Points of Order in the Congressional Budget Process
| Section | Description | Application | Senate Waiver Votea |
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| |||
| 311(a)(3) | In the Senate, prohibits consideration of legislation that would cause a decrease in Social Security surpluses or an increase in Social Security deficits relative to the level set 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). | Bill, joint resolution, amendment, motion, or conference report. | Three-fifths* |
| 312(b) | In the Senate, prohibits the consideration of legislation that would cause any of the discretionary spending limits specified in Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, to be exceeded.i | Bill, joint resolution, amendment, motion, or conference report. | Three-fifths* |
| 312(c) | In the Senate, prohibits consideration of a budget resolution that provides for a deficit in excess of the maximum deficit amount specified in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, for the first fiscal year set forth in the resolution.j | Budget resolution, amendment, or conference report. | Three-fifths* |
| 313 | In the Senate, prohibits consideration of extraneous provisions in reconciliation legislation.k | Reconciliation bill or resolution (any title or provision), amendment, motion, or conference report. | Three-fifths |
| 314(e) | In the Senate, provides for a point of order against the use of an emergency designation as allowed under Section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act.l | Bill, joint resolution, amendment, motion, or conference report. | Three-fifths*m |
| 314(f) | Prohibits consideration in the House or Senate of legislation that would cause the discretionary spending limits set forth in Section 251 of the Balanced Budget and Emergency Deficit Control Act, as amended by the Budget Control Act of 2011 to be exceeded.i | Bill, joint resolution, amendment, motion, or conference report. | Three-fifths*n |
| 401(a) | Prohibits consideration of legislation providing new contract authority, borrowing authority, or credit authority not limited to amounts provided in appropriations acts.o | Bill, joint resolution, amendment, motion, or conference report. | Simple majority |
| 401(b) | Prohibits consideration of legislation providing new entitlement authority that is to become effective during the current fiscal year.p | Bill, joint resolution, amendment, motion, or conference report. | Simple majority |
| 425(a)(1) | Prohibits consideration of legislation reported by a committee unless the committee has published a statement by CBO on the direct costs of federal mandates. | Bill or joint resolution. | Three-fifths*p |
Congressional Research Service
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