Clause 10 was added in the 110th Congress (sec. 405, H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)) and amended in the 111th Congress (sec. 2(j), H. Res. 5, Jan. 6, 2009, p. 7; sec. 5, H. Res. 1500, July 1, 2010, p. 12572). In its original form it addressed increases in the deficit or surplus caused by changes in revenue and direct spending. It was changed to its present form in the 112th Congress (sec. 2(d), H. Res. 5, Jan. 5, 2011, p. 80). The Chair is authoritatively guided by estimates from the chair of the Committee on the Budget whether the net effect of an amendment increases mandatory spending as compared to the proposition to which offered (e.g., Jan. 26, 2011, p. 920; Mar. 3, 2011, pp. 3171, 3172 (sustained by tabling of appeal); Mar. 10, 2011, p. 3765; Mar. 11, 2011, p. 3829). A point of order against a bill under this clause is not timely pending the question of engrossment and third reading (Mar. 30, 2011, pp. 4715, 4716). The House in the 115th Congress provided that certain conveyances of Federal land not be considered as providing new budget authority, decreasing revenues, increasing mandatory spending, or increasing outlays (sec. 3(q), H. Res. 5, Jan. 3, 2017, p. __).

§1068h. Limitation on long-term spending.For the 112th and 115th Congresses, the House established a point of order against consideration of a measure increasing mandatory spending above a certain threshold over four 10-fiscal-year periods (sec. 3(g) of H. Res. 5, Jan. 5, 2011, p. 80; (sec. 3(h), H. Res. 5, Jan. 3, 2017, p. __). A similar provision has been carried in concurrent resolutions on the budget (e.g., sec. 3101, S. Con. Res. 11, 114th Cong.).

§1068i. Former pay-as-you-go point of order.Under the former clause 10, the Chair was authoritatively guided by estimates from the Committee on the Budget as to the net effect of a provision on the relevant surplus or deficit (Dec. 12, 2007, p. 34065). Spending provided by appropriation Acts did not constitute “direct spending” (May 15, 2008, p. 9229). For a complete recitation of precedents under the former clause, see §1068e of the House Rules and Manual for the 111th Congress (H. Doc. 110–162).

Clause 10 of Rule XXI from the 115th Congress

Pursuant to H. Res. 6 (116th Congress), clause 10 of rule XXI was amended to reestablish the “paygo” point of order that was in force during the 110th and 111th Congresses, but was replaced by the “cutgo” point of order for the 112th through the 115th Congresses. The main distinction between the two is that Cutgo prohibits the consideration of measures increasing  direct spending whereas the Paygo point of order prohibits the consideration of measures increasing the deficit. The latter is calculated as the net effect of increases and decreases both outlays and revenue.

[Cut-As-You-Go]

§1068f. Cut-as-you-go point of order.

10. (a)(1) Except as provided in paragraphs (b) and (c), it shall not be in order to consider a bill or joint resolution, or an amendment thereto or a conference report thereon, if the provisions of such measure have the net effect of increasing mandatory spending for the period of either—

(A) the current year, the budget year, and the four fiscal years following that budget year; or

(B) the current year, the budget year, and the nine fiscal years following that budget year.

(2) For the purpose of this clause, the terms ‘‘budget year’’ and ‘‘current year’’ have the meanings specified in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985, and the term ‘‘mandatory spending’’ has the meaning of ‘‘direct spending’’ specified in such section 250 except that such term shall also include provisions in appropriation Acts that make outyear modifications to substantive law as described in section 3(4)(C) of the Statutory Pay-As-You-Go Act of 2010.

(b) If a bill or joint resolution, or an amendment thereto, is considered pursuant to a special order of the House directing the Clerk to add as new matter at the end of such bill or joint resolution the entire text of a separate measure or measures as passed by the House, the new matter proposed to be added shall be included in the evaluation under paragraph (a) of the bill, joint resolution, or amendment.

(c)(1) Except as provided in subparagraph (2), the evaluation under paragraph (a) shall exclude a provision expressly designated as an emergency for the Statutory Pay-As-You-Go Act of 2010, in the case of a point of order under this clause against consideration of— .

(A) a bill or joint resolution;

(B) an amendment made in order as original text by a special order of business;

(C) a conference report; or

(D) an amendment between the Houses.

(2) In the case of an amendment (other than one specified in subparagraph (1)) to a bill or joint resolution, the evaluation under paragraph (a) shall give no cognizance to any designation of emergency.