I 

111TH CONGRESS 

1ST SESSION H. R. 2116 

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 

and the Congressional Budget Act of 1974 to extend the discretionary 

spending caps and the pay-as-you-go requirement, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2009 

Mr. HILL (for himself, Mr. GRIFFITH, Mr. ALTMIRE, Mr. ELLSWORTH, Mr. 

BISHOP of Georgia, Mr. ARCURI, Mr. MCINTYRE, Mr. DAVIS of Tennessee, Mr. TANNER, Mr. MELANCON, Mr. BOYD, Ms. HERSETH

SANDLIN, Mr. COOPER, Mr. SHULER, Mr. CARDOZA, Ms. GIFFORDS, Mr. 

MINNICK, Mr. MOORE of Kansas, Mr. CHILDERS, Mr. SCOTT of Georgia, 

Ms. LORETTA SANCHEZ of California, Mr. SALAZAR, Mr. TAYLOR, Mr. 

BERRY, Mr. ROSS, Mr. KRATOVIL, Mr. MATHESON, Mr. BRIGHT, Mr. 

BARROW, Mr. THOMPSON of California, Mr. DONNELLY of Indiana, Mr. 

WILSON of Ohio, Mr. SPACE, Mr. NYE, Mr. GORDON of Tennessee, Mr. 

CUELLAR, Mr. BOSWELL, Mr. MARSHALL, Mr. COSTA, Mr. MICHAUD, 

Mr. POMEROY, Mr. CHANDLER, Mr. PATRICK J. MURPHY of Pennsylvania, Mr. HOLDEN, Mr. BACA, Ms. HARMAN, and Mr. PETERSON) introduced the following bill; which was referred to the Committee on the 

Budget, and in addition to the Committee on Rules, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget Act of 

1974 to extend the discretionary spending caps and the 

pay-as-you-go requirement, and for other purposes. 

WWOODS2 on PRODPC68 with BILLS

2 

•HR 2116 IH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fiscal Honesty and 

5 Accountability Act of 2009’’. 

6 SEC. 2. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT. 

7 (a) PURPOSE.—Section 252(a) of the Balanced 

8 Budget and Emergency Deficit Control Act of 1985 is 

9 amended by striking ‘‘2002’’ and inserting ‘‘2014’’. 

10 (b) SEQUESTRATION.—Section 252(b)(1) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985 

12 is amended by striking ‘‘2002’’ and inserting ‘‘2014’’. 

13 (c) EXPIRATION.—Section 275(b) of the Balanced 

14 Budget and Emergency Deficit Control Act of 1985 is 

15 amended by striking ‘‘2006’’ and inserting ‘‘2018’’. 

16 (d) BROADENING OF SEQUESTRATION BASE.—The 

17 Directors of the Congressional Budget Office and of the 

18 Office of Management and Budget shall each submit, not 

19 later than six months following the enactment of this Act, 

20 a report to the Committee on the Budget of the House 

21 of Representatives that addresses the issue of how to 

22 broaden the pay-as-you-go sequestration base and make 

23 it more fair and equitable. 

WWOODS2 on PRODPC68 with BILLS

3 

•HR 2116 IH

1 SEC. 3. EXTENSION OF THE DISCRETIONARY SPENDING 

2 CAPS. 

3 (a) IN GENERAL.—Paragraphs (1) through (13) of 

4 section 251(c) of the Balanced Budget and Emergency 

5 Deficit Control Act of 1985 are amended to read as fol6 lows: 

7 ‘‘(1) with respect to fiscal year 2011 for the 

8 discretionary category: $1,126,000,000,000 in new 

9 budget authority and $1,189,000,000,000 in outlays; 

10 ‘‘(2) with respect to fiscal year 2012 for the 

11 discretionary category: $1,150,000,000,000 in new 

12 budget authority and $1,193,000,000,000 in outlays; 

13 ‘‘(3) with respect to fiscal year 2013 for the 

14 discretionary category: $1,177,000,000,000 in new 

15 budget authority and $1,220,000,000,000 in out16 lays;’’. 

17 (b) EXPIRATION.—Section 275 of the Balanced 

18 Budget and Emergency Deficit Control Act of 1985 (2 

19 U.S.C. 900 note) is amended by striking subsection (b). 

20 SEC. 4. ACCOUNTABILITY IN EMERGENCY SPENDING. 

21 (a) OMB EMERGENCY CRITERIA.—Section 3 of the 

22 Congressional Budget and Impoundment Control Act of 

23 1974 is amended by adding at the end the following new 

24 paragraph: 

25 ‘‘(11)(A) The term ‘emergency’ means a situa26 tion that— 

WWOODS2 on PRODPC68 with BILLS

4 

•HR 2116 IH

1 ‘‘(i) requires new budget authority and 

2 outlays (or new budget authority and the out3 lays flowing therefrom) for the prevention or 

4 mitigation of, or response to, loss of life or 

5 property, or a threat to national security; and 

6 ‘‘(ii) is unanticipated. 

7 ‘‘(B) As used in subparagraph (A), the term 

8 ‘unanticipated’ means that the situation is— 

9 ‘‘(i) sudden, which means quickly coming 

10 into being or not building up over time; 

11 ‘‘(ii) urgent, which means a pressing and 

12 compelling need requiring immediate action; 

13 ‘‘(iii) unforeseen, which means not pre14 dicted or anticipated as an emerging need; and 

15 ‘‘(iv) temporary, which means not of a per16 manent duration.’’. 

17 (b) DEVELOPMENT OF GUIDELINES FOR APPLICA18 TION OF EMERGENCY DEFINITION.—Not later than five 

19 months after the date of enactment of this Act, the chair20 men of the Committees on the Budget (in consultation 

21 with the President) shall, after consulting with the chair22 men of the Committees on Appropriations and applicable 

23 authorizing committees of their respective Houses and the 

24 Directors of the Congressional Budget Office and the Of25 fice of Management and Budget, jointly publish in the 

WWOODS2 on PRODPC68 with BILLS

5 

•HR 2116 IH

1 Congressional Record guidelines for application of the def2 inition of emergency set forth in section 3(11) of the Con3 gressional Budget and Impoundment Control Act of 1974. 

4 (c) SEPARATE HOUSE VOTE ON EMERGENCY DES5 IGNATION.—(1) Rule XXII of the Rules of the House of 

6 Representatives is amended by adding at the end the fol7 lowing new clause: 

8 ‘‘13. In the consideration of any measure for amend9 ment in the Committee of the Whole containing any emer10 gency spending designation, it shall always be in order un11 less specifically waived by terms of a rule governing con12 sideration of that measure, to move to strike such emer13 gency spending designation from the portion of the bill 

14 then open to amendment.’’. 

15 (2) The Committee on Rules shall include in the re16 port required by clause 1(d) of rule XI (relating to its 

17 activities during the Congress) of the Rules of the House 

18 of Representatives a separate item identifying all waivers 

19 of points of order relating to emergency spending designa20 tions, listed by bill or joint resolution number and the sub21 ject matter of that measure. 

22 (d) COMMITTEE NOTIFICATION OF EMERGENCY

23 LEGISLATION.—Whenever the Committee on Appropria24 tions or any other committee of either House (including 

25 a committee of conference) reports any bill or joint resoluWWOODS2 on PRODPC68 with BILLS

6 

•HR 2116 IH

1 tion that provides budget authority for any emergency, the 

2 report accompanying that bill or joint resolution (or the 

3 joint explanatory statement of managers in the case of a 

4 conference report on any such bill or joint resolution) shall 

5 identify all provisions that provide budget authority and 

6 the outlays flowing therefrom for such emergency and in7 clude a statement of the reasons why such budget author8 ity meets the definition of an emergency pursuant to the 

9 guidelines described in subsection (b). 

10 (e) RESERVE FUND FOR EMERGENCIES IN PRESI11 DENT’S BUDGET.—Section 1105(f) of title 31, United 

12 States Code is amended by adding at the end the following 

13 new sentences: ‘‘Such budget submission shall also comply 

14 with the requirements of section 316(b) of the Congres15 sional Budget Act of 1974 and, in the case of any budget 

16 authority requested for an emergency, such submission 

17 shall include a detailed justification of why such emer18 gency is an emergency within the meaning of section 3(11) 

19 of the Congressional Budget Act of 1974.’’. 

20 (f) ADJUSTMENTS AND RESERVE FUND FOR EMER21 GENCIES IN JOINT BUDGET RESOLUTIONS.—Title III of 

22 the Congressional Budget Act of 1974 is amended by add23 ing at the end the following new section: 

24 ‘‘EMERGENCIES

25 ‘‘SEC. 316. (a) ADJUSTMENTS.— 

WWOODS2 on PRODPC68 with BILLS

7 

•HR 2116 IH

1 ‘‘(1) IN GENERAL.—After the reporting of a bill 

2 or joint resolution or the submission of a conference 

3 report thereon that provides budget authority for 

4 any emergency as identified pursuant to subsection 

5 (d) that is not covered by subsection (c)— 

6 ‘‘(A) the chairman of the Committee on 

7 the Budget of the House of Representatives or 

8 the Senate shall determine and certify, pursu9 ant to the guidelines referred to in subsection 

10 (b), the portion (if any) of the amount so speci11 fied that is for an emergency within the mean12 ing of section 3(11); and 

13 ‘‘(B) such chairman shall make the adjust14 ment set forth in paragraph (2) for the amount 

15 of new budget authority (or outlays) in that 

16 measure and the outlays flowing from that 

17 budget authority. 

18 ‘‘(2) MATTERS TO BE ADJUSTED.—The adjust19 ments referred to in paragraph (1) are to be made 

20 to the allocations made pursuant to the appropriate 

21 joint resolution on the budget pursuant to section 

22 302(a) and shall be in an amount not to exceed the 

23 amount reserved for emergencies pursuant to the re24 quirements of subsection (b). 

25 ‘‘(b) RESERVE FUND FOR EMERGENCIES.— 

WWOODS2 on PRODPC68 with BILLS

8 

•HR 2116 IH

1 ‘‘(1) AMOUNTS.—The amount set forth in the 

2 reserve fund for emergencies (other than those cov3 ered by subsection (c)) for budget authority and out4 lays for a fiscal year pursuant to section 301(a)(6) 

5 shall equal— 

6 ‘‘(A) the average of the enacted levels of 

7 budget authority for emergencies (other than 

8 those covered by subsection (c)) in the 5 fiscal 

9 years preceding the current year; and 

10 ‘‘(B) the average of the levels of outlays 

11 for emergencies in the 5 fiscal years preceding 

12 the current year flowing from the budget au13 thority referred to in subparagraph (A), but 

14 only in the fiscal year for which such budget 

15 authority first becomes available for obligation. 

16 ‘‘(2) AVERAGE LEVELS.—For purposes of para17 graph (1), the amount used for a fiscal year to cal18 culate the average of the enacted levels when one or 

19 more of such 5 preceding fiscal years is any of fiscal 

20 years 2003 through 2007 is as follows: the amount 

21 of enacted levels of budget authority and the amount 

22 of new outlays flowing therefrom for emergencies, 

23 but only in the fiscal year for which such budget au24 thority first becomes available for obligation for each 

25 of such 5 fiscal years, which shall be determined by 

WWOODS2 on PRODPC68 with BILLS

9 

•HR 2116 IH

1 the Committees on the Budget of the House of Rep2 resentatives and the Senate after receipt of a report 

3 on such matter transmitted to such committees by 

4 the Director of the Congressional Budget Office 6 

5 months after the date of enactment of this section 

6 and thereafter in February of each calendar year. 

7 ‘‘(c) TREATMENT OF EMERGENCIES TO FUND CER8 TAIN MILITARY OPERATIONS.—Whenever the Committee 

9 on Appropriations reports any bill or joint resolution that 

10 provides budget authority for any emergency that is a 

11 threat to national security and the funding of which car12 ries out a military operation authorized by a declaration 

13 of war or a joint resolution authorizing the use of military 

14 force and the report accompanying that bill or joint resolu15 tion, pursuant to subsection (d), identifies any provision 

16 that increases outlays or provides budget authority (and 

17 the outlays flowing therefrom) for such emergency, the en18 actment of which would cause the total amount of budget 

19 authority or outlays provided for emergencies for the 

20 budget year in the joint resolution on the budget (pursu21 ant to section 301(a)(6)) to be exceeded: 

22 ‘‘(1) Such bill or joint resolution shall be re23 ferred to the Committee on the Budget of the House 

24 or the Senate, as the case may be, with instructions 

25 to report it without amendment, other than that 

WWOODS2 on PRODPC68 with BILLS

10 

•HR 2116 IH

1 specified in subparagraph (B), within 5 legislative 

2 days of the day in which it is reported from the orig3 inating committee. If the Committee on the Budget 

4 of either House fails to report a bill or joint resolu5 tion referred to it under this subparagraph within 

6 such 5-day period, the committee shall be automati7 cally discharged from further consideration of such 

8 bill or joint resolution and such bill or joint resolu9 tion shall be placed on the appropriate calendar. 

10 ‘‘(2) An amendment to such a bill or joint reso11 lution referred to in this subsection shall only consist 

12 of an exemption from section 251 of the Balanced 

13 Budget and Emergency Deficit Control Act of 1985 

14 of all or any part of the provisions that provide 

15 budget authority (and the outlays flowing therefrom) 

16 for such emergency if the committee determines, 

17 pursuant to the guidelines referred to in subsection 

18 (b), that such budget authority is for an emergency 

19 within the meaning of section 3(11). 

20 ‘‘(3) If such a bill or joint resolution is reported 

21 with an amendment specified in subparagraph (B) 

22 by the Committee on the Budget of the House of 

23 Representatives or the Senate, then the budget au24 thority and resulting outlays that are the subject of 

25 such amendment shall not be included in any deterWWOODS2 on PRODPC68 with BILLS

11 

•HR 2116 IH

1 minations under section 302(f) or 311(a) for any 

2 bill, joint resolution, amendment, motion, or con3 ference report.’’. 

4 (g) CONTENT OF BUDGET RESOLUTIONS.—Section 

5 301(a) of the Congressional Budget Act of 1974 is amend6 ed by redesignating paragraphs (6) and (7) as paragraphs 

7 (7) and (8), respectively, and by inserting after paragraph 

8 (5) the following new paragraph: 

9 ‘‘(6) totals of new budget authority and outlays 

10 for emergencies;’’. 

11 (h) WAIVER AND APPEAL IN THE SENATE.—Section 

12 904 of the Congressional Budget Act of 1974 is amend13 ed— 

14 (1) in subsection (c)(1), by inserting ‘‘316,’’ 

15 after ‘‘313,’’; and 

16 (2) in subsection (d)(2), by inserting ‘‘316,’’ 

17 after ‘‘313,’’. 

18 (i) CONFORMING AMENDMENT.—The table of con19 tents set forth in section 1(b) of the Congressional Budget 

20 and Impoundment Control Act of 1974 is amended by in21 serting after the item relating to section 315 the following 

22 new item: 

‘‘Sec. 316. Emergencies.’’. 

23 (j) APPLICATION OF SECTION 306 TO EMERGENCIES

24 IN EXCESS OF AMOUNTS IN RESERVE FUND.—Section 

25 306 of the Congressional Budget Act of 1974 is amended 

WWOODS2 on PRODPC68 with BILLS

12 

•HR 2116 IH

1 by inserting at the end the following new sentence: ‘‘No 

2 amendment reported by the Committee on the Budget (or 

3 from the consideration of which such committee has been 

4 discharged) pursuant to section 316(c) may be amended.’’. 

5 (k) UP-TO-DATE TABULATIONS.—Section 308(b)(2) 

6 of the Congressional Budget Act of 1974 is amended by 

7 striking ‘‘and’’ at the end of subparagraph (B), by striking 

8 the period at the end of subparagraph (C) and inserting 

9 ‘‘; and’’, and by adding at the end the following new sub10 paragraph: 

11 ‘‘(D) shall include an up-to-date tabulation 

12 of amounts remaining in the reserve fund for 

13 emergencies.’’. 

14 (l) POINT OF ORDER.—Section 305 of the Congres15 sional Budget Act of 1974 is amended by adding at the 

16 end the following new subsection: 

17 ‘‘(e) POINT OF ORDER REGARDING EMERGENCY RE18 SERVE FUND.—It shall not be in order in the House of 

19 Representatives or in the Senate to consider an amend20 ment to a joint resolution on the budget which changes 

21 the amount of budget authority and outlays set forth in 

22 section 301(a)(4) for emergency reserve fund.’’. 

23 (m) TECHNICAL AMENDMENT.—(1) Section 

24 904(c)(1) of the Congressional Budget Act of 1974 is 

25 amended by inserting ‘‘305(e),’’ after ‘‘305(c)(4),’’. 

WWOODS2 on PRODPC68 with BILLS

13 

•HR 2116 IH

1 (2) Section 904(d)(2) of the Congressional Budget 

2 Act of 1974 is amended by inserting ‘‘305(e),’’ after 

3 ‘‘305(c)(4),’’. 

4 SEC. 5. DISCLOSURE OF INTEREST COSTS. 

5 Section 308(a)(1) of the Congressional Budget Act 

6 of 1974 (2 U.S.C. 639(a)(1)) is amended— 

7 (1) in subparagraph (B), by striking ‘‘and’’ 

8 after the semicolon; 

9 (2) in subparagraph (C), by striking the period 

10 and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new sub12 paragraph: 

13 ‘‘(D) containing a projection by the Con14 gressional Budget Office of the cost of the debt 

15 servicing that would be caused by such measure 

16 for such fiscal year (or fiscal years) and each 

17 of the four ensuing fiscal years.’’. 

18 SEC. 6. CBO SCORING OF CONFERENCE REPORTS. 

19 (a) The first sentence of section 402 of the Congres20 sional Budget Act of 1974 is amended as follows: 

21 (1) Insert ‘‘or conference report thereon,’’ be22 fore ‘‘and submit’’. 

23 (2) In paragraph (1), strike ‘‘bill or resolution’’ 

24 and insert ‘‘bill, joint resolution, or conference re25 port’’. 

WWOODS2 on PRODPC68 with BILLS

14 

•HR 2116 IH

1 (3) At the end of paragraph (2) strike ‘‘and’’, 

2 at the end of paragraph (3) strike the period and in3 sert ‘‘; and’’, and after such paragraph (3) add the 

4 following new paragraph: 

5 ‘‘(4) A determination of whether such bill, joint 

6 resolution, or conference report provides direct 

7 spending.’’. 

8 (4) At the end, add the following new sentence: 

9 ‘‘The Director shall also prepare such estimates for 

10 any bill or resolution of a public character that has 

11 not been reported by a committee before it may be 

12 considered in the House or Representatives or Sen13 ate.’’ 

14 (b) The second sentence of section 402 of the Con15 gressional Budget Act of 1974 is amended by inserting 

16 before the period the following: ‘‘, or in the case of a con17 ference report, shall be included in the joint explanatory 

18 statement of managers accompanying such conference re19 port if timely submitted before such report is filed’’. 

20 SEC. 7. BUDGET COMPLIANCE STATEMENTS. 

21 Clause 3(d) of rule XIII of the Rules of the House 

22 of Representatives is amended by adding at the end the 

23 following new subparagraph: 

24 ‘‘(4) A budget compliance statement prepared 

25 by the chairman of the Committee on the Budget, 

WWOODS2 on PRODPC68 with BILLS

15 

•HR 2116 IH

1 if timely submitted prior to the filing of the report, 

2 which shall include assessment by such chairman as 

3 to whether the bill or joint resolution complies with 

4 the requirements of sections 302, 303, 306, 311, 

5 and 401 of the Congressional Budget Act of 1974 

6 or any other requirements set forth in a concurrent 

7 resolution on the budget and may include the budg8 etary implications of that bill or joint resolution 

9 under section 251 or 252 of the Balanced Budget 

10 and Emergency Deficit Control Act of 1985, as ap11 plicable.’’. 

12 SEC. 8. AUTOMATIC BUDGET ENFORCEMENT FOR MEAS13 URES CONSIDERED ON THE FLOOR. 

14 (a) IN GENERAL.—Title III of the Congressional 

15 Budget Act of 1974 (as amended by section 5(f)) is fur16 ther amended by adding at the end the following new sec17 tion: 

18 ‘‘BUDGET EVASION POINTS OF ORDER

19 ‘‘SEC. 317. (a) DISCRETIONARY SPENDING CAPS.— 

20 It shall not be in order in the House of Representatives 

21 or the Senate to consider any bill or resolution (or amend22 ment, motion, or conference report on that bill or resolu23 tion) that waives or suspends the enforcement of section 

24 251 of the Balanced Budget and Emergency Deficit Con25 trol Act of 1985 or otherwise would alter the spending 

26 limits set forth in that section. 

WWOODS2 on PRODPC68 with BILLS

16 

•HR 2116 IH

1 ‘‘(b) PAY-AS-YOU-GO.—It shall not be in order in the 

2 House of Representatives or the Senate to consider any 

3 bill or resolution (or amendment, motion, or conference 

4 report on that bill or resolution) that waives or suspends 

5 the enforcement of section 252 of the Balanced Budget 

6 and Emergency Deficit Control Act of 1985 or otherwise 

7 would alter the balances of the pay-as-you-go scorecard 

8 pursuant to that section. 

9 ‘‘(c) DIRECTED SCORING.—It shall not be in order 

10 in the House of Representatives or the Senate to consider 

11 any bill or resolution (or amendment, motion, or con12 ference report on that bill or resolution) that directs the 

13 scorekeeping of any bill or resolution. 

14 ‘‘(d) FAR-OUTYEARS.—It shall not be in order in the 

15 House of Representatives or the Senate to consider any 

16 bill or resolution (or amendment, motion, or conference 

17 report on that bill or resolution) that contains a provision 

18 providing new budget authority or which reduces revenues 

19 which first takes effect after the first five fiscal years cov20 ered in the most recently adopted concurrent resolution 

21 on the budget and would have the effect of reducing the 

22 surplus or increasing the deficit in any fiscal year. 

23 ‘‘(e) ENFORCEMENT IN THE HOUSE OF REPRESENT24 ATIVES.—(1) It shall not be in order in the House of RepWWOODS2 on PRODPC68 with BILLS

17 

•HR 2116 IH

1 resentatives to consider a rule or order that waives the 

2 application of this section. 

3 ‘‘(2)(A) This subsection shall apply only to the House 

4 of Representatives. 

5 ‘‘(B) In order to be cognizable by the Chair, a point 

6 of order under this section must specify the precise lan7 guage on which it is premised. 

8 ‘‘(C) As disposition of points of order under this sec9 tion, the Chair shall put the question of consideration with 

10 respect to the proposition that is the subject of the points 

11 of order. 

12 ‘‘(D) A question of consideration under this section 

13 shall be debatable for 10 minutes by each Member initi14 ating a point of order and for 10 minutes by an opponent 

15 on each point of order, but shall otherwise be decided with16 out intervening motion except one that the House adjourn 

17 or that the Committee of the Whole rise, as the case may 

18 be. 

19 ‘‘(E) The disposition of the question of consideration 

20 under this subsection with respect to a bill or joint resolu21 tion shall be considered also to determine the question of 

22 consideration under this subsection with respect to an 

23 amendment made in order as original text.’’. 

WWOODS2 on PRODPC68 with BILLS

18 

•HR 2116 IH

1 (b) WAIVER AND APPEAL IN THE SENATE.—Section 

2 904 of the Congressional Budget Act of 1974 is amend3 ed— 

4 (1) in subsection (c)(1), by inserting ‘‘317,’’ 

5 after ‘‘316,’’; and 

6 (2) in subsection (d)(2), by inserting ‘‘317,’’ 

7 after ‘‘316,’’. 

8 (c) TABLE OF CONTENTS.—The table of contents for 

9 the Congressional Budget Act of 1974 is amended by in10 serting after the item for section 316 the following: 

‘‘Sec. 317. Budget evasion points of order.’’. 

11 SEC. 9. APPLICATION OF BUDGET ACT POINTS OF ORDER 

12 TO UNREPORTED LEGISLATION. 

13 (a) Section 315 of the Congressional Budget Act of 

14 1974 is amended by striking ‘‘reported’’ the first place it 

15 appears. 

16 (b) Section 303(b) of the Congressional Budget Act 

17 of 1974 is amended— 

18 (1) in paragraph (1), by striking ‘‘(A)’’ and by 

19 redesignating subparagraph (B) as paragraph (2) 

20 and by striking the semicolon at the end of such new 

21 paragraph (2) and inserting a period; and 

22 (2) by striking paragraph (3). 

WWOODS2 on PRODPC68 with BILLS

19 

•HR 2116 IH

1 SEC. 10. REQUIREMENTS FOR BUDGET ACT WAIVERS IN 

2 THE HOUSE OF REPRESENTATIVES. 

3 (a) JUSTIFICATION FOR BUDGET ACT WAIVERS.— 

4 Clause 6 of rule XIII of the Rules of the House of Rep5 resentatives is amended by adding at the end the following 

6 new paragraph: 

7 ‘‘(h) It shall not be in order to consider any resolution 

8 from the Committee on Rules for the consideration of any 

9 reported bill or joint resolution which waives section 302, 

10 303, 311, or 401 of the Congressional Budget Act of 

11 1974, unless the report accompanying such resolution in12 cludes a description of the provision proposed to be 

13 waived, an identification of the section being waived, the 

14 reasons why such waiver should be granted, and an esti15 mated cost of the provisions to which the waiver applies.’’. 

16 (b) SEPARATE VOTE TO WAIVE MAJOR BUDGET ACT

17 POINT OF ORDER.—Section 312 of the Congressional 

18 Budget Act of 1974 is amended by adding at the end the 

19 following new subsection: 

20 ‘‘(g)(1) It shall not be in order in the House of Rep21 resentatives to consider a rule or order that waives the 

22 application of a major budget act point of order as defined 

23 in paragraph (2). 

24 ‘‘(2) For the purposes of this subsection, the term 

25 ‘major budget point of order’ means any point of order 

26 arising under any section listed in section 904. 

WWOODS2 on PRODPC68 with BILLS

20 

•HR 2116 IH

1 ‘‘(3)(A) In order to be cognizable by the Chair, a 

2 point of order under the sections referenced in paragraph 

3 (2) must specify the precise language on which it is pre4 mised. 

5 ‘‘(B) As disposition of points of order under the sec6 tions referenced in paragraph (2), the Chair shall put the 

7 question of consideration with respect to the proposition 

8 that is the subject of the points of order. 

9 ‘‘(C) A question of consideration under the sections 

10 referenced in paragraph (2) shall be debatable for 10 min11 utes by each Member initiating a point of order and for 

12 10 minutes by an opponent on each point of order, but 

13 shall otherwise be decided without intervening motion ex14 cept one that the House adjourn or that the Committee 

15 of the Whole rise, as the case may be. 

16 ‘‘(D) The disposition of the question of consideration 

17 under this subsection with respect to a bill or joint resolu18 tion shall be considered also to determine the question of 

19 consideration under this subsection with respect to an 

20 amendment made in order as original text.’’. 

Æ 

WWOODS2 on PRODPC68 with BILLS