Order Code 97-865 GOV
Report for Congress
Received through the CRS Web
Points of Order in the
Congressional Budget Process
Updated June 3, 2003
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 of 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, as well as related points of order established in the Budget
Enforcement Act of 1990 (P.L. 101-508) and those established in the budget
resolution adopted by Congress in 2003 (H.Con.Res. 95, 108th Congress). In
addition, it describes how points of order are applied and the processes used for their
waiver in the House and Senate.
This report 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Procedures for Waiving Points of Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
List of Tables
Table 1. Points of Order Under the Congressional Budget
Act of 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Table 2. Points of Order Under H.Con.Res. 95 (108th Congress)
(Budget Resolution for FY2004) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Table 3. Point of Order Under P.L. 101-508
(Budget Enforcement Act of 1990) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

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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 spending levels are then allocated to the various committees in the
House and Senate responsible for spending legislation. The overall levels and
allocations are then enforced through the use of points of order, and through
implementing legislation, such as that enacted through the reconciliation process.2
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 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 Sec. 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 CRS Report 98-720, Manual on the Federal Budget Process, by
Robert Keith and Allen Schick.

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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 FY2004 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 for some points of order the requirement for a three-
fifths waiver vote in the Senate is not permanent. For points of order identified in
Section 904(c)(2) the three-fifths requirement is currently scheduled to expire
September 30, 2008.4 In addition, several points of order have limited applicability
or have been rendered moot by the expiration of limits they were intended to
enforce.5 The freestanding point of order protecting the Social Security trust fund in
the House established in the Budget Enforcement Act (Table 3) is permanent.
However, other points of order established under recent budget resolutions have
various sunset provisions or limited application (see Table 2 for current examples).
3For 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.
4As originally provided in Title X of the Balanced Budget Act of 1997, the three-fifths
requirement expired on Sept. 30, 2002. The Senate subsequently adopted S.Res. 304 on
Oct. 16, 2002, renewing the three-fifths requirement for all of the points of order identified
in Sec. 904(c)(2) (except for Sec. 302(f)(2)(B)) through Apr. 15, 2003. The current
expiration of Sept. 30, 2008, is established in Sec. 503 of H.Con.Res. 95 (108th Congress).
5The expiation of the provisions of the Balanced Budget and Emergency Deficit Control Act
has rendered a number of points of order moot. For example, points of order provided in
the Congressional Budget Act to allow the Senate to enforce discretionary spending limits
(Sec. 312(b)) or maximum deficit amounts (Sec. 312(c)) have been rendered moot because
no statute currently specifies such a limit or amount. Likewise, the expiration of procedures
provided in Secs. 251 and 252 of the Balanced Budget and Emergency Deficit Control Act
renders moot the point of order established in H.Con.Res. 290 (106th Congress) concerning
the use of emergency designations in the Senate to exempt spending so designated from
certain procedural consequences.

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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.
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, only the
provision in question is stricken, or the amendment or motion falls.6 Several of the
points of order in the Senate established under recent budget resolutions (currently
sections 501(b) and 502(c) of H.Con.Res. 95 (108th Congress)) have been written so
that they apply to individual provisions rather than the measure as a whole, in the
manner provided in Section 313(e) of the Budget Act. The point of order against
emergency spending designations (Section 502(c)(5) of H.Con.Res. 95 (108th
Congress)) further provides that, if sustained, the effect of this point of order is that
6Section 313(d) 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
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
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.7
In the Senate, most points of order under the Budget Act may be waived by a
vote of at least three-fifths of all Senators duly chosen and sworn (60 votes if there
are no vacancies) (see 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, and
are currently scheduled to expire September 30, 2008.8 A three-fifths threshold has
also been required for the Senate to waive the application of many of the points of
order established in recent budget resolutions, including the current PAYGO point
of order, established in H.Con.Res. 95 (108th Congress). As with other provisions of
Senate rules, Budget Act points of order also may be waived by unanimous consent.
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. A waiver may
be used to protect a bill, specified provision(s) in a bill, or an amendment from a
point of order that could be raised against it. Waivers may be granted for one or
more amendments even if they are not granted for the underlying bill. The House
may waive the application of one or more specific points of order, or they may
include a “blanket waiver,” that is, a waiver that would protect a bill, provision, or
amendment from any point of order.
7In the case of points of order under Sect. 313 of the Budget Act (and by extension, under
Secs. 501(b) and 502(c) of H.Con.Res. 95 (108th Congress) as well), a single point of order
may be raised against several provisions. The Presiding Officer may sustain the point of
order “as to some or all of the provisions,” and a motion to waive the point of order may,
likewise, be made concerning some or all of the provisions against which the point of order
was raised.
8As originally provided in Title X of the Balanced Budget Act of 1997, the three-fifths
requirement expired on Sept. 30, 2002. The Senate subsequently adopted S.Res. 304 on
Oct. 16, 2002, renewing the three-fifths requirement for all of the points of order identified
in Sec. 904(c)(2) (except for Sec. 302(f)(2)(B)) through Apr. 15, 2003. The current
expiration of Sept. 30, 2008, is established in Sec. 503 of H.Con.Res. 95 (108th Congress).

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Table 1. Points of Order Under the Congressional Budget
Act of 1974
Senate
Section
Description
Application
Waiver Votea
301(g)
In the Senate, prohibits consideration
Budget
Simple
of a budget resolution using more
resolution,
majority.
than one set of economic
amendment,
assumptions.
or
conference
report.
301(i)
In the Senate, prohibits consideration
Budget
Three-fifths*
of a budget resolution that would
resolution,
decrease the Social Security surplus
amendment,
in any fiscal year covered by the
motion, or
resolution.
conference
report.
302(c)
Prohibits the consideration of any
Bill, joint
Three-fifths*
measure within the jurisdiction of the
resolution,
House or Senate Appropriations
amendment,
Committees that provides new budget
motion, or
authority for a fiscal year until the
conference
committee makes the suballocation
report.
required by Section 302(b).
302(f)(1)
In the House, after action on a budget
Bill, joint
n/a
resolution is completed, prohibits
resolution,
consideration of legislation providing
amendment,
new budget authority for any fiscal
or
year that would cause the applicable
conference
allocation of new budget authority
report.
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 any
amendment,
committee other than the
motion, or
Appropriations Committee) that
conference
would cause the applicable allocation
report.
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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Senate
Section
Description
Application
Waiver Votea
302(f)(2)(B)
In the Senate, after a budget
Bill, joint
Three-fifths*c
resolution has been agreed to,
resolution,
prohibits consideration of legislation
amendment,
from the Appropriations Committee
motion, or
that would cause the applicable
conference
suballocation of new budget
report.
authority or outlays made pursuant to
Section 302(b) to be exceeded.
303(a)
Prohibits consideration of legislation
Bill, joint
Simple
providing new budget authority, an
resolution,
majority
increase or decrease in revenues, an
amendment,
increase or decrease in the public
motion, or
debt limit, new entitlement authority
conference
(in the Senate only), or an increase or
report.
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, d
305(a)(4)
In the House, prohibits consideration
Amendment
n/a
of amendments to a budget resolution
to a budget
relating to certain economic goals if
resolution.
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
Three-fifths
consideration of nongermane
to a budget
amendments to budget resolutions
resolution
(Section 310(e) applies this
(or to
prohibition to amendments to
reconciliation
reconciliation legislation as well).e
legislation).
305(c)(4)
In the Senate, prohibits consideration
Amendment
Three-fifths
of nongermane amendments to
in
amendments in disagreement to a
disagreement
budget resolution (Section 310(e)
to a budget
applies this prohibition to
resolution
amendments in disagreement to
(or to
reconciliation legislation as well).
reconciliation
legislation).
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.

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CRS-7
Senate
Section
Description
Application
Waiver Votea
306
Prohibits consideration of matters
Bill,
Three-fifths
within the jurisdiction of the House
resolution,
or Senate Budget Committee except
amendment,
when it is a measure reported by the
motion, or
committee, or the committee is
conference
discharged from further
report.
consideration of the measure, or an
amendment to such a measure.
309
In the House, prohibits consideration
Resolution.
n/a
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 consideration
Amendment.
Three-fifths
of nongermane amendments to
reconciliation legislation or to
amendments in disagreement to
reconciliation (by reference to
Sections 305(b)(2) and 305(c)(4)).e
310(f)
In the House, prohibits consideration
Resolution.
n/a
of an adjournment resolution of more
than three calendar days during July
until the House has completed action
on any required reconciliation
legislation.
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.

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Senate
Section
Description
Application
Waiver Votea
311(a)(1)
In the House, prohibits consideration
Bill, joint
n/a
of legislation that would cause new
resolution,
budget authority or outlays to exceed
amendment,
or revenues to fall below the levels
motion, or
set forth in the budget resolution for
conference
the first fiscal year or for the total of
report.
all fiscal years for which allocations
are made pursuant to Section 302
(a).b, f
311(a)(2)
In the Senate, prohibits consideration
Bill, joint
Three-fifths*
of legislation that would cause new
resolution,
budget authority or outlays to exceed
amendment,
the levels set forth in the budget
motion, or
resolution for the first fiscal year, or
conference
revenues to fall below the levels set
report.
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 consideration
Bill, joint
Three-fifths*
of legislation that would cause a
resolution,
decrease in Social Security surpluses
amendment,
or an increase in Social Security
motion, or
deficits relative to the level set forth
conference
in the budget resolution for the first
report.
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 discretionary
amendment,
spending limits specified in Section
motion, or
251(c) of the Balanced Budget and
conference
Emergency Deficit Control Act of
report.
1985, as amended, to be exceeded.g
312(c)
In the Senate, prohibits consideration
Budget
Three-fifths*
of a budget resolution that provides
resolution,
for a deficit in excess of the
amendment,
maximum deficit amount specified in
or
the Balanced Budget and Emergency
conference
Deficit Control Act of 1985, as
report.
amended, for the first fiscal year set
forth in the resolution.h

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Senate
Section
Description
Application
Waiver Votea
313
In the Senate prohibits consideration
Reconciliation
Three-fifths
of extraneous provisions in
bill or
reconciliation legislation.i
resolution
(any title or
provision),
amendment,
motion, or
conference
report.
401(a)
Prohibits consideration of legislation
Bill, joint
Simple
providing new contract authority,
resolution,
majority
borrowing authority, or credit
amendment,
authority not limited to amounts
motion, or
provided in appropriations acts.j
conference
report.
401(b)
Prohibits consideration of legislation
Bill, joint
Simple
providing new entitlement authority
resolution,
majority
that is to become effective during the
amendment,
current fiscal year.j
motion, or
conference
report.
425(a)(1)
Prohibits consideration of legislation
Bill, joint
Simple
reported by a committee unless the
resolution.
majority
committee has published a statement
by CBO on the direct costs.
425(a)(2)
Prohibits consideration of legislation
Bill, joint
Simple
that would increase the direct costs
resolution,
majority
of federal intergovernmental
amendment,
mandates by an amount greater than
motion, or
the thresholds specified in Section
conference
424(a).
report.
426
In the House, prohibits consideration
Resolution,
n/a
of a rule or order that would waive
rule, order.
the application of Section 425.
a. This 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, 2008, (under Section 904(e) and H.Con.Res. 95 (108th Congress)),
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.
b. Section 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

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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).
c. The requirement for a three-fifths majority to waive the point of order under Section 302(f)(2)(B)
expired on September 30, 2002, as provided in Section 904(e) of the Budget Act, but was
reestablished in H.Con.Res. 95 (108th Congress).
d. Section 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 b above for an additional
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).
e. Section 204(g) of H.Con.Res. 290 (106th Congress) provides that for purposes of interpreting
Section 305(b)(2) of the Budget Act, an amendment is not germane if it contains predominately
precatory language (e.g., Sense of the Senate provisions).
f. Section 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.
g. Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
does not specify discretionary spending limits beyond FY2002.
h. There are currently no maximum deficit amounts specified under the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
i. For more information on this provision (known as the “Byrd Rule”), see CRS Report RL30862,
Budget Reconciliation Procedures: The Senate’s “Byrd Rule,” by Robert Keith.
j. Section 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% 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. 95 (108th Congress)
(Budget Resolution for FY2004)
Senate
Section
Description
Application
Waiver
Votea
202(a)
In the Senate, prohibits the consideration
Reconciliation
Three-fifths
of a reconciliation bill reported pursuant
bill, or
to this budget resolution that would
amendment.
cause the total revenue reduction to
exceed $322.524 billion or the total
outlay increase to exceed $27.476
billion for the period of FY2003-
FY2013.
501(b)
In the Senate, prohibits the consideration
Bill,
Three-fifths
of advance appropriations, except as
resolution,
specified in this budget resolution.b
amendment,
motion, or
conference
report.
502(c)(5)
In the Senate, prohibits consideration of
Bill,
Three-fifths
provisions that include an emergency
resolution,
designation as allowed under Section
amendment,
502(c)(2) of this budget resolution to
motion, or
provide for exemption in the Senate
conference
from budget enforcement mechanisms
report.
under sections 302, 303, 311, and 401 of
the Congressional Budget Act of 1974,
and Sections 504 and 505 of this budget
resolution (except for discretionary
appropriations for defense).c
504(b)
In the Senate, prohibits the consideration
Bill,
Three-fifths
of a measure or provisions that would
resolution,
exceed any of the discretionary limits
amendment,
(FY2003-FY2005) specified in this
motion, or
section.
conference
report.
505(a)
In the Senate, prohibits consideration of
Bill, joint
Three-fifths
any direct spending or revenue
resolution,
legislation that would increase or cause
amendment,
an on-budget deficit for the first fiscal
motion, or
year covered by the most recently
conference
adopted budget resolution, the period of
report.
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

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CRS-12
a. This 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.
b. This section limits the consideration in the Senate of advance appropriations, except that advance
appropriations may be provided for FY2005-FY2006 for those accounts specified in the joint
explanatory statement of the conference report for this budget resolution (H.Rpt. 108-71) in an
aggregate amount not to exceed $23.158 billion. Section 501(a) establishes a similar limit for
the House, but does not establish a point of order to enforce that limit.
c. This section concerns the use of emergency designations, but does not establish any point of order
against the spending itself. It also requires committees reporting legislation that includes
provisions designated as emergency to include in the accompanying written report a justification
for the designation. Section 502(a) provides for the use of emergency designations to exempt
in the House provisions so designated from budget enforcement mechanisms under Sections
302, 303, 311, and 401 of the Congressional Budget Act. The section does not, however,
establish a point of order similar to that of the Senate to enforce or limit the use of such a
designation. This point of order supercedes earlier, similar points of order provided in
H.Con.Res. 68 and H.Con.Res. 290 (both 106th Congress). No expiration date was provided for
the later point of order. The procedures in sections 251 and 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, however, as cited in that provision expired
on September 30, 2002, so the exemption from procedural consequence provided by an
emergency designation no longer has the same application. No expiration date is provided for
the current point of order.
d. Estimates used for enforcing this point of order are measured against the surplus or deficit specified
in the most recently adopted budget resolution. The operation of this point of order is more
fully explained in CRS Report RL31943, Budget Enforcement Procedures: Senate's Pay-As-
You-Go (PAYGO) Rule, by Bill Heniff, Jr. This point of order supercedes earlier, similar points
of order provided in H.Con.Res. 67 (104th Congress) and H.Con.Res. 68 (106th Congress). The
application of the current point of order is scheduled to expire on September 30, 2008 (under
Section 505(e) of this budget resolution).

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CRS-13
Table 3. Point of Order Under P.L. 101-508
(Budget Enforcement Act of 1990)
Senate
Section
Description
Application
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
report.
in excess of 0.02% of the present
value of future taxable payroll for
a 75-year period, or in excess of
$250,000,000 for the first five-
year period after it becomes
effective.a
Note: This point of order 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).
a. Section 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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