§015p. (CB) Point of Order

Cyclopedia

Point of Order

Summary

A point of order is an assertion brought by member of Congress after being recognized by the Presiding Officer from the floor that a violation of the rules has occurred. . If the Presiding Officer agrees that an action contradicts the rule, then some form of corrective procedure is triggered. The most common points of order in Budget Law in both the House and Senate result in a corrective action of prohibiting the consideration of a measure. This simply means that if a point of order is sustained against a bill, joint resolution, motion, conference report or amendment, it may not be debated, subjected to amendment or further motions, or adoption by the chamber.

A less common point of order, but still very important, are those called “surgical”, which means they are raised against a specific provision of a measure and, if sustained, cause the provision to be stripped. Examples of surgical points of order are the “Byrd Rule” (section 313 (CBA)) or clause 2 of Rule XXI in the House.

Glossary of the U.S. Senate

Point of Order

A claim made by a senator from the floor that a rule of the Senate is being violated. If the chair sustains the point of order, the action in violation of the rule is not permitted.

Glossary of the Congressional Research Service

Point of Order

A member’s statement to the presiding officer that the chamber (or committee) is taking action contrary to the rules or precedents, and a demand that they be enforced. (CRS Link)

GAO Glossary of Terms and Definition (September 2005)

Point of Order

An objection raised on the House or Senate floor or in committees to an action being taken as contrary to that body’s rules. In the House, for example, a point of order may be raised under Rule XXI objecting to an appropriation in an appropriation bill that was not previously authorized by law.

Many of the rules established in the Congressional Budget Act and related rules preclude the consideration of legislation that would violate totals in the budget resolutions, spending limits, or committee allocations. These rules are typically enforced through points of order. Points of order may be waived by a majority vote in the House. In the Senate, only points of order under the Budget Act may be waived (not points of order against actions that violate the Senate’s standing rules), but the waiver generally requires a three-fifths vote. (See also Concurrent Resolution on the Budget; Congressional Budget Act.)