Sec. 123. LIMITATION ON ADVANCE APPROPRIATIONS IN THE SENATE
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## SEC. 123 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 2024 that first becomes available for any fiscal year after 2024 or any new budget authority provided in a bill or joint resolution making appropriations for fiscal year 2025 that first becomes available for any fiscal year after 2025. ####
(2)Exceptions Advance appropriations may be provided— #####
(A)for fiscal years 2025 and 2026, 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; #####
(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; and #####
(D)for the Department of Health and Human Services for the Indian Health Services and Indian Health Facilities accounts— ######
(i)for fiscal year 2025, in an amount that is not more than the amount provided for fiscal year 2024 in a bill or joint resolution making appropriations for fiscal year 2023 or 2024 for programs, projects, and activities that are not prohibited from using amounts provided for fiscal year 2024 in a bill or joint resolution making appropriations for fiscal year 2023; and ######
(ii)for fiscal year 2026, in an amount that is not more than the amount provided for fiscal year 2025 in a bill or joint resolution making appropriations for fiscal year 2024 or 2025 for programs, projects, and activities that are not prohibited from using amounts provided for fiscal year 2025 in a bill or joint resolution making appropriations for fiscal year 2024. ####
(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)Expiration Subsection
(a)shall terminate on the date on which a concurrent resolution on the budget for fiscal year 2024 or for fiscal year 2025 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).
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