Points of Order in the Congressional Budget Process
Table 4. Points of Order Under S.Con.Res. 21 (110th Congress)
(Budget Resolution for FY2008)
| Section | Description | Application | Senate Waiver Votea |
| 201(a) | In the Senate, prohibits consideration of any direct spending or revenue legislation that would increase or cause an on-budget deficit for the period of the current fiscal year and the five ensuing fiscal years or the period of the current fiscal year and the ten ensuing fiscal years.b | Bill, joint resolution, amendment, or conference report. | Three-fifths |
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 This section was scheduled to expire on September 30, 2017, but the sunset in Section 201(d) was repealed in Section 3201(b)(1) of S.Con.Res. 11 (114th Congress). Paragraph 5 of this section specifically excludes the budget resolution or legislation that affects or continues the full funding of the deposit insurance guarantee commitment in effect on the date of enactment of the Budget Enforcement Act of 1990. Paragraph 6 of this section provides that the point of order would not apply in cases in which direct spending and revenue legislation when taken together with other direct spending and revenue legislation enacted since the beginning of the calendar year (and not accounted for in the baseline) result in a net decrease in the deficit (or increase in the surplus), although deficit reduction legislation enacted pursuant to reconciliation instructions may not be used in such calculations. |
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 provide for a net increase in Social Security benefits or decrease in Social Security taxes in excess of 0.02% of the present value of future taxable payroll for a 75-year period, or in excess of $250,000,000 for the first five-year period after it becomes effective.a | Bill, joint resolution, amendment, or conference report. |
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. |
Congressional Research Service
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