Chapter 41, Deschler’s Precedents

Chapter 41
Deschler’s Precedents
Volume 18

[pp. 245-246]

D. Budget Act Points of Order

§ 15. Section 315 

Section 315 of the Congressional Budget Act,[1] added by the Budget Enforcement Act of 1997,[2] 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.[3] 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[4] 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

[1] 2 USC § 645a.

[2] Pub. L. No. 105–33.

[3] . See also Rule XXI clause 8 (rendering title III of the Congressional Budget Act applicable to unreported measures). House Rules and Manual § 1068c (2011).

[4] 157 Cong. Rec. H9 [Daily Ed.], 112th Cong. 1st Sess., Jan. 5, 2011 (H. Res. 5, sec. 3(a)(2)); 155 Cong. Rec. 9, 111th Cong. 1st Sess., Jan. 6, 2009 (H. Res. 5, sec. 3(a)(2)); 153 Cong. Rec. 19, 110th Cong. 1st Sess., Jan. 4, 2007 (H. Res. 6, sec. 511(a)(2)); 151 Cong. Rec. 44, 109th Cong. 1st Sess., Jan. 4, 2005 (H. Res. 5, sec. 3(a)(2)); 149 Cong. Rec. 10, 108th Cong. 1st Sess., Jan. 7, 2003 (H. Res. 5, sec. 3(a)(2)); 147 Cong. Rec. 24, 107th Cong. 1st Sess., Jan. 3, 2001 (H. Res. 5, sec. 3(b)(2)); 145 Cong. Rec. 47, 106th Cong. 1st Sess., Jan. 6, 1999 (H. Res. 5, sec. 2(a)(3)). See § 9, supra.

§ 15. Section 315 [pdf]

Deschler’s Precedents, Chapter 41, Volume 18; (H. Doc. 94-661), 112th Congress, Tuesday, April 2, 2013.

§14. Former Section 402(a)

§16. Section 306

[BCR § 075]