BBA 2019 (Contents)
Bipartisan Budget Act of 2019
Section 206
TITLE II—Establishing A Congressional Budget
SEC. 206. Limitation on Advance Appropriations in the Senate.
(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 for a discretionary account.
(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 2020 that first becomes available for any fiscal year after 2020 or any new budget authority provided in a bill or joint resolution making appropriations for fiscal year 2021 that first becomes available for any fiscal year after 2021.
(2) Exceptions.—Advance appropriations may be provided—
(A) for fiscal years 2021 and 2022 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, Veterans Medical Community Care, 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 (2 U.S.C. 644(e)).
(5) Conference reports.—When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, 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.
(b) Sunset.—Subsection (a) shall terminate on the date on which a concurrent resolution on the budget for fiscal year 2021 is agreed to by the Senate and House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632).
Counsel Notes
PRIOR LEgislation
The Budget Control Act of 2011 (112th Congress) set out a convoluted budget process by which discretionary and direct spending were to be controlled for a ten-year period. To see the context in which the BBA 2019 was enacted, see the Budget Control Act and Its Progeny.
Bipartisan Budget Act of 2013
Section 206 (BBA 2019) corresponds to section 112 of the BBA 2013.
Bipartisan Budget Act of 2015
Section 206 (BBA 2019) does not correspond to any section of the BBA 2015. No provision set forth a prohibition against advance appropriations in the Senate was included in the BBA 2015.
Bipartisan Budget Act of 2018
Section 206 (BBA 2019) does not correspond to any section of the BBA 2018. No provision set forth a prohibition against advance appropriations in the Senate was included in the BBA 2018.
Bipartisan Budget Act of 2019, Pub. L. 116-37; 133 Stat. 1049; August 2, 2019; H.R. 3877 (116th Congress)[Page View]
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