Points of Order in the Congressional
Budget Process
James V. Saturno
Section Research Manager
March 7, 2011
Congressional Research Service
7-5700
www.crs.gov
97-865
CRS Report for Congress
P
repared for Members and Committees of Congress
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 of budgetary decisions 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,
and related points of order established in the budget resolutions adopted by Congress in 2007
(S.Con.Res. 21, 110th Congress), 2008 (S.Con.Res. 70, 110th Congress), and 2009 (S.Con.Res. 13,
111th Congress), as well as the Rules of the House for the 112th Congress, the Budget
Enforcement Act of 1990 (P.L. 101-508), and the Statutory Pay-As-You-Go Act of 2010 (P.L.
111-139). 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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Points of Order in the Congressional Budget Process
Contents
Introduction ................................................................................................................................ 1
Application of Points of Order .................................................................................................... 2
Procedures for Waiving Points of Order....................................................................................... 3
Tables
Table 1. Points of Order Under the Congressional Budget Act of 1974 ........................................ 5
Table 2. Points of Order Under S.Con.Res. 13 (111th Congress) (Budget Resolution for
FY2010) .................................................................................................................................. 9
Table 3. Points of Order Under S.Con.Res. 70 (110th Congress) (Budget Resolution for
FY2009) ................................................................................................................................ 10
Table 4. Points of Order Under S.Con.Res. 21 (110th Congress) (Budget Resolution for
FY2008) ................................................................................................................................ 11
Table 5. Point of Order Under P.L. 101-508 (Budget Enforcement Act of 1990)......................... 11
Table 6. Related Points of Order Under the Standing Rules of the House (112th Congress)
and Separate Orders (as adopted under H.Res. 5, 112th Congress) ........................................... 12
Table 7. Point of Order Under P.L. 111-139 (Statutory Pay-As-You-Go Act of 2010) ................. 13
Contacts
Author Contact Information ...................................................................................................... 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 of 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.
Although the congressional budget process encompasses myriad procedures dealing with
spending, revenue, and debt legislation, this report 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 FY2010 budget resolution (Table 2);
FY2009 budget resolution (Table 3); the FY2008 budget resolution (Table 4); the Budget
Enforcement Act of 1990 (Table 5); the rules and separate orders of the House as adopted under
H.Res. 5, 112th Congress (Table 6); and the Statutory Pay-As-You-Go Act of 2010 (Table 7) that
pertain to the consideration, contents, implementation, or enforcement of budgetary decisions.
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
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). For the text of the Budget
Act, as amended, see U.S. Congress, House Committee on the Budget, Compilation of Laws and Rules Relating to the
Congressional Budget Process, 110th Cong., 2nd sess., November 2008 (Washington: GPO, 2008), pp. 3-60.
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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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 (see Table 5)
is also permanent. However, other points of order established under recent budget resolutions
have various sunset provisions or limited application (see Table 3 and Table 4 for 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 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 111th Congress include a provision further specifying that for measures considered
pursuant to a special rule, points of order under Title III of the Budget Act apply without regard to
whether the measure considered is actually that 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.
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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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 403(e)(1) of S.Con.Res. 13 (111th 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.
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
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.
6 In the case of points of order under Section 313 of the Budget Act (and by extension, points of order under Sections
402 and 403 of S.Con.Res. 13 (111th 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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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.
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Points of Order in the Congressional Budget Process
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 of a budget resolution using
Budget
Simple majority
more than one set of economic assumptions.
resolution,
amendment, or
conference
report.
301(i)
In the Senate, prohibits consideration of a budget resolution that
Budget
Three-fifths*
would decrease the Social Security surplus in any fiscal year covered
resolution,
by the resolution.
amendment,
motion, or
conference
report.
302(c)
Prohibits the consideration of any measure within the jurisdiction of
Bill, joint
Three-fifths*
the House or Senate Appropriations Committees that provides new
resolution,
budget authority for a fiscal year until the committee makes the
amendment,
subal ocation required by Section 302(b).
motion, or
conference
report.
302(f)(1)
In the House, after action on a budget resolution is completed,
Bill, joint
n/a
prohibits consideration of legislation providing new budget authority
resolution,
for any fiscal year that would cause the applicable allocation of new
amendment, or
budget authority made pursuant to Section 302(a) or (b) for the first conference
fiscal year or for the total of all fiscal years to be exceeded.b,c
report.
302(f)(2)(A)
In the Senate, after a budget resolution is agreed to, prohibits
Bill, joint
Three-fifths*
consideration of legislation (from any committee other than the
resolution,
Appropriations Committee) that would cause the applicable
amendment,
al ocation of new budget authority or outlays made pursuant to
motion, or
Section 302(a) for the first fiscal year or for the total of al fiscal
conference
years to be exceeded.
report.
302(f)(2)(B)
In the Senate, after a budget resolution has been agreed to, prohibits Bill, joint
Three-fifths*
consideration of legislation from the Appropriations Committee that resolution,
would cause the applicable subal ocation of new budget authority or
amendment,
outlays made pursuant to Section 302(b) to be exceeded.
motion, or
conference
report.
303(a)
Prohibits consideration of legislation providing new budget authority, Bill, joint
Simple majoritye
an increase or decrease in revenues, an increase or decrease in the
resolution,
public debt limit, new entitlement authority (in the Senate only), or
amendment,
an increase or decrease in outlays (in the Senate only) for a fiscal
motion, or
year until a concurrent resolution for that fiscal year has been
conference
agreed to.b,d
report.
303(c)
In the Senate, prohibits consideration of any appropriations measure Bill, joint
Simple majoritye
until a concurrent resolution for that fiscal year has been agreed to,
resolution,
and an al ocation has been made to the Committee on
amendment or
Appropriations under Section 302(a).d
conference
report.
305(b)(2)
In the Senate, prohibits consideration of nongermane amendments.f Amendment.
Three-fifths
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Points of Order in the Congressional Budget Process
Senate
Section Description Application
Waiver Votea
305(c)(4)
In the Senate, prohibits consideration of nongermane amendments
Amendment in
Three-fifths
to amendments in disagreement to a budget resolution (Section
disagreement to a
310(e) applies this prohibition to amendments in disagreement to
budget resolution
reconciliation legislation as well).
(or to
reconciliation
legislation).
305(d)
In the Senate, prohibits a vote on a budget resolution unless the
Budget resolution Simple majority
figures contained in the resolution are mathematically consistent.
or conference
report.
306
Prohibits consideration of matters within the jurisdiction of the
Bill, resolution,
Three-fifths
House or Senate Budget Committee except when it is a measure
amendment,
reported by the committee, or the committee is discharged from
motion, or
further consideration of the measure, or an amendment to such a
conference
measure.g
report.
309
In the House, prohibits consideration of an adjournment resolution
Resolution. n/a
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 amendments to reconciliation
Amendment. Three-fifths
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.h
310(e)
In the Senate, prohibits consideration of nongermane amendments
Amendment. Three-fifths
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 consideration of an adjournment resolution
Resolution. n/a
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 reconciliation legislation that contains
Bill, joint
Three-fifths*
recommendations with respect to Social Security.
resolution,
amendment,
motion, or
conference
report.
311(a)(1)
In the House, prohibits consideration of legislation that would cause
Bill, joint
n/a
new budget authority or outlays to exceed or revenues to fal below resolution,
the levels set forth in the budget resolution for the first fiscal year
amendment,
or for the total of all fiscal years for which allocations are made
motion, or
pursuant to Section 302(a)b,i
conference
report.
311(a)(2)
In the Senate, prohibits consideration of legislation that would cause
Bill, joint
Three-fifths*
new budget authority or outlays to exceed the levels set forth in the resolution,
budget resolution for the first fiscal year, or revenues to fall below
amendment,
the levels set forth in the budget resolution for the first fiscal year
motion, or
or for the total of all fiscal years for which allocations are made
conference
pursuant to Section 302(a).
report.
311(a)(3)
In the Senate, prohibits consideration of legislation that would cause
Bill, joint
Three-fifths*
a decrease in Social Security surpluses or an increase in Social
resolution,
Security deficits relative to the level set forth in the budget
amendment,
resolution for the first fiscal year or for the total of al fiscal years
motion, or
for which al ocations are made pursuant to Section 302(a).
conference
report.
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Senate
Section Description Application
Waiver Votea
312(b)
In the Senate, prohibits the consideration of legislation that would
Bill, joint
Three-fifths*
cause any of the discretionary spending limits specified in Section
resolution,
251(c) of the Balanced Budget and Emergency Deficit Control Act of amendment,
1985, as amended, to be exceeded.j
motion, or
conference
report.
312(c)
In the Senate, prohibits consideration of a budget resolution that
Budget
Three-fifths*
provides for a deficit in excess of the maximum deficit amount
resolution,
specified in the Balanced Budget and Emergency Deficit Control Act
amendment, or
of 1985, as amended, for the first fiscal year set forth in the
conference
resolution.k
report.
313
In the Senate prohibits consideration of extraneous provisions in
Reconciliation bill
Three-fifths
reconciliation legislation.l
or resolution
(any title or
provision),
amendment,
motion, or
conference
report.
401(a)
Prohibits consideration of legislation providing new contract
Bill, joint
Simple majority
authority, borrowing authority, or credit authority not limited to
resolution,
amounts provided in appropriations acts.m
amendment,
motion, or
conference
report.
401(b)
Prohibits consideration of legislation providing new entitlement
Bill, joint
Simple majority
authority that is to become effective during the current fiscal year.k
resolution,
amendment,
motion, or
conference
report.
425(a)(1)
Prohibits consideration of legislation reported by a committee unless Bill or joint
Simple majoritye
the committee has published a statement by CBO on the direct
resolution.
costs of federal mandates.
425(a)(2)
Prohibits consideration of legislation that would increase the direct
Bill, joint
Simple majoritye
costs of federal intergovernmental mandates by an amount greater
resolution,
than the thresholds specified in Section 424(a).
amendment,
motion, or
conference
report.
426
In the House, prohibits consideration of a rule or order that would
Resolution, rule,
n/a
waive the application of Section 425.
or order.
Source: The Congressional Budget Act of 1974 (P.L. 93-344), as amended. U.S. Congress. House Committee on
the Budget, Compilation of Laws and Rules Relating to the Congressional Budget Process, 110th Congress, 2nd session,
November 2008 (Washington: GPO, 2008), pp. 3-60.
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
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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, shal 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 of the appropriate 302(b)
allocation. This provision was subsequently readopted in the 110th - 112th Congresses as a separate order of
the House (see Section 3(a)(4) of H.Res. 5 (112th 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
provided specifical y under Section 303(c), which requires an al ocation be made to the Senate
Appropriations Committee under Section 302(a) as wel 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) shal no longer apply in the Senate.
f.
Section 204(g) of H.Con.Res. 290 (106th Congress) provided that for purposes of interpreting Section
305(b)(2) of the Budget Act, an amendment not be considered germane if it contains predominately
precatory language (e.g., Sense of the Senate provisions), although this addition may not be enforceable.
g. By standing order of the House, the application of this section to resolutions is construed in the House as a
reference to a joint resolution (see Section 3(a)(1) of H.Res. 5 (112th Congress)).
h. 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.
i.
Section 311(c) provides that 311(a) shal not apply in the House to legislation that would not cause a
committee’s spending al ocation under 302(a) to be exceeded.
j.
Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, expired at
the end of FY2002.
k. Currently no maximum deficit amounts are specified under the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
l.
For more information on this provision (known as the “Byrd Rule”), see CRS Report RL30862, The Budget
Reconciliation Process: The Senate’s “Byrd Rule”, by Bill Heniff Jr.
m. Section 401(d) provides that Sections 401(a) and 401(b) shal 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. 13 (111th Congress)
(Budget Resolution for FY2010)
Senate
Section Description Application
Waiver Votea
401(a)
In the Senate, prohibits the consideration of a measure or
Bill, joint
Three-fifths
provisions that would exceed any of the discretionary limits for resolution,
FY2009-FY2010 specified in Section 401(b), including any
amendment,
adjustments made under the provisions of Section 401(c).
motion, or
conference
report.
402(a)
In the Senate, prohibits the consideration of advance
Bill, joint
Three-fifths
appropriations, except as specified in this budget resolution.b
resolution,
amendment,
motion, or
conference
report.
403(e)
In the Senate, provides for a point of order against the use of
Bill, resolution,
Three-fifths
an emergency designation as allowed under Section 403(a) of
amendment,
this budget resolution to provide for exemption in the Senate
motion, or
from budget enforcement mechanisms specified in Section
conference
403(b).c
report
404(a)
In the Senate, prohibits the consideration of direct spending or Bill, joint
Three-fifths
revenue legislation that would cause a net increase in the
resolution,
deficit in excess of $10 billion in any fiscal year provided for in
amendment,
the most recently adopted budget resolution unless it is fully
motion, or
offset over the period of al fiscal years provided for in the
conference
most recently adopted budget resolution.d
report.
405(a)
In the Senate, prohibits consideration of any measure or
Bill, joint
Three-fifths
provision that extends or reauthorizes surface transportation
resolution,
programs that appropriates budget authority from sources
amendment, or
other than the Highway Trust Fund.d
conference
report
424(a)
In the House, prohibits the consideration of advance
Bill, joint
n/a
appropriations, except as provided in this budget resolution.e
resolution,
amendment, or
conference
report.
Source: S.Con.Res. 13 (111th Congress).
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 consideration in the Senate of advance appropriations, except that advance
appropriations may be provided for FY2011-FY2012 for accounts specified in the joint explanatory
statement of the conference report for this budget resolution (H.Rept. 111-89) in an aggregate amount not
to exceed $28.852 billion in each year. See also the point of order in the House under Section 424 of this
budget resolution.
c. This section concerns the use of emergency designations, but does not establish a point of order against the
spending or revenue itself. It also requires committees reporting legislation that include provisions
designated as emergency to include in any accompanying written report a justification for the designation.
The use of an emergency designation exempts resulting new budget authority, outlays or receipts for
purposes of enforcing Sections 302 and 311 of the Budget Act, Sections 401 and 404 of this budget
resolution, Section 311 of S.Con.Res. 70 (110th Congress) (see Table 3), and Section 201 of S.Con.Res. 21
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Points of Order in the Congressional Budget Process
(110th Congress) (see Table 4). This point of order supersedes earlier, similar points of order under
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, H.Con.Res. 95 (109th Congress), and S.Con.Res. 21 (110th Congress). No
expiration date is provided for the current point of order. Note that while there is no similar point of order
in the House, Section 423 of this budget resolution provides that appropriations for discretionary amounts
designated as necessary to meet emergency needs shall not count for purposes of the Budget Act or this
budget resolution.
d. This section is scheduled to expire on September 30, 2018.
e. This section limits the consideration in the House of advance appropriations, except that advance
appropriations may be provided for FY2011-FY2012 for those accounts specified in the joint explanatory
statement of the conference report for this budget resolution H.Rept. 111-89 in an aggregate amount not
to exceed $28.852 billion. See also the point of order in the Senate as provided in Section 402 of this
budget resolution.
Table 3. Points of Order Under S.Con.Res. 70 (110th Congress)
(Budget Resolution for FY2009)
Senate
Section Description Application
Waiver Votea
311(b)
In the Senate, prohibits the consideration of a measure that
Bill, joint
Three-fifths
would cause a net increase in deficits in excess of $5 billion in
resolution,
any of the four 10-year periods beginning in 2019 through
amendment,
2058.b
motion, or
conference
report.
314(a)
In the Senate, prohibits the consideration of appropriations
Appropriations
Three-fifths
legislation that includes a change in a mandatory program
measure,
producing net costs as defined in Section 314(b).c
amendment,
motion, or
conference
report.
Source: S.Con.Res. 70 (110th Congress).
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 supersedes 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.
c. This point of order supersedes an earlier, similar point of order provided in S.Con.Res. 21 (110th Congress).
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Table 4. 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 any direct spending or Bill, joint
Three-fifths
revenue legislation that would increase or cause an on-budget
resolution,
deficit for the period of the current fiscal year and the five
amendment, or
ensuing fiscal years or the period of the current fiscal year and
conference
the ten ensuing fiscal years.b
report.
202(a)
In the Senate, prohibits consideration of reconciliation
Bill, resolution,
Three-fifths
legislation that would increase or cause a deficit (or decrease a amendment,
surplus) for the period of the current fiscal year and the five
amendment
ensuing fiscal years or the period of the current fiscal year and
between the
the ten ensuing fiscal years.
houses, or
conference
report.
Source: S.Con.Res. 21 (110th Congress)
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 supersedes 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 specifical y excludes the budget resolution or legislation
that affects or continues the ful 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.
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 legislation that would
Bill, joint resolution,
provide for a net increase in Social Security benefits or
amendment, or
decrease in Social Security taxes in excess of 0.02% of the
conference report.
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
Source: 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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Points of Order in the Congressional Budget Process
Table 6. Related Points of Order Under the Standing Rules of the House
(112th Congress) and Separate Orders (as adopted under H.Res. 5, 112th Congress)
Rule and clause/
section Description Application
XXI, clause 7
In the House, prohibits consideration of a budget resolution
Budget resolution,
that includes reconciliation instructions that would provide for
amendment, or
an increase in net direct spending for the period covered by the conference report.
resolution.a
XXI, clause 10
In the House, prohibits consideration of legislation that would
Bill, joint resolution,
have the net effect of increasing mandatory spending for the
amendment, or
period comprising the current fiscal year, the budget year, and
conference report.
the four fiscal years following that budget year, or the current
fiscal year, the budget year, and the nine fiscal years following
that budget year.b
Section 3(g)(1)
In the House, prohibits consideration of a measure reported by
Bill, joint resolution,
a committee (other than the Appropriations Committee) if the
amendment, or
provisions of the measure have the net effect of increasing
conference report.
mandatory spending in excess of $5 billion for any of the first
four consecutive 10-fiscal year periods following the period
covered by the budget resolution.c
Source: H.Res. 5 (112th Congress).
a. This point of order supersedes earlier points of order adopted by the House as part of the rules of the
House for the 110th and 111th Congresses prohibiting reconciliation instructions that would increase the
deficit (or decrease the surplus) for a period comprising the current fiscal year, the budget year, and the
four fiscal years following that budget year, or the current fiscal year, the budget year, and the nine fiscal
years following that budget year.
b. Rule XXI, clause 10(b) provides that when a measure is considered by the House under the terms of a
special order directing the Clerk to add at the end of the measure, the provisions of another measure
previously passed by the House, those additional provisions are included in determining the application of
this point of order. Rule XXI, clause 10(c) excludes provisions designated as an emergency for purposes of
the Statutory PAYGO Act of 2010 from calculations to determine the application of this point of order.
This point of order supersedes earlier point s of order adopted as part of the rules of the House for the
110th and 111th Congresses prohibiting the consideration of direct spending or revenue legislation that
would have the net effect of increasing the deficit (or reducing the surplus) for similar periods. For more on
the House Pay-As-You-Go rule in the 110th and 111th Congresses, see CRS Report R41510, Budget
Enforcement Procedures: House Pay-As-You-Go (PAYGO) Rule, by Bill Heniff Jr.
c. Section 3(g)(2)(A) specifies the time periods as the four consecutive 10-fiscal year periods beginning with
the first fiscal year following the last fiscal year for which the applicable budget resolution sets forth
appropriate budget levels. Section 3(g)(2)(B) further specifies that the applicable budget resolution is the
one most recently adopted.
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Table 7. Point of Order Under P.L. 111-139
(Statutory Pay-As-You-Go Act of 2010)
Senate
Section Description Application
Waiver Votea
4(g)(3)
In the Senate, if a point of order is raised during consideration
Bill, joint
Three-fifths
of legislation subject to PAYGO against an emergency
resolution,
designation in that measure, the provision making the
amendment, or
designation shall be stricken.b
conference
report.
Source: P.L. 111-139.
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. For more information on the Statutory Pa-As-You-Go Act of 2010, see CRS Report R41157, The Statutory
Pay-As-You-Go Act of 2010: Summary and Legislative History, by Bill Heniff Jr.
Author Contact Information
James V. Saturno
Section Research Manager
jsaturno@crs.loc.gov, 7-2381
Congressional Research Service
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