For other versions of this document, see http://wikileaks.org/wiki/CRS-97-865 ------------------------------------------------------------------------------ Order Code 97-865 Points of Order in the Congressional Budget Process Updated June 23, 2008 James V. Saturno Specialist on the Congress and Legislative Process Government and Finance Division 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 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 points of order under the Congressional Budget Act of 1974, as amended, as well as related points of order established in the budget resolutions adopted by Congress in 2007 (S.Con.Res. 21, 110th Congress) and 2008 (S.Con.Res. 70, 110th Congress), the Rules of the House for the 110th Congress, and the Budget Enforcement Act of 1990 (P.L. 101-508). In addition, it describes how points of order are applied and the processes used for their waiver in the House and Senate. This report will be updated to reflect any additions or further changes to these points of order. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Application of Points of Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Procedures for Waiving Points of Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 List of Tables Table 1. Points of Order Under the Congressional Budget Act of 1974 . . . . . . . . 5 Table 2. Points of Order Under S.Con.Res. 70 (110th Congress) (Budget Resolution for FY2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Table 3. Points of Order Under S.Con.Res. 21 (110th Congress) (Budget Resolution for FY2008) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Table 4. Points of Order Under H.Res. 6 (110th Congress) (Rules of the House of Representatives, 110th Congress) . . . . . . . . . . . . . . 14 Table 5. Point of Order Under P.L. 101-508 (Budget Enforcement Act of 1990) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 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 or 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. 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); and Title X of the Balanced Budget Act of 1997 (P.L. 105-33). 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. CRS-2 Although the congressional budget process encompasses myriad procedures dealing with spending, revenue, and debt legislation, this paper focuses only on that portion of the process that stems from the Congressional Budget Act. The tables below list the points of order currently included in the Congressional Budget Act (Table 1), as well as related points of order established in other measures. These other measures include the FY2009 budget resolution (Table 2), the FY2008 budget resolution (Table 3), H.Res. 6 (110th Congress), adopting the rules of the House for the 110th Congress (Table 4), and the Budget Enforcement Act of 1990 (Table 5) that pertain to the consideration, contents, or implementation of the budget resolution. 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 Balanced Budget Act of 1997, 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 (Table 5) is also permanent. However, other points of order established under recent budget resolutions have various sunset provisions or limited application (see Table 2 and Table 3 for current 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 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 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, points of order provided in the Congressional Budget Act to allow the Senate to enforce discretionary spending limits (Section 312(b)) or maximum deficit amounts (Section 312(c)) have been rendered moot because no statute currently specifies such a limit or amount. CRS-3 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 110th Congress include a provision further specifying that for measure considered pursuant to a special rule, points of order under Title III of the Budget Act apply regardless of whether the measure considered is actually 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 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 established under recent budget resolutions have been written so that they apply to individual provisions rather than the measure as a whole, in the manner provided in Section 313(e) of the Budget Act. The point of order against emergency spending designations (Section 204(a)(5) of S.Con.Res. 21 (110th Congress)) further provides that, if sustained, the effect of this point of order is that a provision making an emergency designation shall be stricken, and may not be offered as an amendment from the floor. 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. CRS-4 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 threshold has also been required for the Senate to waive the application of many of the points of order established in recent budget resolutions, such as the PAYGO point of order. 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. 6 In the case of points of order under Section 313 of the Budget Act (and by extension, points of order under Section 204 of S.Con.Res. 21 (110th Congress) and Section 313 of S.Con.Res. 70 (110th 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 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). CRS-5 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 Budget Simple of a budget resolution using more resolution, majority than one set of economic amendment, assumptions. or conference report. 301(i) In the Senate, prohibits consideration Budget Three-fifths* of a budget resolution that would resolution, decrease the Social Security surplus amendment, in any fiscal year covered by the motion, or resolution. conference report. 302(c) Prohibits the consideration of any Bill, joint Three-fifths* measure within the jurisdiction of the resolution, House or Senate Appropriations amendment, Committees that provides new budget motion, or authority for a fiscal year until the conference committee makes the suballocation report. required by Section 302(b). 302(f)(1) In the House, after action on a budget Bill, joint n/a resolution is completed, prohibits resolution, consideration of legislation providing amendment, new budget authority for any fiscal or conference year that would cause the applicable report. allocation of new budget authority made pursuant to Section 302(a) or (b) for the first fiscal year or for the total of all fiscal years to be exceeded.b, c 302(f)(2)(A) In the Senate, after a budget Bill, joint Three-fifths* resolution is agreed to, prohibits resolution, consideration of legislation (from any amendment, committee other than the motion, or Appropriations Committee) that conference would cause the applicable allocation report. of new budget authority or outlays made pursuant to Section 302(a) for the first fiscal year or for the total of all fiscal years to be exceeded. CRS-6 Senate Section Description Application Waiver Votea 302(f)(2)(B) In the Senate, after a budget Bill, joint Three-fifths* resolution has been agreed to, resolution, prohibits consideration of legislation amendment, from the Appropriations Committee motion, or that would cause the applicable conference suballocation of new budget report. authority or outlays made pursuant to Section 302(b) to be exceeded. 303(a) Prohibits consideration of legislation Bill, joint Simple providing new budget authority, an resolution, majoritye increase or decrease in revenues, an amendment, increase or decrease in the public motion, or debt limit, new entitlement authority conference (in the Senate only), or an increase or report. decrease in outlays (in the Senate only) for a fiscal year until a concurrent resolution for that fiscal year has been agreed to.b, d 303(c) In the Senate, prohibits consideration Bill, joint Simple of any appropriations measure until a resolution, majoritye concurrent resolution for that fiscal amendment of year has been agreed to, and an conference allocation has been made to the report. Committee on Appropriations under Section 302(a).d 305(b)(2) In the Senate, prohibits consideration Amendment. Three-fifths of nongermane amendments. 305(c)(4) In the Senate, prohibits consideration Amendment Three-fifths of nongermane amendments to in amendments in disagreement to a disagreement budget resolution (Section 310(e) to a budget applies this prohibition to resolution amendments in disagreement to (or to reconciliation legislation as well). reconciliation legislation). 305(d) In the Senate, prohibits a vote on a Budget Simple budget resolution unless the figures resolution or majority contained in the resolution are conference mathematically consistent. report. 306 Prohibits consideration of matters Bill, Three-fifths within the jurisdiction of the House resolution, or Senate Budget Committee except amendment, when it is a measure reported by the motion, or committee, or the committee is conference discharged from further report. consideration of the measure, or an amendment to such a measure. CRS-7 Senate Section Description Application Waiver Votea 309 In the House, prohibits consideration Resolution. n/a of an adjournment resolution 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 Amendment. Three-fifths amendments to reconciliation 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.f 310(e) In the Senate, prohibits consideration Amendment. Three-fifths of nongermane amendments to reconciliation legislation or to amendments in disagreement to reconciliation (by reference to Sections 305(b)(2) and 305(c)(4)).g 310(f) In the House, prohibits consideration Resolution. n/a of an adjournment resolution 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 Bill, joint Three-fifths* reconciliation legislation that resolution, contains recommendations with amendment, respect to Social Security. motion, or conference report. 311(a)(1) In the House, prohibits consideration Bill, joint n/a of legislation that would cause new resolution, budget authority or outlays to exceed amendment, or revenues to fall below the levels motion, or set forth in the budget resolution for conference the first fiscal year or for the total of report. all fiscal years for which allocations are made pursuant to Section 302 (a).b, h CRS-8 Senate Section Description Application Waiver Votea 311(a)(2) In the Senate, prohibits consideration Bill, joint Three-fifths* of legislation that would cause new resolution, budget authority or outlays to exceed amendment, the levels set forth in the budget motion, or resolution for the first fiscal year, or conference revenues to fall below the levels set report. forth in the budget resolution for the first fiscal year or for the total of all fiscal years for which allocations are made pursuant to Section 302(a). 311(a)(3) In the Senate, prohibits consideration Bill, joint Three-fifths* of legislation that would cause a resolution, decrease in Social Security surpluses amendment, or an increase in Social Security motion, or deficits relative to the level set forth conference in the budget resolution for the first report. fiscal year or for the total of all fiscal years for which allocations are made pursuant to Section 302(a). 312(b) In the Senate, prohibits the Bill, joint Three-fifths* consideration of legislation that resolution, would cause any of the discretionary amendment, spending limits specified in Section motion, or 251(c) of the Balanced Budget and conference Emergency Deficit Control Act of report. 1985, as amended, to be exceeded.i 312(c) In the Senate, prohibits consideration Budget Three-fifths* of a budget resolution that provides resolution, for a deficit in excess of the amendment, maximum deficit amount specified in or conference the Balanced Budget and Emergency report. Deficit Control Act of 1985, as amended, for the first fiscal year set forth in the resolution.j 313 In the Senate prohibits consideration Reconciliation Three-fifths of extraneous provisions in bill or reconciliation legislation.k resolution (any title or provision), amendment, motion, or conference report. CRS-9 Senate Section Description Application Waiver Votea 401(a) Prohibits consideration of legislation Bill, joint Simple providing new contract authority, resolution, majority borrowing authority, or credit amendment, authority not limited to amounts motion, or provided in appropriations acts.l conference report. 401(b) Prohibits consideration of legislation Bill, joint Simple providing new entitlement authority resolution, majority that is to become effective during the amendment, current fiscal year.j motion, or conference report. 425(a)(1) Prohibits consideration of legislation Bill or joint Simple reported by a committee unless the resolution. majoritye committee has published a statement by CBO on the direct costs of federal mandates. 425(a)(2) Prohibits consideration of legislation Bill, joint Simple that would increase the direct costs resolution, majoritye of federal intergovernmental amendment, mandates by an amount greater than motion, or the thresholds specified in Section conference 424(a). report. 426 In the House, prohibits consideration Resolution, n/a of a rule or order that would waive rule, or order. the application of Section 425. 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 three-fifths of the Members "duly chosen and sworn." For those provisions, which are 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, shall 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 CRS-10 of the appropriate 302(b) allocation. This provision was subsequently readopted in the 110th Congress as a separate order of the House under section 511(a)(5) of H.Res. 6 (110th 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)). It is not clear how the provision in House Rule XXI, clause 8, that points of order under Title III of the Budget Act "shall operate without regard to whether the measure concerned has been reported from committee" would apply to this section. 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 well 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 shall no longer apply in the Senate. f. 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. g. Section 204(g) of H.Con.Res. 290 (106th Congress) provides that for purposes of interpreting Section 305(b)(2) of the Budget Act, an amendment is not germane if it contains predominately precatory language (e.g., Sense of the Senate provisions). h. Section 311(c) provides that 311(a) shall not apply in the House to legislation that would not cause a committee's spending allocation under 302(a) to be exceeded. i. Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, expired at the end of FY2002. j. Currently no maximum deficit amounts are specified under the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. k. For more information on this provision (known as the "Byrd Rule"), see CRS Report RL30862, Budget Reconciliation Procedures: The Senate's "Byrd Rule," by Robert Keith. l. Section 401(d) provides that Sections 401(a) and 401(b) shall 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 wholly owned or mixed ownership government corporations; or (3) gifts or bequests made to the United States for a specific purpose. CRS-11 Table 2. Points of Order Under S.Con.Res. 70 (110th Congress) (Budget Resolution for FY2009) Senate Section Description Application Waiver Votea 302(a) In the House, prohibits the consideration Bill, joint n/a of advance appropriations, except as resolution, provided in this budget resolution.b amendment, or conference report. 311(b) In the Senate, prohibits the consideration Bill, joint Three-fifths of a measure that would cause a net resolution, increase in deficits in excess of $5 amendment, billion in any of the four 10-year periods motion, or beginning in 2019 through 2058.c conference report. 312(a) In the Senate, prohibits the consideration Bill, joint Three-fifths of a measure or provisions that would resolution, exceed any of the discretionary limits amendment, for FY2008-FY2009 specified in motion, or Section 312(b), including any conference adjustments made under the provisions report. of Section 312(c).d 313(a) In the Senate, prohibits the consideration Bill, joint Three-fifths of advance appropriations, except as resolution, specified in this budget resolution.e amendment, motion, or conference report. 314(a) In the Senate, prohibits the consideration Appropriations Three-fifths of appropriations legislation that measure, includes a change in a mandatory amendment, program producing net costs as defined motion, or in Section 314(b).f conference report. 315(a) In the Senate, prohibits the consideration Bill, joint Three-fifths of direct spending or revenue legislation resolution, that would cause a net increase in the amendment, deficit in excess of $10 billion in any motion, or fiscal year provided for in the most conference recently adopted budget resolution report. unless it is fully offset over the period of all fiscal years provided for in the most recently adopted budget resolution.g 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 three-fifths of the Members "duly chosen and sworn." The same voting CRS-12 requirement would also apply to a vote to appeal a ruling of the chair connected with the point of order. b. This section limits the consideration in the House of advance appropriations, except that advance appropriations may be provided for FY2010-FY2011 for those accounts specified in the joint explanatory statement of the conference report for this budget resolution (H.Rept. 110-659) in an aggregate amount not to exceed $28.852 billion. See also the point of order in the Senate as provided in Section 313 of this budget resolution. c. This point of order supercedes earlier, similar points of order provided in H.Con.Res. 95 (108th Congress) and S.Con.Res. 21 (110th Congress). This section is scheduled to expire on September 30, 2017. d. Section 301 establishes similar adjustments for the House, but does not establish a point of order to enforce a discretionary spending limit. e. This section limits the consideration in the Senate of advance appropriations, except that advance appropriations may be provided for FY2010-FY2011 for those accounts specified in the joint explanatory statement of the conference report for this budget resolution (H.Rept. 110-659) in an aggregate amount not to exceed $28.852 billion, and for the Corporation for Public Broadcasting. This point of order supercedes earlier, similar points of order provided in H.Con.Res. 95 (109th Congress) and S.Con.Res. 21 (110th Congress). f. This point of order supercedes an earlier, similar point of order provided in S.Con.Res. 21 (110th Congress). g. This section is scheduled to expire on September 30, 2017. Table 3. 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 Bill, joint Three-fifths any direct spending or revenue resolution, legislation that would increase or cause amendment, or an on-budget deficit for the period of the conference current fiscal year and the five ensuing report. fiscal years or the period of the current fiscal year and the ten ensuing fiscal years.b 202(a) In the Senate, prohibits consideration of Bill, Three-fifths reconciliation legislation that would resolution, increase or cause a deficit (or decrease a amendment, surplus) for the period of the current amendment fiscal year and the five ensuing fiscal between the years or the period of the current fiscal houses, or year and the ten ensuing fiscal years. conference report. CRS-13 Senate Section Description Application Waiver Votea 204(a)(5) In the Senate, prohibits consideration of Bill, Three-fifths provisions that include an emergency resolution, designation as allowed under Section amendment, or 204(a)(2) of this budget resolution to conference provide for exemption in the Senate report. from budget enforcement mechanisms under Sections 302 and 311 of the Congressional Budget Act of 1974, Sections 201, 203, and 207 of this budget resolution.c 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 three-fifths of the Members "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 supercedes 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 specifically excludes the budget resolution or and 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. c. This section concerns the use of emergency designations, but does not establish any point of order against the spending itself. It also requires committees reporting legislation that includes provisions designated as emergency to include in the accompanying written report a justification for the designation. Section 204(b) provides for the use of emergency designations to exempt in the House provisions so designated from budget enforcement mechanisms under Titles III and IV of the Congressional Budget Act. The section does not, however, establish a point of order similar to that of the Senate to enforce or limit the use of such a designation. The point of order in the Senate supercedes earlier, similar points of order provided in 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, and H.Con.Res. 95 (109th Congress). No expiration date is provided for the current point of order. CRS-14 Table 4. Points of Order Under H.Res. 6 (110th Congress) (Rules of the House of Representatives, 110th Congress) Rule and clause Description Application XXI, clause 7 In the House, prohibits consideration of a Budget resolution, budget resolution that includes amendment, or reconciliation instructions that would conference report. provide for an increase in the deficit (or decrease in the surplus) for the period comprising the current fiscal year and the five fiscal years beginning with the fiscal year that ends in the following calendar year or the period comprising the current fiscal year and the ten fiscal years beginning with the fiscal year that ends in the following calendar year. XXI, clause 10 In the House, prohibits consideration of Bill, joint any direct spending or revenue legislation resolution, that would have the net effect of increasing amendment, or the deficit (or reducing the surplus) for the conference report. period comprising the current fiscal year and the five fiscal years beginning with the fiscal year that ends in the following calendar year or the period comprising the current fiscal year and the ten fiscal years beginning with the fiscal year that ends in the following calendar year. 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 Bill, joint legislation that would provide for a net resolution, increase in Social Security benefits or amendment, or decrease in Social Security taxes in excess conference report. 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 Notes: This point of order provision is a freestanding provision of 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. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-97-865