Sec. 8. Point of order against advance appropriations
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Except as provided in subsection (b), it shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, motion, amendment, or conference report that would provide an advance appropriation. In this section, the term advance appropriation means any new budget authority provided in a bill or joint resolution making appropriations for a fiscal year that first becomes available for any fiscal year after that fiscal year, or any new budget authority provided in a bill or joint resolution making general appropriations or continuing appropriations for any budget year, that first becomes available for any fiscal year after that budget year.
Advance appropriations may be provided as follows: In an aggregate amount not to exceed $28,852,000,000 in new budget authority in each fiscal year for the following programs, projects, activities, or accounts: Employment and Training Administration. Job Corps. Education for the Disadvantaged. School Improvement. Children and Family Services (Head Start). Special Education. 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. For the Corporation for Public Broadcasting. For the Department of Veterans Affairs for the Medical Services, Medical Support and Compliance, and Medical Facilities accounts of the Veterans Health Administration. In the House of Representatives or the Senate, subsection (a)(1) may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn.
In the Senate, 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 subsection (a). A point of order under subsection
(a)may be raised by any Member as provided in section 313(e) of the Congressional Budget Act of 1974. In the House of Representatives, it shall not be in order to consider a rule or order that waives the application of subsection (a)(1). As disposition of a point of order under this subsection, the Chair shall put the question of consideration with respect to the rule or order. The question of consideration shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent, but shall otherwise be decided without intervening motion except one that the House adjourn. When the House of Representatives or 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 Member pursuant to this section, and such point of order being sustained, such material contained in such conference report shall be deemed stricken, and the applicable House shall proceed to consider the question of whether it shall recede from its amendment and concur with a further amendment, or concur in the amendment of the other House with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or amendment, as the case may be, not so stricken. Any such motion in the House of Representatives or Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or House or Senate amendment, as applicable, derived from such conference report by operation of this subsection), no further amendment shall be in order.