BEA 1997 (Contents)
Budget Enforcement Act of 1997
Section 10115
Title X—Budget Enforcement and Process Provisions
Subtitle A—Amendments to the Congressional Budget and Impoundment Control Act of 1974
SEC.10115. Effect of adoption of a special order of business in the House of Representatives.
(a) Effects of Points of Order.—Title III of the Congressional Budget Act of 1974 is amended by adding after section 314 the following new section:
“EFFECT OF ADOPTION OF A SPECIAL ORDER OF BUSINESS IN THE HOUSE OF REPRESENTATIVES
“Sec. 315. For purposes of a reported bill or joint resolution considered in the House of Representatives pursuant to a special order of business, the term ‘as reported’ in this title or title IV shall be considered to refer to the text made in order as an original bill or joint resolution for the purpose of amendment or to the text on which the previous question is ordered directly to passage, as the case may be.”.
(b) Conforming Amendments.—The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 314 the following new item:
“Sec. 315. Effect of adoption of a special order of business in the House of Representatives.”.
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COUNSEL NOTES
Codification
This section was not classified to the U.S. Code.
EXPLANATORY STATEMENT OF MANAGERS
(H. CONF. REPT. 105-217)
The joint explanatory statement of managers for the conference committee on H.R. 2014 summarized this section as follows:
16. Addition of a new section 315 to the Congressional Budget Act
HOUSE BILL (SECTION 11114)
The House bill provides that it is not necessary to waive the Budget Act as part of a House resolution to consider legislation in which the resolution eliminates the source of the Budget Act violation. Most points of order under the Budget Act lie against consideration of the bill as originally reported by a committee. If the reported version of the bill violates the Budget Act, then the Chairman of the Budget Committee often arranges to have the violation corrected as part of a rule that effectively amends the version of the bill pending before the House. However, it is still necessary to waive the point of order because the point of order lies against the bill as reported. As modified, it will no longer be necessary to waive the point of order in order to consider a bill in which the rule eliminates the source of the violation.
SENATE AMENDMENT
No provision.
CONFERENCE AGREEMENT (SECTION 10115)
The Conference agreement reflects the House bill with technical changes providing that it is not necessary to waive the Budget Act when the source of the Budget Act violation in the reported bill is eliminated through a special rule or unanimous consent request. This provision only applies in the House.
U.S. Congress, Joint Explanatory Statement on the Committee of Conference on the Balanced Budget Act of 1997; (Conference Report), Committee on the Budget, House of Representatives, 105th Congress, 1st Session, Washington D.C. 1997, p. 994.
Congressional Research service report
CRS issued a report on the Budget Enforcement Act of 1997 (Pub. L. 105-33), including this description of this section:
Section 10115. Effect of Adoption of a Special Order of Business in the House of Representatives. Section 10115 of the act adds a new Section 315 to the CBA effectively providing that in the House a point of order under Titles III and IV will not lie against a reported bill if it is considered under a rule (a “special order of business”), reported by the House Rules Committee, that eliminates the violation. The change eliminates the need to waive the CBA under circumstances where the violation would have been cured under the usual legislative practice.
CRS – Budget Enforcement Act of 1997: Summary and Legislative History by Robert Keith (97-931 GOV) October 8, 1997, p. 14.
LEGISLATIVE HISTORY NOTES
Pub. L. 105–33, title X, §10000, Nov. 5, 1990, 111 Stat. 690; (Budget Enforcement Act of 1997).
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Budget Counsel 