Points of Order in the Congressional Budget Process [February 13, 2015]   [open pdf - 299KB]

"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 of budgetary decisions 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 the points of order currently in effect under the Congressional Budget Act of 1974, as amended, as well as related points of order established in various other measures that have a direct impact on budget enforcement. These related measures include the budget resolutions adopted by Congress in 2007 (S.Con.Res. 21, 110th Congress), 2008 (S.Con.Res. 70, 110th Congress), and 2009 (S.Con.Res. 13, 111th Congress), as well as selected provisions in the Rules of the House and separate orders for the 114th Congress (H.Res. 5, 114th Congress), including provisions originally adopted by the House in H.Con.Res. 25 (113th Congress), the Budget Enforcement Act of 1990 (P.L. 101-508), the Statutory Pay-As-You-Go Act of 2010 (P.L. 111-139), and the Bipartisan Budget Act of 2013 (P.L. 113-67). In addition, the report describes how points of order are applied and the processes used for their waiver in the House and Senate. These provisions have been adopted pursuant to the constitutional authority of each chamber to determine its rules of proceeding."

Report Number:
CRS Report for Congress, 97-865
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