Order Code 97-865
Points of Order in the
Congressional Budget Process
Updated June 23, 2008
James V. Saturno
Specialist on the Congress and Legislative Process
Government and Finance Division

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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
resolutions adopted by Congress in 2007 (S.Con.Res. 21, 110th Congress) and 2008
(S.Con.Res. 70, 110th Congress), the Rules of the House for the 110th Congress, and
the Budget Enforcement Act of 1990 (P.L. 101-508). 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
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 S.Con.Res. 70 (110th Congress)
(Budget Resolution for FY2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Table 3. Points of Order Under S.Con.Res. 21 (110th Congress)
(Budget Resolution for FY2008) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Table 4. Points of Order Under H.Res. 6 (110th Congress)
(Rules of the House of Representatives, 110th Congress) . . . . . . . . . . . . . . 14
Table 5. Point of Order Under P.L. 101-508
(Budget Enforcement Act of 1990) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

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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.
1 The 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).
2 The 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 CRS Report RL33030, The Budget Reconciliation Process: House
and Senate Procedures, by Robert Keith and Bill Heniff Jr.

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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 other measures. These
other measures include the FY2009 budget resolution (Table 2), the FY2008 budget
resolution (Table 3), H.Res. 6 (110th Congress), adopting the rules of the House for
the 110th Congress (Table 4), and the Budget Enforcement Act of 1990 (Table 5)
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. Other
provisions of the act, formulated differently, 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 several points of order have limited applicability or
have been rendered moot by the expiration of limits they were intended to enforce.4
The freestanding point of order protecting the Social Security trust fund in the House
established in the Budget Enforcement Act (Table 5) is also permanent. However,
other points of order established under recent budget resolutions have various sunset
provisions or limited application (see Table 2 and Table 3 for current examples).
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 reported measure is
3 For 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.
4 The expiration of the provisions of the Balanced Budget and Emergency Deficit Control
Act at the end of FY2002 has rendered moot a number of points of order. For example,
points of order provided in the Congressional Budget Act to allow the Senate to enforce
discretionary spending limits (Section 312(b)) or maximum deficit amounts (Section 312(c))
have been rendered moot because no statute currently specifies such a limit or amount.

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considered pursuant to a special rule, a point of order against a bill “as reported”
would apply to the text made in order by the rule as original text for the purpose of
amendment or to the text on which the previous question is ordered directly to
passage. In this way, no point of order would be considered as applying (and no
waiver would be required) if a substitute resolved the problem. In addition, The
Rules of the House for the 110th Congress include a provision further specifying that
for measure considered pursuant to a special rule, points of order under Title III of
the Budget Act apply regardless of whether the measure considered is actually
reported from committee. Under Rule XXI, clause 8, points of order apply to the
form of a measure recommended by the reporting committee where the statute uses
the term “as reported” (in the case of a measure that has been reported), the form of
the measure made in order as an original text for the purpose of amendment, or the
form of the measure on which the previous question is ordered directly to passage.
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 that 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 that would remedy the problem is
pending.
Section 312(e) clarifies that any point of order that 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 a
measure 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.5 Several of the
points of order in the Senate established under recent budget resolutions 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 204(a)(5) of S.Con.Res. 21 (110th
Congress)) further provides that, 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.
5 Section 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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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.6
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). The three-fifths waiver requirement was first
established for some points of order under the Balanced Budget and Emergency
Deficit Control Act of 1985. Beginning with the Balanced Budget Act of 1997, this
super-majority threshold was applied to several additional points of order on a
temporary basis. These points of order are identified in Section 904(c)(2), and the
three-fifths requirement is currently scheduled to expire September 30, 2017.7 The
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, such as the
PAYGO point of order. 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, 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.
6 In the case of points of order under Section 313 of the Budget Act (and by extension,
points of order under Section 204 of S.Con.Res. 21 (110th Congress) and Section 313 of
S.Con.Res. 70 (110th Congress)), as well as points of order under Section 314 of S.Con.Res.
70 (110th Congress), 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.
7 As originally provided in Title X of the Balanced Budget Act of 1997, the three-fifths
requirement expired on September 30, 2002. The Senate subsequently adopted S.Res. 304
on October 16, 2002, renewing the three-fifths requirement for all of the points of order
identified in Section 904(c)(2) (except for Section 302(f)(2)(B)) through April 15, 2003.
The three-fifths requirement (including for Section 302(f)(2)(B)) was renewed through
September 30, 2008, under Section 503 of H.Con.Res. 95 (108th Congress), extended
through September 30, 2010, under Section 403 of H.Con.Res. 95 (109th Congress), and is
currently extended through September 30, 2017, under Section 205 of S.Con.Res. 21 (110th
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 conference
year that would cause the applicable
report.
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, c
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*
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,
majoritye
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 has been agreed to.b, d
303(c)
In the Senate, prohibits consideration
Bill, joint
Simple
of any appropriations measure until a
resolution,
majoritye
concurrent resolution for that fiscal
amendment of
year has been agreed to, and an
conference
allocation has been made to the
report.
Committee on Appropriations under
Section 302(a).d
305(b)(2)
In the Senate, prohibits consideration
Amendment.
Three-fifths
of nongermane amendments.
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.
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.

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Senate
Section
Description
Application
Waiver Votea
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.f
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)).g
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.
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, h

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Senate
Section
Description
Application
Waiver Votea
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.i
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 conference
the Balanced Budget and Emergency
report.
Deficit Control Act of 1985, as
amended, for the first fiscal year set
forth in the resolution.j
313
In the Senate prohibits consideration
Reconciliation
Three-fifths
of extraneous provisions in
bill or
reconciliation legislation.k
resolution
(any title or
provision),
amendment,
motion, or
conference
report.

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Senate
Section
Description
Application
Waiver Votea
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.l
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 or joint
Simple
reported by a committee unless the
resolution.
majoritye
committee has published a statement
by CBO on the direct costs of federal
mandates.
425(a)(2)
Prohibits consideration of legislation
Bill, joint
Simple
that would increase the direct costs
resolution,
majoritye
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, or order.
the application of Section 425.
a. This column indicates the type of Senate vote (as 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, 2017, (as identified under Section 904(e) and extended under
S.Con.Res. 21 (110th Congress)), reverting to simple majority after that time. See footnote 7 in
the text of this report for details on previous extensions. 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 302(f)(1), 303(a) (after April 15), and 311(a), as it applies to revenues, 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).
c. In the 109th Congress, the House adopted a provision in H.Res. 248 establishing that during the
109th Congress there would be a separate point of order in the Committee of the Whole against
a motion to rise and report a general appropriations bill if that bill, as amended, were in a breach

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CRS-10
of the appropriate 302(b) allocation. This provision was subsequently readopted in the 110th
Congress as a separate order of the House under section 511(a)(5) of H.Res. 6 (110th 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)). It is not clear how the provision
in House Rule XXI, clause 8, that points of order under Title III of the Budget Act “shall operate
without regard to whether the measure concerned has been reported from committee” would
apply to this section. 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 provided specifically
under Section 303(c), which requires an allocation be made to the Senate Appropriations
Committee under Section 302(a) as well as agreement on a budget resolution.
e. The points of order under Sections 303(a), 303(c), 425(a), and 425(b) were made subject to the
three-fifths threshold under Section 403(b) of H.Con.Res. 95 (109th Congress). Section 205 of
S.Con.Res. 21 (110th Congress) provides that Section 403 of H.Con.Res. 95 (109th Congress
shall no longer apply in the Senate.
f. In the House, the impact of amendments is measured in relation to the levels in the reconciliation
measure. In the Senate, the impact is measured in relation to the levels provided in the
reconciliation instructions which relate to the measure.
g. 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).
h. 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.
i. Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
expired at the end of FY2002.
j. Currently no maximum deficit amounts are specified under the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
k. 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.
l. 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 S.Con.Res. 70 (110th Congress)
(Budget Resolution for FY2009)
Senate
Section
Description
Application
Waiver
Votea
302(a)
In the House, prohibits the consideration
Bill, joint
n/a
of advance appropriations, except as
resolution,
provided in this budget resolution.b
amendment, or
conference
report.
311(b)
In the Senate, prohibits the consideration
Bill, joint
Three-fifths
of a measure that would cause a net
resolution,
increase in deficits in excess of $5
amendment,
billion in any of the four 10-year periods
motion, or
beginning in 2019 through 2058.c
conference
report.
312(a)
In the Senate, prohibits the consideration
Bill, joint
Three-fifths
of a measure or provisions that would
resolution,
exceed any of the discretionary limits
amendment,
for FY2008-FY2009 specified in
motion, or
Section 312(b), including any
conference
adjustments made under the provisions
report.
of Section 312(c).d
313(a)
In the Senate, prohibits the consideration
Bill, joint
Three-fifths
of advance appropriations, except as
resolution,
specified in this budget resolution.e
amendment,
motion, or
conference
report.
314(a)
In the Senate, prohibits the consideration
Appropriations
Three-fifths
of appropriations legislation that
measure,
includes a change in a mandatory
amendment,
program producing net costs as defined
motion, or
in Section 314(b).f
conference
report.
315(a)
In the Senate, prohibits the consideration
Bill, joint
Three-fifths
of direct spending or revenue legislation
resolution,
that would cause a net increase in the
amendment,
deficit in excess of $10 billion in any
motion, or
fiscal year provided for in the most
conference
recently adopted budget resolution
report.
unless it is fully offset over the period of
all fiscal years provided for in the most
recently adopted budget resolution.g
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

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CRS-12
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 House of advance appropriations, except that advance
appropriations may be provided for FY2010-FY2011 for those accounts specified in the joint
explanatory statement of the conference report for this budget resolution (H.Rept. 110-659) in
an aggregate amount not to exceed $28.852 billion. See also the point of order in the Senate as
provided in Section 313 of this budget resolution.
c. This point of order supercedes earlier, similar points of order provided in H.Con.Res. 95 (108th
Congress) and S.Con.Res. 21 (110th Congress). This section is scheduled to expire on
September 30, 2017.
d. Section 301 establishes similar adjustments for the House, but does not establish a point of order
to enforce a discretionary spending limit.
e. This section limits the consideration in the Senate of advance appropriations, except that advance
appropriations may be provided for FY2010-FY2011 for those accounts specified in the joint
explanatory statement of the conference report for this budget resolution (H.Rept. 110-659) in
an aggregate amount not to exceed $28.852 billion, and for the Corporation for Public
Broadcasting. This point of order supercedes earlier, similar points of order provided in
H.Con.Res. 95 (109th Congress) and S.Con.Res. 21 (110th Congress).
f. This point of order supercedes an earlier, similar point of order provided in S.Con.Res. 21 (110th
Congress).
g. This section is scheduled to expire on September 30, 2017.
Table 3. Points of Order Under S.Con.Res. 21 (110th Congress)
(Budget Resolution for FY2008)
Senate
Section
Description
Application
Waiver
Votea
201(a)
In the Senate, prohibits consideration of
Bill, joint
Three-fifths
any direct spending or revenue
resolution,
legislation that would increase or cause
amendment, or
an on-budget deficit for the period of the
conference
current fiscal year and the five ensuing
report.
fiscal years or the period of the current
fiscal year and the ten ensuing fiscal
years.b
202(a)
In the Senate, prohibits consideration of
Bill,
Three-fifths
reconciliation legislation that would
resolution,
increase or cause a deficit (or decrease a
amendment,
surplus) for the period of the current
amendment
fiscal year and the five ensuing fiscal
between the
years or the period of the current fiscal
houses, or
year and the ten ensuing fiscal years.
conference
report.

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CRS-13
Senate
Section
Description
Application
Waiver
Votea
204(a)(5)
In the Senate, prohibits consideration of
Bill,
Three-fifths
provisions that include an emergency
resolution,
designation as allowed under Section
amendment, or
204(a)(2) of this budget resolution to
conference
provide for exemption in the Senate
report.
from budget enforcement mechanisms
under Sections 302 and 311 of the
Congressional Budget Act of 1974,
Sections 201, 203, and 207 of this
budget resolution.c
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 point of order supercedes earlier, similar points of order provided in H.Con.Res. 67 (104th
Congress), H.Con.Res. 68 (106th Congress), and H.Con.Res. 95 (108th Congress). This section
is scheduled to expire on September 30, 2017. Paragraph 5 of this section specifically excludes
the budget resolution or and legislation that affects or continues the full funding of the deposit
insurance guarantee commitment in effect on the date of enactment of the Budget Enforcement
Act of 1990. Paragraph 6 of this section provides that the point of order would not apply in
cases in which direct spending and revenue legislation when taken together with other direct
spending and revenue legislation enacted since the beginning of the calendar year (and not
accounted for in the baseline) result in a net decrease in the deficit (or increase in the surplus),
although deficit reduction legislation enacted pursuant to reconciliation instructions may not be
used in such calculations.
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 204(b) provides for the use of emergency designations to exempt
in the House provisions so designated from budget enforcement mechanisms under Titles III and
IV 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. The point of order
in the Senate supercedes earlier, similar points of order provided in H.Con.Res. 68 and
H.Con.Res. 290 (both 106th Congress), H.Con.Res. 95 (108th Congress), Section 14007(b)(2)
of P.L. 108-287, and H.Con.Res. 95 (109th Congress). No expiration date is provided for the
current point of order.

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CRS-14
Table 4. Points of Order Under H.Res. 6 (110th Congress)
(Rules of the House of Representatives, 110th Congress)
Rule and clause
Description
Application
XXI, clause 7
In the House, prohibits consideration of a
Budget resolution,
budget resolution that includes
amendment, or
reconciliation instructions that would
conference report.
provide for an increase in the deficit (or
decrease in the surplus) for the period
comprising the current fiscal year and the
five fiscal years beginning with the fiscal
year that ends in the following calendar
year or the period comprising the current
fiscal year and the ten fiscal years
beginning with the fiscal year that ends in
the following calendar year.
XXI, clause 10
In the House, prohibits consideration of
Bill, joint
any direct spending or revenue legislation
resolution,
that would have the net effect of increasing
amendment, or
the deficit (or reducing the surplus) for the
conference report.
period comprising the current fiscal year
and the five fiscal years beginning with the
fiscal year that ends in the following
calendar year or the period comprising the
current fiscal year and the ten fiscal years
beginning with the fiscal year that ends in
the following calendar year.
Table 5. Point of Order Under P.L. 101-508
(Budget Enforcement Act of 1990)
Section
Description
Application
13302(a)
In the House, prohibits consideration of
Bill, joint
legislation that would provide for a net
resolution,
increase in Social Security benefits or
amendment, or
decrease in Social Security taxes in excess
conference report.
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
Notes: 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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