D. Budget Act Points of Order
§ 15. Section 315
Section 315 of the Congressional Budget Act, added by the Budget Enforcement Act of 1997, provides that self-executed amendments or amendments made in order as original text by a special order are considered ‘‘as reported’’ for purposes of titles III and IV of the Budget Act. Special orders utilizing these types of amendments often do so for the purpose of ‘‘curing’’ parliamentary violations (under the Congressional Budget Act or otherwise) contained in the underlying legislation. Before the advent of section 315, such curative amendments would not have qualified under the Congressional Budget Act as having been ‘‘reported’’ from committee. Thus, the legislation would still have required a waiver of Budget Act points of order despite the clear intention to remove any Budget Act violations via the curative amendment.
Relatedly, the House has also adopted free-standing orders to apply Budget Act points of order to such ‘‘self-executed’’ amendments or amendments made in order as original text for purposes of amendment. In the 106th through the 112th Congresses, the House adopted a separate order on opening day to evaluate section 303(a) points of order against reported bills or joint resolutions considered under a special order of business on the basis of either the text made in order as original text for purposes of amendment or the text on which the previous question is ordered directly to passage