Bipartisan Budget Act of 2013
TITLE I—BUDGET ENFORCEMENT
Subtitle B—Establishing a Congressional Budget
Sec. 112. Limitation on advance appropriations in the Senate.Sec. 113. Rule of construction in the House of Representatives.
(a) Point of Order Against Advance Appropriations in the Senate—
(1) In general.—
(A) Point of order.—Except as provided in paragraph (2), it shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that would provide an advance appropriation.
(B) Definition.—In this subsection, the term “advance appropriation” means any new budget authority provided in a bill or joint resolution making appropriations for fiscal year 2014 that first becomes available for any fiscal year after 2014 or any new budget authority provided in a bill or joint resolution making appropriations for fiscal year 2015 that first becomes available for any fiscal year after 2015.
(2) Exceptions.—Advance appropriations may be provided—
(A) for fiscal years 2015 and 2016 for programs, projects, activities, or accounts identified in a statement submitted to the Congressional Record by the Chairman of the Committee on the Budget of the Senate under the heading “Accounts Identified for Advance Appropriations” in an aggregate amount not to exceed $28,852,000,000 in new budget authority in each fiscal year;
(B) for the Corporation for Public Broadcasting; and
(C) for the Department of Veterans Affairs for the Medical Services, Medical Support and Compliance, and Medical Facilities accounts of the Veterans Health Administration.
(3) Supermajority Waiver and Appeal.—
(A) Waiver.—In the Senate, paragraph (1) may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn.
(B) Appeal.—An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under paragraph (1).
(4) Form of Point of Order.—A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974.
(5) Conference Reports.—When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill, upon a point of order being made by any Senator pursuant to this subsection, and such point of order being sustained, such material contained in such conference report or amendment between the Houses shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this paragraph), no further amendment shall be in order.
(6) Inapplicability.—In the Senate, section 402 of S. Con. Res. 13 (111th Congress) shall no longer apply.
(b) Expiration.—Subsection (a) shall expire if a concurrent resolution on the budget for fiscal year 2015 is agreed to by the Senate and House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974.
Committee Print STATEMENT (BBA 2013)
The House Committee on the Budget issued a Committee Print for the Bipartisan Budget Act of 2013 (113th Congress). It included this description:
Sec. 112. Limitation on advance appropriations in the Senate.
Section 112 provides that a vote of sixty votes would be required to waive a point of order in the Senate against appropriations in 2014 bills that would first become effective in any year after 2014, and against appropriations in 2015 bills that would first become effective in any year after 2015. It does not apply against appropriations for veterans’ medical services, medical support and compliance, or medical facilities, or the Corporation for Public Broadcasting. Additionally, there is an exemption for each of 2015 and 2016 of up to $28.852 billion for programs identified in the Congressional Record. Those programs are:
LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION APPROPRIATIONS ACT
Employment and Training Administration
Education for the Disadvantaged
Career, Technical, and Adult Education
FINANCIAL SERVICES AND GENERAL GOVERNMENT
Payment to Postal Service
TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT
Tenant-based Rental Assistance
Project-based Rental Assistance
Subsection 112(b) provides that the provisions of subsection (a) expire if a concurrent resolution on the budget for fiscal year 2015 is agreed to by the Senate and the House.
Bipartisan Budget Act of 2013: Committee Print to Accompany H.J. Res. 59, House Committee on the Budget (113th Congress, 2d Session) February 2014.