BBA 2019 (Contents)

Bipartisan Budget Act of 2019

Section 208

TITLE II—Establishing A Congressional Budget
SEC. 208. Point of Order Against Designation of Funds for Overseas Contingency Operations in the Senate.

(a) Point of Order.—When the Senate is considering a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report, if a point of order is made by a Senator against a provision that designates funds for fiscal years 2020 or 2021 for overseas contingency operations, in accordance with section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor.

(b) Form of the point of order.—A point of order under subsection (a) 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)).

(c) 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 subsection (a), and such point of order being sustained, such material contained in such conference report or House amendment 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 subsection), no further amendment shall be in order.

(d) Supermajority Waiver and Appeal.—In the Senate, this section may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of 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 this section.

(e) Suspension of point of order.—This section shall not apply if a declaration of war by Congress is in effect.

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 208 (BBA 2019) corresponds to section 101(c) of the BBA 2013.

Bipartisan Budget Act of 2015

Section 208 (BBA 2019) corresponds to section 101(c) of the BBA 2015.

Bipartisan Budget Act of 2018

Section 208 (BBA 2019) corresponds to section 101(c) of 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


Section 207
Bipartisan Budget Act 2019


Section 209
Bipartisan Budget Act 2019



 [BCR § 296D]