Points of Order in the Congressional Budget Process
| Section | Description | Application | Senate Waiver Votea |
|
| |||
| 3301(a) | In the House, prohibits consideration of legislation that would reduce the actuarial balance of the present value of future taxable payroll by at least 0.01% of the Federal Old-Age and Survivors Insurance Trust Fund for the 75-year period utilized in the most recent report of the Board of Trustees.g | Bill, joint resolution, amendment, motion, or conference report. | n/a |
| 3304(a) | In the House, prohibits consideration of advance appropriations, except as provided in Section 3304(b).f | Bill, joint resolution, amendment, motion, or conference report. | n/a |
Source: S.Con.Res. 11 (114th 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. | The threshold of two-thirds of Senators “duly chosen and sworn” for waiver of this point of order or appeals associated with it are specified in Sections 2001(b)(2) and 2001(b)(3), respectively. |
| c. | The budget year in S.Con.Res. 11 (114th Congress) is FY2016, so the first fiscal year that is 10 years after that budget year would be FY2026. |
| d. | The budget year in S.Con.Res. 11 (114th Congress) is FY2016, so the first fiscal year that is 10 years after that budget year would be FY2026. Under Section 3101(g), this section is scheduled to expire on September 30, 2017. |
| e. | This point of order supersedes earlier, similar points of order in S.Con.Res. 21 (110th Congress) and S.Con.Res. 70 (110th Congress). |
| f. | This point of order supersedes earlier, similar points of order. For more on advance appropriations generally, see CRS Report R43482, Advance Appropriations, Forward Funding, and Advance Funding: Concepts, Practice, and Budget Process Considerations, by Jessica Tollestrup. |
| g. | 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 of the Federal Old Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund over the same 75-year period. See also point of order under Separate Orders Adopted by the House, Section 3(q)(1). |
Congressional Research Service
10
