CBA (Contents)
Congressional Budget Act of 1974
Section 315
TITLE III – CONGRESSIONAL BUDGET PROCESS
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. In the case of a reported bill or joint resolution considered pursuant to a special order of business, a point of order under section 303 shall be determined on the basis of 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.”
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Counsel Notes
Codification
This section is classified to the U.S. Code at 2 U.S.C. 645a
Explanatory Notes
General
Before the addition of section 315, a bill in violation of the Congressional Budget Act of 1974, even were it to be brought into compliance through the use of text which amended the bill “as reported” (“self-executing” language), the bill would remain in violation even though the text considered on the House Floor was not. By adding this text, the House is able to consider a bill in compliance without the use of Budget Act waivers when the text has been brought into compliance.
The section 303 problem
Though section 315 provides a method by which budget points of order may be addressed (“fixed”) for titles III and IV of the Budget Act, the drafters neglected to make special provision for section 303 which does not use the specific term “as reported” though it has the effect of only applying to reported bill or joint resolutions.
Interim: As an interim step from the 106th Congress through the 112th Congress, special provision was made for section 303 to parallel the 315 fix. The “Separate Orders” section of the organizing resolutions for those Congresses, H. Res. 5 in each case, as that is the typical number for such resolutions, included text to apply the same concept embodied in section 315 to section 303.
Bipartisan Budget Act of 2013 legislative fix: With the adoption of the BBA 2013, the last sentenced in the section was added and made the interim fixes no longer necessary as it addressed on a more permanent basis the omission in the original draft from the Budget Enforcement Act of 1997.
Clause 8 of Rule XXI of the Rules of the House of Representatives
With the advent of the 110th Congress, some of the reason for section 315 was obviated since the clause 8 of rule XXI of the Rules of the House applied certain Budget Act points of order to nonreported bills. Significantly, the language of clause 8 does not include points of order under title IV of the Budget Act. This omits section 401, which, while not often cited, has significant budgetary implications for contract authority and entitlement authority. From Rule XXI:
8. With respect to measures considered pursuant to a special order of business, points of order under title III of the Congressional Budget Act of 1974 shall operate without regard to whether the measure concerned has been reported from committee. Such points of order shall operate with respect to (as the case may be)—
(a) the form of a measure recommended by the reporting committee where the statute uses the term “as reported” (in the case of a measure that has been so reported);
(b) the form of the measure made in order as an original bill or joint resolution for the purpose of amendment; or
(c) the form of the measure on which the previous question is ordered directly to passage.
Note: This clause was added in the 110th Congress (sec. 403, H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)).
The Budget Enforcement Act of 1997
This section was added by sec. 10115 the Budget Enforcement Act of 1997. It was added to allow the House Committee on Rules to fix a problem in a bill and remove the point of order. Otherwise, since points of order lie against bills “as reported”, fixing the bill just prior to its consideration would vitiate the point of order.
Explanatory Statement of Managers of the Conference Committee
(H. Conf. Rept. 105-217)
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.
[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.]
Legislative History
Public Laws
Pub. L. 105–33, title X, §10115(a), Aug. 5, 1997, 111 Stat. 690 (Budget Enforcement Act of 1997) added §315 to title III of Pub. L. 93–344 (Congressional Budget Act of 1974).
Pub. L. 113–67, div. A, title I, §122(11), Dec. 26, 2013, 127 Stat. 1176 (Bipartisan Budget Act of 2013) amended section 315 to apply it to section 303 of the Budget Act.
Amendments
2013
Pub. L. 113–67 (BBA 2013) inserted at end:
“In the case of a reported bill or joint resolution considered pursuant to a special order of business, a point of order under section 303 shall be determined on the basis of 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.”
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[BCR § 125]
Budget Counsel 