97-865 GOV
CRS Report for Congress
Received through the CRS Web
Points of Order in the
Congressional Budget Process
Updated April 15, 1999
James V. Saturno
Specialist on the Congress
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

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Points of Order in the Congressional Budget Process
Summary
The Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, as amended)
created a process that Congress uses each year to establish and enforce the parameters
for budgetary legislation. Enforcement is accomplished through the use of points of
order, and through the reconciliation process. Points of order are prohibitions against
certain types of legislation or congressional actions. These prohibitions are enforced
when a Member raises a point or order against legislation that may violate these rules
when it is considered by the House or Senate.
This report summarizes points of order under the Congressional Budget Act of
1974, as amended through the Balanced Budget Act of 1997 (P.L. 105-33), as well
as points of order established in the budget resolution adopted by Congress in 1999
(H.Con.Res. 68, 106 Congress). In addition, it describes the process used fo
th
r
waiving these points of order.
This report updates an earlier report: U.S. Library of Congress, Congressional
Research Service, Points of Order in the Congressional Budget Process, by Edward
Davis, CRS Report 94-874 GOV (Washington: Nov. 9, 1994). It will be updated to
reflect any additions or further changes to these points of order.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Application of Points of Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Procedures for Waiving Points of Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
List of Tables
Table 1. Points of Order Under the Congressional Budget Act of 1974 . . . . . . . 5
Table 2. Point of Order Under H.Con.Res. 68 (106 Congress)
th
(Budget Resolution for FY2000) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Table 3. Point of Order Under P.L. 101-508
(Budget Enforcement Act of 1990) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

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Points of Order in the
Congressional Budget Process
Introduction
The Congressional Budget Act of 19741 established the basic framework that is
used today for congressional consideration of budget and fiscal policy. The Act
provided for the adoption of a concurrent resolution on the budget (budget
resolution) as a mechanism for coordinating congressional budgetary decision making.
This process supplements other House and Senate procedures for considering
spending and revenue legislation by allowing Congress to establish and enforce
parameters with which those separate pieces of budgetary legislation must be
consistent. The parameters are established each year when Congress adopts the
budget resolution, setting forth overall levels for new budget authority, outlays,
revenues, deficit, and debt.
These overall levels are then allocated to the various committees in the House
and Senate responsible for spending or revenue legislation. These overall levels and
allocations are then enforced through the use of points of order, and through the
reconciliation process. Points of order are prohibitions against certain types o
2
f
legislation or congressional actions. These prohibitions are enforced when a Member
raises a point or order against legislation that is alleged to violate these rules when it
is considered by the House or Senate. Points of order are not self-enforcing. A point
of order must be raised by a Member on the floor of the chamber before the presiding
officer can rule on its application, and thus for its enforcement.
1The Congressional Budget Act (Titles I-IX of P.L. 93-344) has been amended on a
number of occasions since its enactment. The most salient of the modifications has been as
a result of the Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177,
also known as Gramm-Rudman-Hollings or GRH); The Balanced Budget and Emergency
Deficit Control Reaffirmation Act of 1987 (P.L. 100-119); The Budget Enforcement Act of
1990 (Title XIII of the Omnibus Budget Reconciliation Act of 1990, P.L. 101-508); Title XIV
of the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66); and Title X of the Balanced
Budget Act of 1997 (P.L. 105-33).
2The reconciliation process is an optional procedure set forth in section 310 of the
Congressional Budget Act. First used in 1980, reconciliation is a two-step process triggered
when the budget resolution includes instructions to one or more committee(s) directing them
to recommend changes in revenue or spending laws necessary to achieve the overall levels
agreed to. The recommendations are then considered in one or more reconciliation measures
under expedited procedures. Certain features of the reconciliation process are enforced by
points of order that are included in this report. For more on the reconciliation process
generally see: U.S. Library of Congress, Congressional Research Service, Manual on the
Federal Budget Process, by Robert Keith and Allen Schick, CRS Report 98-720 GOV
(Washington: Aug. 28, 1998).

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CRS-2
Although the congressional budget process encompasses myriad procedures
dealing with spending, revenue, and debt legislation, this paper focuses only on that
portion of the process that stems from the Congressional Budget Act. The tables
below list the points of order currently included in the Congressional Budget Act
(Table 1), as well as related points of order established in the FY2000 budget
resolution (Table 2) and the Budget Enforcement Act of 1990 (Table 3) that pertain
to the consideration, contents, or implementation of the budget resolution.
Points of order are typically in the form of a provision stating that “it shall not
be in order” for the House or Senate to take a specified action or consider certain
legislation that is inconsistent with the requirements of the Budget Act. There are
other provisions of the Act, formulated differently, that establish various requirements
or procedures, particularly concerning the contents and consideration of the budget
resolution or reconciliation legislation. These provisions, however, are not typically
enforced through points of order, and are not included here.3
As amended through the Balanced Budget Act of 1997, points of order in the
Congressional Budget Act are permanent. None of the provisions listed in Table 1
is scheduled to expire, although the requirement for a three-fifths waiver vote in the
Senate will revert to a simple majority requirement for certain provisions after
September 30, 2002. The f
4
reestanding point of order protecting the Social Security
trust fund in the House established in the Budget Enforcement Act (Table 3) is
likewise permanent. However, all three of the points of order established under
H.Con.Res. 68 (106 Congress) (Table
th
2) include sunset provisions. The prohibition
against including an on-budget deficit in a budget resolution applies to the FY2000
and FY2001 budget resolutions; the emergency designation point of order expires
upon the adoption of the FY2001 budget resolution and the Pay-As-You-Go point
of order is scheduled to expire after FY2002.
Application of Points of Order
Most points of order in the Budget Act apply to measures as a whole, as well as
to motions, amendments, or conference reports to those measures. When a point of
order is sustained against consideration of some matter, the effect is that the matter
in question falls.
For
3
example, the prohibition against motions to recommit concurrent resolutions on the
budget in the House under section 305(a)(2) of the Act is typically not counted as a separate
point of order. Likewise, the requirement under section 308(a) of the Act for reports on
legislation to include cost estimates is not formulated as a point of order, although the House
has deemed it necessary to formally waive the provision on occasion.
However,
4
the maximum deficit amounts enforced in the Senate under section 312(c) of
the Congressional Budget Act are not currently specified. Discretionary spending limits in
section 251(c) of the Balanced Budget and Emergency Deficit Control Act (which are
enforced in the Senate under section 312(b) of the Congressional Budget Act) are only
specified through FY2002.

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CRS-3
The application of points of order in the House is clarified in section 315 of the
Budget Act. This provision states that for cases in which a measure is considered
pursuant to a special rule, a point of order which would ordinarily lie against a bill “as
reported” would instead be considered to apply to the text made in order by the rule
as original text for purposes of amendment. In this way, no point of order would be
considered as applying (and no waiver would be required) if a substitute resolved the
problem.
Similarly, the effect of a point of order in the Senate is clarified under section
312(f) which provides that when a point of order against a measure is sustained, the
measure is recommitted to the appropriate committee for any further consideration.
This allows the Senate an opportunity to remedy the problem which caused the point
of order. Section 312(d) is also designed to provide the Senate with the opportunity
to remedy a problem that would provoke a point of order. This provision states that
a point of order may not be raised against a measure, amendment, motion, or
conference report while an amendment or motion which would remedy the problem
is pending.
Section 312(e) clarifies that any point of order which would apply in the Senate
against an amendment also applies against amendments between the Houses. Further,
this section also states that the effect would “be the same as if the Senate had
disagreed to the amendment.” This would allow the Senate to keep the underlying
measure pending, and thus retain the ability to resolve their differences with the
House. This provision therefore means that any resolution of the differences between
the House and Senate passed versions of a measure, whether it is in the form of a
conference report or not, must adhere to the provisions of the Budget Act.
There are exceptions to the general principle of applying points of order to
measures as a whole. The most salient is probably section 313, the so-called Byrd
Rule. This section applies to matter “contained in any title or provision” in a
reconciliation bill or resolution (or conference report thereon), as well as any
amendment or motion. If a point of order is sustained under this section, the
provision in question is stricken, or the amendment or motion falls.5 A second point
of order that applies to individual provisions rather than the measure as a whole is the
point of order against emergency designations in the Senate under section 206(b) of
H.Con.Res. 68 (106 Con
th
gress). If sustained, the effect of this point of order is that
a provision making an emergency designation shall be stricken and may not be offered
as an amendment from the floor.
Procedures for Waiving Points of Order
The Congressional Budget Act sets forth certain procedures, under section 904,
for waiving points of order under the Act. These waiver procedures apply in the
Senate only. Under these procedures, a Senator may make a motion to waive the
5Section 313(c) provides a special procedure for further consideration of a measure
should a point of order under this section be sustained against a provision in a conference
report.

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CRS-4
application of a point of order either preemptively before it can be raised, or after it
is raised, but before the presiding officer rules on its merits.
In the Senate, most points of order under the Budget Act may be waived only
by a three-fifths vote of all Senators duly chosen and sworn (60 votes if there are no
vacancies). Most of these three-fifths requirements are temporary, and are currently
scheduled to expire at the end of FY2002 (see footnote to Table 1). Three-fifths
waivers were first established under the Balanced Budget and Emergency Deficit
Control Act of 1985 although many have been extended and modified through the
further changes in the budget process. Three-fifths votes are also required for the
Senate to waive two of the points of order established in the budget resolution for
FY2000 (see footnotes to Table 2).
In the House, Budget Act points of order are typically waived by the adoption
of “special rules”—simple resolutions reported from the House Rules Committee to
provide for consideration of legislation by the House—although other means (such
as unanimous consent or suspension of the rules) may also be used.

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CRS-5
Table 1. Points of Order Under the Congressional Budget Act of 1974
Section
Description
Application
Senate
waiver vote
a
301(g)
In the Senate, prohibits
Budget
Simple
consideration of a budget
resolution,
majority.
resolution using more than one set
amendment, or
of economic assumptions.
conference
report.
301(i)
In the Senate, prohibits
Budget
Three-fifths.*
consideration of a budget
resolution,
resolution that would decrease the
amendment,
Social Security surplus in any
motion, or
fiscal year covered by the
conference
resolution.
report.
302(c)
Prohibits the consideration of any
Bill, joint
Three-fifths.*
measure within the jurisdiction of
resolution,
the House or Senate
amendment,
Appropriations Committees that
motion, or
provides new budget authority for
conference
a fiscal year until the committee
report.
makes the suballocation required
by section 302(b).
302(f)(1)
In the House, after action on a
Bill, joint
n/a
budget resolution is completed,
resolution,
prohibits consideration of
amendment, or
legislation providing new budget
conference
authority for any fiscal year that
report.
would cause the applicable
allocation of new budget authority
made pursuant to section 302(a) or
(b) for the first fiscal year or for
the total of all fiscal years to be
exceeded.b
302(f)(2)(A)
In the Senate, after a budget
Bill, joint
Three-fifths.*
resolution is agreed to, prohibits
resolution,
consideration of legislation (from
amendment,
any committee other than the
motion, or
Appropriations Committee) that
conference
would cause the applicable
report.
allocation of new budget authority
or outlays made pursuant to
section 302(a) for the first fiscal
year or for the total of all fiscal
years to be exceeded.

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CRS-6
Section
Description
Application
Senate
waiver vote
a
302(f)(2)(B)
In the Senate, after a budget
Bill, joint
Three-fifths.*
resolution has been agreed to,
resolution,
prohibits consideration of
amendment,
legislation from the Appropriations
motion, or
Committee that would cause the
conference
applicable suballocation of new
report.
budget authority or outlays made
pursuant to section 302(b) to be
exceeded.
303(a)
Prohibits consideration of
Bill, joint
Simple
legislation providing new budget
resolution,
majority.
authority, an increase or decrease
amendment,
in revenues, an increase or
motion, or
decrease in the public debt limit,
conference
new entitlement authority (in the
report.
Senate only), or an increase or
decrease in outlays (in the Senate
only) for a fiscal year until a
concurrent resolution for that fiscal
year (or, in the Senate, a budget
resolution covering that fiscal year)
has been agreed to.b, c
305(a)(4)
In the House, prohibits
Amendment to
n/a
consideration of amendments to a
a budget
budget resolution relating to
resolution.
certain economic goals if the
budget resolution does not set forth
such goals, and requires such
amendments, if in order, to be
germane.
305(b)(2)
In the Senate, prohibits the
Amendment to
Three-fifths.
consideration of nongermane
a budget
amendments to budget resolutions
resolution
(section 310(e) applies this
(or to
prohibition to amendments to
reconciliation
reconciliations legislation as well).
legislation).
305(c)(4)
In the Senate, prohibits
Amendment in
Three-fifths.
consideration of nongermane
disagreement to
amendments to amendments in
a budget
disagreement to a budget resolution
resolution
(section 310(e) applies this
(or to
prohibition to amendments in
reconciliation
disagreement to reconciliation
legislation).
legislation as well).

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CRS-7
Section
Description
Application
Senate
waiver vote
a
305(d)
In the Senate, prohibits a vote on a
Budget
Simple
budget resolution unless the figures
resolution or
majority.
contained in the resolution are
conference
mathematically consistent.
report.
306
Prohibits consideration of matters
Bill, resolution,
Three-fifths.
within the jurisdiction of the House
amendment,
or Senate Budget Committee
motion, or
except when it is a measure
conference
reported by the committee, or the
report.
committee is discharged from
further consideration of the
measure, or an amendment to such
a measure.
309
In the House, prohibits
Resolution.
n/a
consideration of an adjournment
resolution for more than three
calendar days during July until the
House has approved all regular
appropriations bills for the
upcoming fiscal year.
310(d)
Prohibits the consideration of
Amendment.
Three-fifths.
amendments to reconciliation
legislation that would increase the
deficit either by increasing outlays
or reducing revenues, except that
in the Senate a motion to strike a
provision shall always be in order.
310(e)
In the Senate, prohibits
Amendment.
Three-fifths.
consideration of nongermane
amendments to reconciliation
legislation or to amendments in
disagreement to reconciliation (by
reference to sections 305(b)(2) and
305(c)(4)).
310(f)
In the House, prohibits
Resolution.
n/a
consideration of an adjournment
resolution of more than three
calendar days during July until the
House has completed action on any
required reconciliation legislation.

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CRS-8
Section
Description
Application
Senate
waiver vote
a
310(g)
Prohibits the consideration of
Bill, joint
Three-fifths.*
reconciliation legislation that
resolution,
contains recommendations with
amendment,
respect to Social Security.
motion, or
conference
report.
311(a)(1)
In the House, prohibits
Bill, joint
n/a
consideration of legislation that
resolution,
would cause new budget authority
amendment,
or outlays to exceed or revenues to
motion, or
fall below the levels set forth in the
conference
budget resolution for the first fiscal
report.
year or for the total of all fiscal
years for which allocations are
made pursuant to section 302(a).b, d
311(a)(2)
In the Senate, prohibits
Bill, joint
Three-fifths.*
consideration of legislation that
resolution,
would cause new budget authority
amendment,
or outlays to exceed the levels set
motion, or
forth in the budget resolution for
conference
the first fiscal year, or revenues to
report.
fall below the levels set forth in the
budget resolution for the first fiscal
year or for the total of all fiscal
years for which allocations are
made pursuant to section 302(a).
311(a)(3)
In the Senate, prohibits
Bill, joint
Three-fifths.*
consideration of legislation that
resolution,
would cause a decrease in Social
amendment,
Security surpluses or an increase in
motion, or
Social Security deficits relative to
conference
the level set forth in the budget
report.
resolution for the first fiscal year
or for the total of all fiscal years
for which allocations are made
pursuant to section 302(a).
312(b)
In the Senate, prohibits the
Bill, joint
Three-fifths.*
consideration of legislation that
resolution,
would cause any of the
amendment,
discretionary spending limits
motion, or
specified in section 251(c) of the
conference
Balanced Budget and Emergency
report.
Deficit Control Act of 1985, as
amended, to be exceeded.

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CRS-9
Section
Description
Application
Senate
waiver vote
a
312(c)
In the Senate, prohibits
Budget
Three-fifths.*
consideration of a budget
resolution,
resolution that provides for a
amendment, or
deficit in excess of the maximum
conference
deficit amount specified in the
report.
Balanced Budget and Emergency
Deficit Control Act of 1985, as
amended, for the first fiscal year
set forth in the resolution.
313
In the Senate prohibits
Reconciliation
Three-fifths.
consideration of extraneous
bill or
provisions in reconciliation
resolution (any
legislation.e
title or
provision),
amendment,
motion, or
conference
report.
401(a)
Prohibits consideration of
Bill, joint
Simple
legislation providing new contract
resolution,
majority.
authority, borrowing authority, or
amendment,
credit authority not limited to
motion, or
amounts provided in
conference
appropriations acts.f
report.
401(b)
Prohibits consideration of
Bill, joint
Simple
legislation providing new
resolution,
majority.
entitlement authority that is to
amendment,
become effective during the current
motion, or
fiscal year.f
conference
report.
425(a)(1)
Prohibits consideration of
Bill, joint
Simple
legislation reported by a committee
resolution.
majority.
unless the committee has published
a statement by CBO on the direct
costs.
425(a)(2)
Prohibits consideration of
Bill, joint
Simple
legislation that would increase the
resolution,
majority.
direct costs of federal
amendment,
intergovernmental mandates by an
motion, or
amount greater than the thresholds
conference
specified in section 424(a).
report.
426
In the House, prohibits
Resolution,
n/a
consideration of a rule or order that
rule, order.
would waive the application of
section 425.

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CRS-10
aThis column indicates the type of Senate vote (provided under section 904 of the
Congressional Budget Act) necessary to approve a motion to waive the point of order listed. The
term “simple majority” means that the provision may be waived by a majority vote of the Members
voting, a quorum being present. The term “three-fifths” means that a motion to waive the provision
must be approved by three-fifths of the Members “duly chosen and sworn.” For those provisions,
which are marked with an asterisk, the three-fifths requirement is scheduled to expire on September
30, 2002 (under section 904(e)), reverting to simple majority at that time. The same voting
requirement (either simple majority or three-fifths) would also apply to a vote to appeal a ruling of
the chair connected with a point of order. The term “n/a” is used for those provisions that apply in
the House only.
bSection 302(g) of the Congressional Budget Act (known as the Pay-As-You-Go exception)
provides that sections 301(f)(1), 303(a) (after April 15), and 311(a) shall not apply in the House to
legislation (bill, joint resolution, amendment, or conference report) if for each fiscal year covered by
the most recently agreed to budget resolution such legislation would not increase the deficit if added
to other changes in revenues or direct spending provided in the budget resolution pursuant to pay-as-
you-go procedures included under section 301(b)(8).
Section
c
303(b) sets forth exceptions to the prohibitions under 303(a). In the House, the point
of order does not apply to: 1) advance discretionary new budget authority that first become available
for the first or second fiscal year after the first fiscal year covered in a budget resolution; 2) revenue
legislation that is to first become effective after the first fiscal year covered in a budget resolution;
3) general appropriations bills after May 15; or 4) any bill or joint resolution unless it is reported by
a committee (see also table note above for an addi
b
tional exception to 303(a) provided under section
302(g)). In the Senate, the point of order does not apply to advance appropriations for the first or
second fiscal year after the first fiscal year covered in a budget resolution. The application of this
point of order to appropriations bills in the Senate is clarified under section 303(c) to prohibit their
consideration until after a budget resolution for that fiscal year is agreed to and an allocation made
pursuant to section 302(a).
Section
d
311(c) provides that 311(a) shall not apply in the House to legislation that would not
cause a committee's spending allocation under 302(a) to be exceeded.
For
e
more information on this provision (known as the “Byrd Rule”) see: U.S. Library of
Congress, Congressional Research Service, The Senate’s Byrd Rule Against Extraneous Matter in
Reconciliation Measures, by Robert Keith, CRS Report 97-688 GOV (Washington: September 9,
1998).
fSection 401(d) provides that sections 401(a) and 401(b) shall not apply to new spending
authority described in those sections that flow from: 1) a trust fund established under the Social
Security Act or any other trust fund for which 90 percent or more of its expenditures are supported
by dedicated revenues; 2) certain wholly owned or mixed ownership government corporations; or 3)
gifts or bequests made to the United States for a specific purpose.

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Table 2. Points of Order Under H.Con.Res. 68 (106th Congress)
(Budget Resolution for FY2000)
Section
Description
Application
Senate
waiver votea
201(b)
Prohibits consideration of a budget
Budget
n/a
resolution that sets forth an on-
resolution
budget deficit (i.e., that excludes
(including any
any surplus generated by Social
revision),
Security).b
amendment, or
conference
report.
206(b)
In the Senate, prohibits
Bill, resolution,
Three-fifths.
consideration of provisions that
amendment,
include an emergency designation
motion, or
under sections 251(b)(2)(A) or
conference
252(e) of the Balanced Budget and
report.
Emergency Deficit Control Act of
1985 (except for discretionary
appropriations for defense).c
207(b)
In the Senate, prohibits
Bill, joint
Three-fifths.
consideration of any direct
resolution,
spending or revenue legislation that
amendment,
would increase or cause an on-
motion, or
budget deficit for the first fiscal
conference
year covered by the most recently
report.
adopted budget resolution, the
period of the first five fiscal years
covered by the most recently
adopted budget resolution, or the
five fiscal years following the first
five fiscal years covered by the
most recently adopted budget
resolution.d
This
a
column indicates the type of Senate vote necessary to approve a motion to waive the point
of order listed. The term “three-fifths” means that a motion to waive the provision must be approved
by three-fifths of the Members “duly chosen and sworn.” The same voting requirement would also
apply to a vote to appeal a ruling of the chair connected with the point of order. The term “n/a”
means that there is no explicit waiver provision for this section, although the rule could be waived
or changed under the regular rulemaking authority of either chamber.
bThis provision applies to any fiscal year covered in the budget resolutions for FY2000 and
FY2002.
This
c
provision applies only to the emergency designation, and not to the spending itself. It
is scheduled to expire upon the adoption of the budget resolution for FY2001 (under section 206(h)
of this budget resolution).
d This provision is scheduled to expire on September 30, 2002 (under section 207(g) of this
budget resolution).

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Table 3. Point of Order Under P.L. 101-508
(Budget Enforcement Act of 1990)a
Section
Description
Application
Senate
waiver vote
13302(a)
In the House, prohibits
Bill, joint
n/a
consideration of legislation that
resolution,
would provide for a net increase in
amendment, or
Social Security benefits or
conference
decrease in Social Security taxes in
report.
excess of 0.02 percent of the
present value of future taxable
payroll for a 75-year period, or in
excess of $250,000,000 for the
first 5-year period after it becomes
effective.b
This
a
provision is a freestanding provision of subtitle C of the Budget Enforcement Act of 1990
(Title XIII of the Omnibus Budget Reconciliation Act of 1990).
Section
b
13302(b) provides that the point of order would not apply to legislation that reduces
Social Security taxes in excess of the threshold amounts if these reductions are offset by equivalent
increases in medicare taxes.

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