Senate rejects a budget waiver for the amendment to bar reconciliation legislation that does not lower out-of-pocket health costs
On the Motion (Motion to Waive All Applicable Budgetary Discipline Re: Schumer Amdt. No. 4799)
APR 22, 2026 · 9:36 PM ET
Party-line vote, except 2 Republicans who crossed. 12 votes short of the 60 needed.
What the Senate was voting on
The Senate voted on whether to set aside applicable budget rules for S.Amdt. 4799, an amendment to S.Con.Res. 33. The resolution would establish federal budget levels through 2035 and provide instructions for legislation that increases the deficit. The motion was rejected, with supporters 12 votes short of the 60 needed.
Set aside the applicable budget rules for S.Amdt. 4799 so the Senate could consider it.
Keep the applicable budget rules in place for S.Amdt. 4799.
Creates a Senate point of order against considering reconciliation bills and related amendments that do not lower out-of-pocket health care costs; waiving the rule or sustaining an appeal requires a three-fifths vote.
Agreed to by both chambers on April 29, 2026. Concurrent resolutions do not go to the President.
- VP
- The Vice President can break ties on simple-majority votes, not on 60-vote ones.
60 is three-fifths of the 100 senators sworn in. Waiving a Budget Act limit takes three-fifths of sworn senators, not of those voting.
- VP
- The Vice President can break ties on simple-majority votes, not on 60-vote ones.
Party line, with 2 Republicans crossing2 Republicans crossed. It wasn’t enough.
Every vote on S.Con.Res. 33, in both chambersFailed in the Senate. Passed the House.
CHAMBER CONTRASTThe Senate rejected it 48–50 on April 22, 12 short of the 60 needed, with 2 Republicans voting yes. The House agreed to it 215–211 on April 29.
- APR 21Discharged from committeeDISCHARGED
- APR 21#87Motion to proceedAGREED TO52–46
- APR 22#89THIS VOTEBudget waiver for the amendment to bar reconciliation legislation that does not lower out-of-pocket health costsFAILED48–5012 votes short of the 60 needed.
- APR 23#105On adoptionPASSED50–48
