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Section 210
Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987
title II—BUDGET PROCESS REFORM
Sec. 210. Appeals of Certain Rulings in the Senate.
(a) In General.—Section 271 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection:
“(c) Appeals of Rulings.—An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under section 301(i), 302(c), 302(f), 304(b), 306, 310(d), 310(g), or 311(a) of the Congressional Budget Act of 1974.”.
(b) Conforming Amendment.—Section 275(b)(2)(D) of such Act is amended by striking out “section 271(b)” and inserting in lieu thereof “subsections (b) and (c) of section 271”.
Counsel Notes
Codification
This section is not classified to the U.S. Code.
Joint Explanatory Statement (BBEDCRA 1987)
The Joint Explanatory Statement of the Managers of Conference on the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 included this description:
4. Budget Act Waivers and Appeals in the Senate
Current Law
The House and Senate may waive points of order under the 1974 Budget Act by various means, including, in the Senate, motions made under Section 904(b) of the Act. Until the enactment of the 1985 Balanced Budget Act, waivers of the 1974 Budget Act, including motions made under Section 904(b), required the approval of only a simple majority. Section 271(a) and (b) of the 1985 Balanced Budget Act established in the Senate requirements for a three-fifths votes of all Members (60 Members) to waive most points of order under Title III of the 1974 Budget Act. However, because rulings by the Chair on these points of order can be overturned upon appeal by a simple majority of the Senate, the three-fifths vote requirements for Budget Act waivers can be circumvented if a ruling on a point of order is successfully applied.
Most of the three-fifths vote requirements under Section 271 of the 1985 Balanced Budget Act expire on September 30, 1991.
Senate Amendment
The Senate amendment (Section 233) amends Section 271 of the 1985 Balance Budget Act to extend the requirement for a three-fifths vote of the Senate for certain waivers of the 1974 Budget Act to appeals of rulings by the Chair. Further, the Senate amendment (Section 234) adds Section 302(c) of the 1974 Budget Act, which prohibits the consideration of spending legislation before a committee has reported its subdivisions of spending under Section 302(b), to the list of sections that require a three-fifths vote for waiver or appeal.
The Senate amendment changes the expiration date of the three-fifths vote requirements under Section 271 to September 30, 1992.
Conference Agreement
The House recedes and concurs in the Senate amendment, except that the expiration date of the three-fifths vote requirements under Section 271 is changed to September 30, 1993.U.S. House of Representatives, Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987: Conference Report to Accompany H. J. Res. 324, House Ways and Means Committee (H. Rept. 100-313) September 21, 1987.
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