Points of Order in the Congressional Budget Process
Table 7. Points of Order Under P.L. 111-139
(Statutory Pay-As-You-Go Act of 2010)
| Section | Description | Application | Senate Waiver Votea |
| 4(g)(3) | In the Senate, if a point of order is raised during consideration of legislation subject to PAYGO against an emergency designation in that measure, the provision making the designation shall be stricken.b | Bill, joint resolution, amendment, or conference report. | Three-fifths |
| 13(a) | Prohibits the consideration of legislation pursuant to expedited procedures (as recommended by a task force or other commission) that contains recommendations with respect to Social Security.c | Bill, resolution | Three-fifths |
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 shall 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. |
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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