Points of Order in the Congressional Budget Process
Table 3. Points of Order Under S.Con.Res. 13 (111th Congress)
(Budget Resolution for FY2010)
| Section | Description | Application | Senate Waiver Votea |
| 403(e) | In the Senate, provides for a point of order against the use of an emergency designation as allowed under Section 403(a) of this budget resolution to provide for exemption in the Senate from budget enforcement mechanisms specified in Section 403(b).b | Bill, resolution, amendment, motion, or conference report | Three-fifths |
| 404(a) | In the Senate, prohibits the consideration of direct spending or revenue legislation that would cause a net increase in the deficit in excess of $10 billion in any fiscal year provided for in the most recently adopted budget resolution unless it is fully offset over the period of all fiscal years provided for in the most recently adopted budget resolution.c | Bill, joint resolution, amendment, motion, or conference report. | Three-fifths |
| 405(a) | In the Senate, prohibits consideration of any measure or provision that extends or reauthorizes surface transportation programs that appropriates budget authority from sources other than the Highway Trust Fund.c | Bill, joint resolution, amendment, or conference report | Three-fifths |
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, as well as Sections 401 and 404 of this budget resolution. 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. | The period covered in S.Con.Res. 11 (114th Congress) is FY2016-FY2025. This section was scheduled to expire on September 30, 2018, but the sunset provision in Section 404(e) was repealed by Section 3201(b)(2) of S.Con.Res. 11 (114th Congress). |
Congressional Research Service
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