Budget Points Of Order

United States Senate

Committee on the Budget

Senator Mike Enzi, Chairman


June 2015

POINTS OF ORDER IN THE SENATE FOR ENFORCING

S. CON. RES. 11, THE CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2016

  • Controlling statutes and budget resolutions:

­ Congressional Budget Act of 1974, P.L. 93-344, as amended.

­ Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA), P.L. 99-177, as amended.

­ Statutory Pay-As-You-Go Act of 2010 (S-PAYGO), P.L. 111-139, as amended.

­ S. Con. Res. 21, the FY 2008 budget resolution (110th Congress).

­ S. Con. Res. 13, the FY 2010 budget resolution (111th Congress).

­ S. Con. Res. 11, the FY 2016 budget resolution (114th Congress).

  • Points of order in bold require three-fifths of Members duly chosen and sworn to waive or appeal. If the presiding officer sustains a point of order, the offending measure is sent back to the committee of jurisdiction.
  • Points of order in blue are “surgical.” If the presiding officer sustains the point of order, the offending provision(s) are struck from the bill or amendment, but the rest of the legislative text remains.
  • A point of order created by a concurrent resolution on the budget is enforceable until it is repealed by a new budget resolution or by statute, or until it expires.
  • All years are fiscal years.

Points of order applicable to all legislation under the following sections of The Congressional Budget Act of 1974:

302(c)        Appropriations: Prohibits consideration of legislation from the Appropriations Cmte. that provides new budget authority if the Cmte. has not yet filed 302(b) subcommittee allocations.

302(f)        Allocations:  Prohibits consideration of legislation that exceeds an authorizing committee’s 302(a) allocation for 2015, 2016, the total for 2016-2020, or the total for 2016-2025.

­   For the Appropriations Cmte. only: Prohibits consideration of legislation that exceeds each subcommittee’s 302(b) sub-allocation for security and non-security categories for 2016.

303(a)       New Spending, Revenue or Debt-Limit Legislation:  Prohibits consideration of any new spending, revenue, or debt limit legislation for a fiscal year until a budget resolution covering that fiscal year has been agreed to.

303(c)        No Budget—No Appropriations: Prohibits consideration of any appropriations legislation for 2015 or later years until the budget resolution for each of those years has been agreed to and a 302(a) allocation has been made to the Appropriations Cmte.

306            Budget Committee Jurisdiction:  Prohibits consideration of any legislation within the jurisdiction of the Budget Cmte. that was not reported or discharged from the Budget Cmte.

311(a)(2)   Spending and Revenue Aggregates:  Prohibits consideration of legislation that exceeds the aggregate spending levels in the budget resolution for 2015 or 2016; or causes the aggregate revenue level to fall below the level in the budget resolution for 2015, 2016, the total for 2016-2020, or the total for 2016-2025.

311(a)(3)   Social Security Aggregates:  Prohibits consideration of legislation that would cause a decrease/increase  in the Social Security surplus/deficit relative to the levels set out in the budget resolution for 2015, 2016, the total for 2016-2020, or the total for 2016-2025. 

312(b)       Statutory Discretionary Spending Caps: Prohibits consideration of a measure that would cause spending to exceed the discretionary limits in section 251(c) of BBEDCA.  Does not apply when a declaration of war is in effect.  A similar point of order exists under section 314(f).

314(e)       Emergency Designation: Permits any Senator to strike an emergency designation in an appropriation bill made pursuant to section 251(b)(2)(A)(i) of BBEDCA (see endnote).

314(f)        Statutory Discretionary Spending Caps: Prohibits consideration of a measure that would cause budget authority for any year to exceed the discretionary limits set forth in sec. 251(c), as revised by sec. 251A, of BBEDCA, as amended. NOTE: A similar point of order exists under sec. 312(b).

401(a)       New Borrowing Authority: Prohibits consideration of legislation providing new contract authority, borrowing authority, or credit authority that is not limited to amounts provided in advance in an appropriation act.

401(b)(1) New Entitlement Authority: Prohibits consideration of legislation providing new entitlement authority that is to become effective during the current year.

425(a)(1)   No Unfunded Mandates without CBO Estimate:  Prohibits consideration of any committee-reported legislation unless a CBO estimate of any federal intergovernmental or private sector mandates has been printed in the committee report or the Congressional Record.

425(a)(2)   No Unfunded Mandates in Excess of Limit:  Prohibits consideration of any legislation that contains an unfunded intergovernmental mandate in excess of the statutory limit ($77 million in 2015; $78 million in 2016) for the five consecutive years following the mandate’s effective date, inclusive.

Point of order applicable to all legislation under S-PAYGO, as amended:

4(g)(3)       Emergency Designation: Permits any Senator to strike the emergency designation of direct spending or revenues made pursuant to section 4(g) of S-PAYGO (see endnote).

Point of order applicable to all legislation under the FY 2008 budget resolution:

201(a)       Senate Pay-As-You-Go: Prohibits consideration of direct spending or revenue legislation that would cause or increase an on-budget deficit for the sum of 2015-2020 or the sum of 2015-2025.

Points of order applicable to all legislation under the following sections of the FY 2010 budget resolution:

403(e)       Emergency Designation: Permits any Senator to strike the emergency designation of direct spending or revenues made pursuant to section 403(a) of the 2010 budget resolution (see endnote).

404(a)       Short-Term Deficits: Prohibits consideration of legislation (except appropriation bills) that would cause a net increase in the deficit in excess of $10 billion in any year 2015-2025 unless it is fully offset over that period.

 405(a)      Surface Transportation Funding: Prohibits consideration of legislation that extends the authority or reauthorizes surface transportation programs if it appropriates budget authority from sources other than the Highway Trust Fund (including the Mass Transit Account of such fund).

Points of order applicable to all legislation under the following sections the FY 2016 budget resolution:

3101          Long-term Deficits:  Prohibits consideration of legislation that would cause a net increase in the on-budget deficit in excess of $5 billion in any of the four 10-year periods: 2026-2035, 2036-2045, 2046-2055, and 2056-2065.

3103          CHIMPS in Appropriations Acts: Prohibits consideration of any measure providing full-year appropriations that includes Changes in Mandatory Programs (CHIMPS) that, if enacted, would cause the absolute value of the total budget authority of all CHIMPS enacted in 2016 to be more than $19,100,000,000.

 

3104          CHIMPS affecting the Crime Victims Fund:  Permits any Senator to strike a provision containing a CHIMP affecting the Crime Victims Fund that, if enacted, would cause the total budget authority of all CHIMPS affecting the Crime Victims Fund in FY 2016 to be more than $10.8 billion.

3202          Advance Appropriations: Prohibits advance appropriations except those provided for 2017 and 2018 and only for those accounts specified. Exception for certain accounts. Cap of $28.852 billion in total budget authority (in each fiscal year) for non-exempt accounts.

3205          Score Required: Prohibits a vote on final passage of legislation for which CBO is required to produce a cost estimate under sec. 402 of the Congressional Budget Act unless that score is publicly available at least 28 hours before the vote.

Points of order applicable only to consideration of budget resolutions and/or reconciliation bills under the following sections of the Congressional Budget Act:

301(g)      Assumptions: Prohibits more than one set of economic and technical assumptions in a budget resolution.

301(i)       Social Security: Prohibits consideration of a budget resolution that would decrease the Social Security surplus in any year covered by the resolution.

305(b)(2) Germaneness: Prohibits the consideration of non-germane amendments to a budget resolution and, by cross reference in section 310(e), to reconciliation legislation. An amendment is germane per se if it: (i) changes numbers; (ii) changes dates; (iii) is a motion to strike. Germaneness is determined on a case-by-case basis.

305(c)(4) Germaneness/Disagreement between Houses: Prohibits the consideration of non-germane amendments to amendments reported in disagreement between the House and the Senate with respect to a budget resolution and, by cross reference in section 310(e), to reconciliation legislation.

305(d)      Mathematical Consistency: Prohibits a vote on the adoption of a budget resolution that is not mathematically consistent.

310(d)(1) Reported Savings: Prohibits consideration of amendments to a reconciliation bill that, on net, would increase the deficit relative to the reported savings in the bill (pursuant to sec. 3206 of the FY 2016 budget resolution).

310(g)      Social Security: Prohibits consideration of reconciliation legislation that contains changes to Title II of the Social Security Act (the Old-Age and Survivor’s Insurance program and the Disability Insurance program). 

312(b)      Statutory Discretionary Spending Caps: Prohibits consideration of a measure (including a budget resolution) that would cause spending to exceed the discretionary limits in section 251(c) of BBEDCA.  Does not apply when a declaration of war is in effect.  A similar point of order exists under section 314(f), but it does not apply to budget resolutions.             

313(b)      Byrd Rule: Prohibits consideration of extraneous provision(s) in reconciliation legislation.


ENDNOTES

Emergencies. There are three separate emergency designations available in budget law, each of which exempts the provision in question from a specific enforcement regime:

(1)  Sec. 251(b)(2)(A)(i) of BBEDCA exempts discretionary spending from most level-related discipline. Strike this designation using sec. 314(e) of the Congressional Budget Act.

(2)  Sec. 4(g)(1) of S-PAYGO exempts the cost (or savings) of direct spending or revenue measures from the Statutory PAYGO scorecards maintained by OMB (which are used to determine a sequester of direct spending). Strike this designation using sec. 4(g)(3) of S-PAYGO.

(3)  Sec. 403(a) of the FY 2010 budget resolution exempts any spending (discretionary or mandatory) or revenue from most level-related discipline. Strike this designation using sec. 403(e) of S. Con Res. 13.

The script used to raise or waive a point of order on an emergency designation must reference the appropriate section(s) of budget law.

Waiving points of order. Section 904 of the Congressional Budget Act of 1974 permits any Senator to offer a motion to waive one or more applicable points of order found in titles III and IV of the Congressional Budget Act. Points of order created in prior budget resolutions or another statute (e.g. S-PAYGO) usually contain their own provisions for waiving those points of order.