT
SEC. 4106. PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE.
(a) Point of Order.—
(1) In general.—It shall not be in order in the Senate to consider any direct spending or revenue legislation that would increase the on-budget deficit or cause an on-budget deficit for any of the applicable time periods as measured in paragraphs (5) and (6).
(2) Applicable time periods.—For purposes of this subsection, the term “applicable time period” means any of—
(A) the period of the current fiscal year;
(B) the period of the budget year;
(C) the period of the current fiscal year, the budget year, and the ensuing 4 fiscal years following the budget year; or
(D) the period of the current fiscal year, the budget year, and the ensuing 9 fiscal years following the budget year.
(3) Direct spending legislation.—For purposes of this subsection and except as provided in paragraph (4), the term “direct spending legislation” means any bill, joint resolution, amendment, motion, or conference report that affects direct spending as that term is defined by, and interpreted for purposes of, the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.).
(4) Exclusion.—For purposes of this subsection, the terms “direct spending legislation” and “revenue legislation” do not include—
(A) any concurrent resolution on the budget; or
(B) any provision of legislation that affects the full funding of, and continuation of, the deposit insurance guarantee commitment in effect on November 5, 1990.
(5) Baseline.—Estimates prepared pursuant to this subsection shall—
(A) use the baseline surplus or deficit used for the most recently adopted concurrent resolution on the budget; and
(B) be calculated under the requirements of subsections (b) through (d) of section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (as in effect prior to September 30, 2002) for fiscal years beyond those covered by that concurrent resolution on the budget.
(6) Prior surplus.—If direct spending or revenue legislation increases the on-budget deficit or causes an on-budget deficit when taken individually, it must also increase the on-budget deficit or cause an on-budget deficit when taken together with all direct spending and revenue legislation enacted since the beginning of the calendar year not accounted for in the baseline under paragraph (5)(A), except that direct spending or revenue effects resulting in net deficit reduction enacted in any bill pursuant to a reconciliation instruction since the beginning of that same calendar year shall never be made available on the pay-as-you-go ledger and shall be dedicated only for deficit reduction.
(b) Supermajority Waiver and Appeals.—
(1) Waiver.—This section may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.
(2) Appeals.—Appeals in the Senate from the decisions of the Chair relating to any provision of this section shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. 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 this section.
(c) Determination of Budget Levels.—For purposes of this section, the levels of new budget authority, outlays, and revenues for a fiscal year shall be determined on the basis of estimates made by the Senate Committee on the Budget.
(d) Repeal.—In the Senate, section 201 of S. Con. Res. 21 (110th Congress), the concurrent resolution on the budget for fiscal year 2008, shall no longer apply.
[BCR § 010.43]