Waiver Rule: A special rule in the House that waives points of order against a measure or an amendment.
In the House, the prohibition against motions to recommit concurrent resolutions on the budget under Section 305(a)(2) of the Congressional Budget Act of 1974 is typically not counted as a separate point of order. Likewise, the requirement under Section 308(a) of the act for reports on legislation to include cost estimates is not formulated as a point of order, although the House has deemed it necessary to formally waive the provision on occasion.
In the House, the Congressional Budget Act of 1974 points of order are typically waived by the adoption of special rules, although other means (such as unanimous consent or suspension of the rules) may also be used. A waiver may be used to protect a bill, specified provision(s) in a bill, or an amendment from a point of order that could be raised against it. Waivers may be granted for one or more amendments even if they are not granted for the underlying bill. The House may waive the application of one or more specific points of order, or they may include a “blanket waiver,” that is, a waiver that would protect a bill, provision, or amendment from any point of order.
- Point of Order (CongressionalGlossary.com)
- Bills / Measure / Passed (CongressionalGlossary.com)
- “Investigative Oversight: An Introduction to the Law, Practice and Procedure of Congressional Inquiry,” CRS Report 95-464 (60-page PDF)
- “The Bipartisan Budget Act of 2018 and an FY2019 Budget Resolution,” CRS Report R45157 (34-page PDF)
- “Conference Committee and Related Procedures: An Introduction,” CRS Report 96-708 (14-page PDF)
- “Points of Order, Rulings, and Appeals in the House of Representatives,” CRS Report 98-307 (6-page PDF)
- “Points of Order in the Congressional Budget Process,” CRS Report 97-865 (21-page PDF)
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