Points of Order in the Congressional Budget Process
Table 6. Related Points of Order Under the Standing Rules and Separate Orders
Adopted by the House (114th Congress)
| Citation | Description | Application |
| Rule XXI, clause 7 | In the House, prohibits consideration of a budget resolution that includes reconciliation instructions that would provide for an increase in net direct spending for the period covered by the resolution.a | Budget resolution, amendment, or conference report. |
| Rule XXI, clause 10 | In the House, prohibits consideration of legislation that would have the net effect of increasing mandatory spending for the period comprising the current fiscal year, the budget year, and the four fiscal years following that budget year, or the current fiscal year, the budget year, and the nine fiscal years following that budget year.b | Bill, joint resolution, amendment, or conference report. |
| Separate Orders, Section 3(h)(1) | In the House, prohibits the consideration of a budget resolution that does not include separate presentation of means-tested and non-means-tested direct spending. | Budget resolution, amendment, or conference report. |
| Separate Orders, Section 3(q)(1) | In the House, prohibits consideration of legislation that would reduce the actuarial balance of the present value of future taxable payroll by at least 0.01% of the Federal Old-Age and Survivors Insurance Trust Fund for the 75-year period utilized in the most recent report of the Board of Trustees.c | Bill, joint resolution, amendment, or conference report. |
Source: H.Res. 5 (114th Congress).
| a. | This point of order was first adopted as a part of the rules of the House in the 112th Congress and supersedes earlier points of order adopted as part of the rules of the House for the 110th and 111th Congresses prohibiting reconciliation instructions that would increase the deficit (or decrease the surplus) for a period comprising the current fiscal year, the budget year, and the four fiscal years following that budget year, or the current fiscal year, the budget year, and the nine fiscal years following that budget year. |
| b. | Rule XXI, clause 10(b) provides that when a measure is considered by the House under the terms of a special order directing the Clerk to add at the end of the measure, the provisions of another measure previously passed by the House, those additional provisions are included in determining the application of this point of order. Rule XXI, clause 10(c) excludes provisions designated as an emergency for purposes of the Statutory PAYGO Act of 2010 from calculations to determine the application of this point of order. This point of order was first adopted as a part of the rules of the House in the 112th Congress and supersedes earlier points of order adopted as part of the rules of the House for the 110th and 111th Congresses prohibiting the consideration of direct spending or revenue legislation that would have the net effect of increasing the deficit (or reducing the surplus) for similar periods. For more on the House Pay-As-You-Go rule in the 110th and 111th Congresses, see CRS Report R41510, Budget Enforcement Procedures: House Pay-As-You-Go (PAYGO) Rule, by Bill Heniff Jr. |
| c. | Section 3(q)(2) provides that this point of order would not apply to legislation that would improve the actuarial balance of the combined balance in the Federal Old Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund over the same 75-year period. See also point of order under Section 3301(a) of S.Con.Res. 11 (114th Congress). |
Congressional Research Service
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