Points of Order in the Congressional Budget Process

Publication Date: June 2008

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

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 Enforcement Act of 1990 (P.L. 101-508) and those established in budget resolutions adopted by Congress in 2003 (H.Con.Res. 95, 108th Congress) and 2005 (H.Con.Res. 95, 109th Congress). 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.