Points of Order in the Congressional
Budget Process
James V. Saturno
Specialist on Congress and the Legislative Process
February 13, 2015
Congressional Research Service
7-5700
www.crs.gov
97-865
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 the points of order currently in effect under the Congressional Budget Act
of 1974, as amended, as well as related points of order established in various other measures that
have a direct impact on budget enforcement. These related measures include 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 selected provisions in the
Rules of the House and separate orders for the 114th Congress (H.Res. 5, 114th Congress),
including provisions originally adopted by the House in H.Con.Res. 25 (113th Congress), the
Budget Enforcement Act of 1990 (P.L. 101-508), the Statutory Pay-As-You-Go Act of 2010 (P.L.
111-139), and the Bipartisan Budget Act of 2013 (P.L. 113-67). In addition, the report describes
how points of order are applied and the processes used for their waiver in the House and Senate.
These provisions have been adopted pursuant to the constitutional authority of each chamber to
determine its rules of proceeding. 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 and Separate Orders Adopted
by the House (114th Congress) .................................................................................................... 12
Table 7. Points of Order Under H.Con.Res. 25 (113th Congress), Made Enforceable Under
H.Res. 5 (114th Congress) ........................................................................................................... 13
Table 8. Points of Order Under P.L. 111-139 (Statutory Pay-As-You-Go Act of 2010) ................ 13
Table 9. Point of Order Under P.L. 113-67 (Bipartisan Budget Act of 2013) ................................ 14
Contacts
Author Contact Information........................................................................................................... 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 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 included in
the Congressional Budget Act, as amended through the Bipartisan Budget Act of 2013 (P.L. 113-
67) (Table 1), as well as related points of order established in various 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
of the House and separate orders adopted under H.Res. 5, 114th Congress (Table 6); the
provisions of the budget resolution for FY2014 adopted by the House (H.Con.Res. 25, 113th
Congress) that continue to be in force under the terms of a separate order adopted in the House
(H.Res. 5, 114th Congress) (Table 7); the Statutory Pay-As-You-Go Act of 2010 (Table 8); and
the Bipartisan Budget Act of 2013 (Table 9) that pertains to the consideration, contents,
implementation, or enforcement of budgetary decisions.
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); Title X of the Balanced Budget Act of 1997 (P.L. 105-33), and the Bipartisan Budget Act of
2013 (P.L. 113-67). For the text of the Budget Act, as amended through 2013, see U.S. Congress, House Committee on
the Budget, Bipartisan Budget Act of 2013, 113th Cong., 2nd sess., February 2014 (Washington: GPO, 2014), pp. 275-
352.
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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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 Bipartisan Budget Act of 2013, 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
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 some 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, the point of order in the Congressional Budget
Act to enforce maximum deficit amounts in the Senate (Section 312(c)) has been rendered moot because no statute
currently specifies such an amount.
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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 subsequently established under budget resolutions have been written so that
they too apply to individual provisions rather than the measure as a whole, in the same manner as
provided in Section 313(e) of the Budget Act. The points of order against emergency spending
designations (Section 403(e)(1) of S.Con.Res. 13 (111th Congress), Section 314(e) of the Budget
Act, and Section 4(g)(3) of the Statutory Pay-As-You-Go Act of 2010) further provide that, if
sustained, the effect of the point of order is that the 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
(continued...)
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threshold has also been required for the Senate to waive the application of many of the related
points of order established in budget resolutions and other measures, such as the Statutory Pay-
As-You-Go Act of 2010. 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.
(...continued)
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 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,
allocation 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 allocation 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(a)
Prohibits consideration of matters within the jurisdiction of the
Bill, resolution,
Three-fifths
Senate Budget Committee except when it is a measure reported by
amendment,
the committee, or the committee is discharged from further
motion, or
consideration of the measure.
conference
report.
306(b)
Prohibits consideration of matters within the jurisdiction of the
Bill, joint
n/a
House Budget Committee except when it is a measure reported by
resolution,
the committee, or the committee is discharged from further
amendment, or
consideration of the measure, or an amendment to such a measure.g
conference
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 fall 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.
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Senate
Section Description Application
Waiver Votea
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 all fiscal years
motion, or
for which al ocations are made pursuant to Section 302(a).
conference
report.
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.
314(e)
In the Senate, provides for a point of order against the use of an
Bill, joint
Three-fifths*n
emergency designation as al owed under Section 251(b)(2)(A)(i) of
resolution,
the Balanced Budget and Emergency Deficit Control Act.m
amendment,
motion, or
conference
report.
314(f)
Prohibits consideration in the House or Senate of legislation that
Bill, joint
Three-fifths*o
would cause the discretionary spending limits set forth in Section
resolution,
251 of the Balanced Budget and Emergency Deficit Control Act, as
amendment,
amended by the Budget Control Act of 2011 to be exceeded.j
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.p
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.
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Senate
Section Description Application
Waiver Votea
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 as 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, Bipartisan Budget Act of 2013, 113th Congress, 2nd session, February 2014 (Washington: GPO, 2014),
pp. 275-352.
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 a vote of three-fifths
of Senators “duly chosen and sworn.” For those provisions 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, 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)
al ocation. This provision was subsequently readopted in the 110th -114th Congresses as a separate order
of the House (see Section 3(e)(2) of H.Res. 5 (114th 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 specifically under Section 303(c), which requires an allocation 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 the enforcement of this provision is not
clear.
g. Prior to being amended by the Bipartisan Budget Act of 2013, this section provided a single point of order
applicable in both the Senate and House. At that time, the House, by separate order, also provided that the
point of order would apply to bills and joint resolutions (and amendments or conference reports thereto).
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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 allocation under 302(a) to be exceeded.
j.
The point of order in Section 312(b) was written to apply to spending limits included in Section 251(c) of
the Balanced Budget and Emergency Deficit Control Act of 1985. The point of order in Section 314(f) was
added to apply specifical y to spending limits for FY2012-FY2021 included in Section 251(c) as amended by
the Budget Control Act of 2011 (P.L. 112-25). After January 15, 2012, the levels to be enforced under both
of the points of order as set forth in Section 251(c) were superseded by levels set in Section 251A.
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. See also separate points of order against the use of emergency designations in the Senate that appear at
Section 403(e) of S.Con.Res. 13 (111th Congress) and 4(g)(3) of the Statutory Pay-As-You-Go Act of 2010
(P.L. 111-139).
n. The threshold for waivers and appeals for this point of order appear at Sections 314(e)(2)(A) and (B),
respectively, as well as in Section 904.
o. This provision previously appeared at Section 314(e), but was redesignated as Section 314(f) under P.L. 112-
78. The thresholds for waivers or appeals concerning this point of order was subsequently clarified as
three-fifths of Senators “duly chosen and sworn” in the Bipartisan Budget Act of 2013, which added it to the
sections enumerated in Section 904(c)(2) and 904(d)(3), respectively.
p. 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 whol y
owned or mixed ownership government corporations; or (3) gifts or bequests made to the United States
for a specific purpose.
Table 2. Points of Order Under S.Con.Res. 13 (111th Congress)
(Budget Resolution for FY2010)
Senate
Section Description Application
Waiver Votea
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).b
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 all fiscal years provided for in the
conference
most recently adopted budget resolution.c
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.c
conference
report
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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 a vote of
three-fifths of Senators “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 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
(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. See also points of order against the use of
emergency designations that appear at Section 314(e) of the Budget Act and Section 4(g)(3) of the Statutory
Pay-As-You-Go Act of 2010.
c. As provided in Section 116 of the Bipartisan Budget Act of 2013 establishing a budget resolution for
FY2015, this period covers FY2015-FY2024. This section is scheduled to expire on September 30, 2018.
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 after the period
amendment,
covered by the most recently agreed to budget resolution.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) of this
amendment,
concurrent resolution.c
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 a vote of
three-fifths of Senators “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). As provided in Section 116 of the Bipartisan Budget Act of 2013
establishing a budget resolution for FY2015 (covering FY2015-FY2024), these periods would begin after
FY2024. 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 a vote of
three-fifths of Senators “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 payrol 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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Table 6. Related Points of Order Under the Standing Rules and Separate Orders
Adopted by the House (114th Congress)
Citation Description Application
Rule 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
Rule 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 fol owing that budget year, or the current
fiscal year, the budget year, and the nine fiscal years following
that budget year.b
Separate Orders,
In the House, prohibits the consideration of a budget resolution Budget resolution,
Section 3(h)(1)
that does not include separate presentation of means-tested
amendment, or
and non-means-tested direct spending.
conference report.
Separate Orders,
In the House, prohibits consideration of legislation that would
Bill, joint resolution,
Section 3(q)(1)
reduce the actuarial balance of the present value of future
amendment, or
taxable payrol by at least 0.01% of the Federal Old-Age and
conference report.
Survivors Insurance Trust Fund for the 75-year period utilized
in the most recent report of the Board of Trustees.c
Source: H.Res. 5 (114th Congress).
a. This point of order was first adopted as a part of the rules of the House in the 112th Congress and
supersedes earlier points of order adopted 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 fol owing 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 was first adopted as a part of the rules of the House in the 112th Congress and
supersedes earlier points 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(q)(2) provides that this point of order would not apply to legislation that would improve the
actuarial balance of the combined balance in the Federal Old Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund over the same 75-year period.
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Table 7. Points of Order Under H.Con.Res. 25 (113th Congress),
Made Enforceable Under H.Res. 5 (114th Congress)
Section Description Application
601(b)
In the House, prohibits consideration of advance
Bill, joint resolution,
appropriations, except as provided in Section 601(c).
amendment, or
conference report.
604
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 beginning with FY2025.
Source: H.Res. 5 (114th Congress). In the absence of agreement between the House and Senate on a budget
resolution, on June 4, 2013, the House adopted H.Res. 243, Section 3 of which provided that “Pending the
adoption of a concurrent resolution on the budget for fiscal year 2014, the provisions of House Concurrent
Resolution 25, as adopted by the House, shal have force and effect in the House as though Congress has
adopted such concurrent resolution.” The effect of provisions in H.Con.Res. 25 was extended for the remainder
of the 113th Congress under Section 113 of the Bipartisan Budget Act of 2013 to the extent its budgetary levels
were not superseded by the act or further action of the House. The effect was further extended for the 114th
Congress under Section 3(e)(1) of H.Res. 5 (114th Congress) but with an adjustment to the fiscal years covered
in Section 3(e)(1)(iii).
Table 8. Points 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.
13(a)
Prohibits the consideration of legislation pursuant to expedited Bill, resolution
Three-fifths
procedures (as recommended by a task force or other
commission) that contains recommendations with respect to
Social Security.c
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 a vote of
three-fifths of Senators “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. Section 4(g)(4) provides that estimates made by CBO or OMB shal not include the budgetary effects of
spending in PAYGO legislation designated as emergency. For more information on the Statutory Pay-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. See Also points of order against the use of emergency designations in
the Senate that appear at Section 314(e) of the Budget Act and Section 403(e) of S.Con.Res. 13 (111th
Congress).
c. The language in Section 13(a) was written to apply to any potential recommendations that might result from
a Task Force for Responsible Fiscal Action, such as that proposed in S. 2853 (111th Congress). Although
such a task force was not created, the language in Section 13(a) would appear to continue to apply to the
subsequent consideration under expedited procedures of the recommendations of any task force or
commission, although none appear to exist currently.
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Table 9. Point of Order Under P.L. 113-67 (Bipartisan Budget Act of 2013)
Senate
Section Description Application
Waiver Votea
112 (a)
In the Senate, prohibits consideration of advance
Bill, joint
Three-fifths
appropriationsb for FY2015 and FY2016 except as provided in
resolution,
Section 112(a)(2).
amendment,
motion, or
conference
report.
Source: P.L. 113-67
a. This column indicates the type of Senate vote necessary to approve a motion to waive the point of order
under Section 112(a)(3) of this act. The term “three-fifths” means that a motion to waive the provision
must be approved by a vote of three-fifths of Senators “duly chosen and sworn.” The same voting
requirement would also apply to a vote to appeal a ruling of the chair connected with the same point of
order.
b. For more information on advance appropriations, see CRS Report R43482, Advance Appropriations, Forward
Funding, and Advance Funding: Concepts, Practice, and Budget Process Considerations, by Jessica Tollestrup.
Author Contact Information
James V. Saturno
Specialist on Congress and the Legislative Process
jsaturno@crs.loc.gov, 7-2381
Congressional Research Service
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