II 

Calendar No. 176 

111TH CONGRESS 

1ST SESSION S. 1772 

To require that all legislative matters be available and fully scored by CBO 

72 hours before consideration by any subcommittee or committee of 

the Senate or on the floor of the Senate. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 8, 2009 

Mr. BUNNING introduced the following bill; which was read the first time 

OCTOBER 13, 2009 

Read the second time and placed on the calendar 

A BILL 

To require that all legislative matters be available and fully 

scored by CBO 72 hours before consideration by any 

subcommittee or committee of the Senate or on the floor 

of the Senate. 

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


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•S 1772 PCS

1 SECTION 1. PUBLIC AVAILABILITY OF LEGISLATION AND 

2 THE COST OF THAT LEGISLATION. 

3 (a) COMMITTEES.—Rule XXVI of the Standing Rules 

4 of the Senate is amended by inserting at the end thereof 

5 the following: 

6 ‘‘14. (a) It shall not be in order in a subcommittee 

7 or committee to proceed to any legislative matter unless 

8 the legislative matter and a final budget scoring by the 

9 Congressional Budget Office for the legislative matter has 

10 been publically available on the Internet as provided in 

11 subparagraph (b) in searchable form 72 hours (excluding 

12 Saturdays, Sundays and holidays except when the Senate 

13 is in session on such a day) prior to proceeding. 

14 ‘‘(b) With respect to the requirements of subpara15 graph (a)— 

16 ‘‘(1) the legislative matter shall be available on 

17 the official website of the committee; and 

18 ‘‘(2) the final score prepared in accordance with 

19 section 308(a) of the Congressional Budget Act of 

20 1974 shall be available on the official website of the 

21 Congressional Budget Office. 

22 ‘‘(c) This paragraph may be waived or suspended in 

23 the subcommittee or committee only by an affirmative vote 

of 2 24 ⁄3 of the Members of the subcommittee or committee. 

An affirmative vote of 2 25 ⁄3 of the Members of the sub26 committee or committee shall be required to sustain an 


rfrederick on DSKD9S0YB1PROD with BILLS
3 

•S 1772 PCS

1 appeal of the ruling of the Chair on a point of order raised 

2 under this paragraph. 

3 ‘‘(d)(1) It shall not be in order in the Senate to pro4 ceed to a legislative matter if the legislative matter was 

5 proceeded to in a subcommittee or committee in violation 

6 of this paragraph. 

7 ‘‘(2) This subparagraph may be waived or suspended 

in the Senate only by an affirmative vote of 2 8 ⁄3 of the 

9 Members, duly chosen and sworn. An affirmative vote of 

2 10 ⁄3 of the Members of the Senate, duly chosen and sworn, 

11 shall be required in the Senate to sustain an appeal of 

12 the ruling of the Chair on a point of order raised under 

13 this subparagraph. 

14 ‘‘(e) In this paragraph, the term ‘legislative matter’ 

15 means any bill, joint resolution, concurrent resolution, 

16 conference report, or substitute amendment.’’. 

17 (b) SENATE.—Rule XVII of the Standing Rules of 

18 the Senate is amended by inserting at the end thereof the 

19 following: 

20 ‘‘6. (a) It shall not be in order in the Senate to pro21 ceed to any legislative matter unless the legislative matter 

22 and a final budget scoring by the Congressional Budget 

23 Office for the legislative matter has been publically avail24 able on the Internet as provided in subparagraph (b) in 

25 searchable form 72 hours (excluding Saturdays, Sundays 


rfrederick on DSKD9S0YB1PROD with BILLS
4 

•S 1772 PCS

1 and holidays except when the Senate is in session on such 

2 a day) prior to proceeding. 

3 ‘‘(b) With respect to the requirements of subpara4 graph (a)— 

5 ‘‘(1) the legislative matter shall be available on 

6 the official website of the committee with jurisdiction 

7 over the subject matter of the legislative matter; and 

8 ‘‘(2) the final score prepared in accordance with 

9 section 308(a) of the Congressional Budget Act of 

10 1974 shall be available on the official website of the 

11 Congressional Budget Office. 

12 ‘‘(c) This paragraph may be waived or suspended in 

the Senate only by an affirmative vote of 2 13 ⁄3 of the Members, duly chosen and sworn. An affirmative vote of 2 14 ⁄3

15 of the Members of the Senate, duly chosen and sworn, 

16 shall be required in the Senate to sustain an appeal of 

17 the ruling of the Chair on a point of order raised under 

18 this paragraph. 

19 ‘‘(d) In this paragraph, the term ‘legislative matter’ 

20 means any bill, joint resolution, concurrent resolution, 

21 conference report, or substitute amendment.’’. 

22 SEC. 2. PROTECTION OF CLASSIFIED INFORMATION. 

23 Nothing in this resolution or any amendment made 

24 by it shall be interpreted to require or permit the declas25 sification or posting on the Internet of classified informaVerDate Nov 24 2008 00:31 Oct 14, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1772.PCS S1772

rfrederick on DSKD9S0YB1PROD with BILLS
5 

•S 1772 PCS

1 tion in the custody of the Senate. Such classified informa2 tion shall be made available to Members in a timely man3 ner as appropriate under existing laws and rules. 


rfrederick on DSKD9S0YB1PROD with BILLS
Calendar No. 176 

111TH CONGRESS 

1ST SESSION S. 1772 

A BILL 

To require that all legislative matters be available 

Senate or on the floor of the Senate. eration by any subcommittee or committee of the and fully scored by CBO 72 hours before considOCTOBER 13, 2009 

Read the second time and placed on the calendar 


rfrederick on DSKD9S0YB1PROD with BILLS