Jump down to Points of Order Table
What is a Point of Order?
A “point of order” is a procedural objection that a Representative or Senator may raise against a bill, resolution, amendment, or conference report on the House or Senate Floor, respectively. In general, if the Presiding Office, advised by the Parliamentarian, sustains the point of order (i.e., finds it to be a valid objection), the offending bill, resolution, amendment, or conference report “falls” (i.e., it is removed from consideration by the House or Senate).
The principal exception is a “Byrd Rule” point of order, explained in § 4.11, where the offending provision of a budget reconciliation bill is automatically stricken from the measure.
The only other point of order that strikes an offending provision relates to emergency spending designations.
Points of order typically state that “it shall not be in order” for the House or Senate to consider a bill, joint resolution, amendment, or conference report that is inconsistent with a particular budgetary limitation or requirement.
Points of order can be waived. In the House of Representatives, waivers most often occur as part of “special rules,” adopted by the House, which set forth the procedural conditions under which particular legislation will be considered. Budget waivers in the House may apply to one or more specified points of order, or may include a blanket waiver of all budgetary points of order.
In the Senate, points of order may be waived by either a simple majority, or a supermajority pursuant to subsections 904(b) and (c) of the 1974 Budget Act, as amended. Supermajorities of three-fifths of the Members of the Senate “duly chosen and sworn” are required to waive certain points of order (or to overturn a ruling of the Chair) in order to strengthen certain budgetary requirements. The supermajority requirements are indicated in the table below by the “60 votes” designations. The 60 vote requirements are either permanent, or temporary with an expiration date of September 30, 2025 (now passed).
Most points of order are set forth in the Congressional Budget Act of 1974, as amended. Others are set forth in the Balanced Budget and Emergence Deficit Control Act of 1985 as amended, the Statutory Pay-As-You-Go Act of 2010, the Rules of the House of Representatives or Senate, or in budget resolutions. For example, the FY 2022 budget resolution includes points of order relating to advance appropriations in the House and advance appropriations in the Senate.
Table: Budget Points of Order in the House & Senate
In the following table:
“leg.” = bills, resolutions, motions, amendments, and conference reports;
“BR” = budget resolution // “BA” = Budget Authority // “OT” = outlays.
“1974 CBA” = Congressional Budget and Impoundment Control Act of 1974, as amended
“PAYGO” = Statutory PAYGO Act of 2010
“1990 BEA” = Budget Enforcement Act of 1990