this section that were not reflected in the final 
OMB sequestration report for the current year. 
‘‘(D) for fiscal year 2008, before making 
the calculations required in subparagraphs (A) 
through (C), OMB shall assume an automatic 
deficit increase of $33,485,000,000. 
‘‘(c) ELIMINATING A DEFICIT INCREASE.—(1) The 
amount required to be sequestered in a fiscal year under 
subsection (b) shall be obtained from non-exempt direct 
spending accounts from actions taken in the following 
order: 
‘‘(A) FIRST.—All reductions in automatic 
spending increases specified in section 256(a) shall 
be made. 
‘‘(B) SECOND.—If additional reductions in di-
rect spending accounts are required to be made, the 
maximum reductions permissible under sections 
256(b) (guaranteed and direct student loans) and 
256(c) (foster care and adoption assistance) shall be 
made. 
‘‘(C) THIRD.—(i) If additional reductions in di-
rect spending accounts are required to be made, 
each remaining non-exempt direct spending account 
shall be reduced by the uniform percentage nec-
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essary to make the reductions in direct spending re-
quired by paragraph (1). 
‘‘(ii) For purposes of determining reductions 
under clause (i), outlay reductions (as a result of se-
questration of Commodity Credit Corporation com-
modity price support contracts in the fiscal year of 
a sequestration) that would occur in the following 
fiscal year shall be credited as outlay reductions in 
the fiscal year of the sequestration. 
‘‘(2) For purposes of this subsection, accounts shall 
be assumed to be at the level in the baseline for fiscal 
year 2009 and for fiscal years 2010 through 2013 at the 
baseline after adjusting for any sequester in fiscal year 
2008. 
‘‘(d) ESTIMATES.— 
‘‘(1) CBO ESTIMATES.—As soon as practicable 
after Congress completes action on any direct spend-
ing, CBO shall provide an estimate to OMB of that 
legislation. 
‘‘(2) OMB ESTIMATES.—Not later than 7 cal-
endar days (excluding Saturdays, Sundays, and legal 
holidays) after the date of enactment of any direct 
spending, OMB shall transmit a report to the House 
of Representatives and to the Senate containing— 
‘‘(A) the CBO estimate of that legislation; 
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‘‘(B) an OMB estimate of that legislation 
using current economic and technical assump-
tions; and 
‘‘(C) an explanation of any difference be-
tween the 2 estimates. 
‘‘(3) SIGNIFICANT
DIFFERENCES.—If during 
the preparation of the report under paragraph (2) 
OMB determines that there is a significant dif-
ference between the OMB and CBO estimates, OMB 
shall consult with the Committees on the Budget of 
the House of Representatives and the Senate regard-
ing that difference and that consultation, to the ex-
tent practicable, shall include written communication 
to such committees that affords such committees the 
opportunity to comment before the issuance of that 
report. 
‘‘(4) SCOPE
OF
ESTIMATES.—The estimates 
under this section shall include the amount of 
change in outlays for the current year (if applica-
ble), the budget year, and each outyear excluding 
any amounts resulting from— 
‘‘(A) full funding of, and continuation of, 
the deposit insurance guarantee commitment in 
effect under current estimates; and 
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‘‘(B) emergency provisions as designated 
under subsection (e). 
‘‘(5) SCOREKEEPING GUIDELINES.—OMB and 
CBO, after consultation with each other and the 
Committees on the Budget of the House of Rep-
resentatives and the Senate, shall— 
‘‘(A) 
determine 
common 
scorekeeping 
guidelines; and 
‘‘(B) in conformance with such guidelines, 
prepare estimates under this section. 
‘‘(e) EMERGENCY LEGISLATION.—If a provision of 
direct spending legislation is enacted that the President 
designates as an emergency requirement and that the Con-
gress so designates in statute, the amounts of new budget 
authority, outlays, and receipts in all fiscal years resulting 
from that provision shall be designated as an emergency 
requirement in the reports required under subsection (d) 
of this section.’’. 
SEC. 4. CONFORMING AMENDMENTS. 
(a) EXPIRATION.—(1) Section 254(c)(2) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985 
is amended by striking ‘‘2002’’ and inserting ‘‘2013’’. 
(2) Section 254(f)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended by 
striking ‘‘2002’’ and inserting ‘‘2013’’. 
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(b) EXPIRATION.—Section 275(b) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 is 
amended by striking ‘‘2002’’ and inserting ‘‘2013’’. 
SEC. 5. EMERGENCY SPENDING LEGISLATION AND THE 
BASELINE. 
(a) IN GENERAL.—Section 257(a) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 is 
amended by inserting ‘‘, except for emergency appropria-
tions covered by section 251(b)(2)(A) and emergency leg-
islation covered by section 252(e)’’ before the period. 
(b) DIRECT SPENDING
AND RECEIPTS.—Section 
257(b)(2) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 is amended by adding at the end the 
following new subparagraph: 
‘‘(E) Emergency legislation covered by sec-
tion 252(e) shall not be extended in the base-
line.’’. 
(c) 
DISCRETIONARY
APPROPRIATIONS.—Section 
257(c) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 is amended by adding at the end the 
following new paragraph: 
‘‘(7) Emergency appropriations covered by sec-
tion 251(b)(2)(A) shall not be extended in the base-
line.’’. 
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SEC. 6. OMB EMERGENCY CRITERIA. 
(a) DEFINITION OF EMERGENCY.—Section 3 of the 
Congressional Budget and Impoundment Control Act of 
1974 (as amended by section 2(d) is further amended by 
adding at the end the following new paragraph: 
‘‘(12)(A) The term ‘emergency’ means a situa-
tion that— 
‘‘(i) requires new budget authority and 
outlays (or new budget authority and the out-
lays flowing therefrom) for the prevention or 
mitigation of, or response to, loss of life or 
property, or a threat to national security; and 
‘‘(ii) is unanticipated. 
‘‘(B) As used in subparagraph (A), the term 
‘unanticipated’ means that the underlying situation 
is— 
‘‘(i) sudden, which means quickly coming 
into being or not building up over time; 
‘‘(ii) urgent, which means a pressing and 
compelling need requiring immediate action; 
‘‘(iii) unforeseen, which means not pre-
dicted or anticipated as an emerging need; and 
‘‘(iv) temporary, which means not of a per-
manent duration.’’. 
(b) CONFORMING AMENDMENT.—Section 250(c) of 
the Balanced Budget and Emergency Deficit Control Act 
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of 1985 is amended by adding at the end the following 
new paragraph: 
‘‘(20) The term ‘emergency’ has the meaning 
given to such term in section 3 of the Congressional 
Budget and Impoundment Control Act of 1974.’’. 
SEC. 7. RULE RESPECTING DESIGNATION OF LEGISLATIVE 
PROVISION AS AN EMERGENCY. 
(a) IN GENERAL.—Title III of the Congressional 
Budget Act of 1974 is amended by adding at the end the 
following new section: 
‘‘RULE RESPECTING DESIGNATION OF LEGISLATIVE 
PROVISION AS AN EMERGENCY 
‘‘SEC. 316. (a) GUIDANCE.—In making a designation 
of a provision of legislation as an emergency requirement 
under section 251(b)(2)(A) or 252(e) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, the 
committee report and any statement of managers accom-
panying that legislation shall analyze whether a proposed 
emergency requirement meets the definition of an ‘emer-
gency’ set out in section 3 of the Congressional Budget 
and Impoundment Control Act of 1974. 
‘‘(b) IN GENERAL.—It shall not be in order in the 
Senate or the House of Representatives to consider any 
bill, joint resolution, or conference report that contains an 
emergency designation under section 251(b)(2)(A) or 
252(e) of the Balanced Budget and Emergency Deficit 
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Control Act of 1985 unless the proposed emergency re-
quirement meets the definition of an ‘emergency’ set out 
in section 3 of the Congressional Budget and Impound-
ment Control Act of 1974. 
‘‘(c) WAIVER AND APPEAL IN THE SENATE.—This 
section may be waived or suspended in the Senate only 
by an affirmative vote of three-fifths of the Members, duly 
chosen and sworn. An affirmative vote of three-fifths of 
the Members of the Senate, duly chosen and sworn, shall 
be required in the Senate to sustain an appeal of the rul-
ing of the Chair on a point of order raised under this sec-
tion. 
‘‘(d) ENFORCEMENT IN THE HOUSE OF REPRESENT-
ATIVES.—It shall not be in order in the House of Rep-
resentatives to consider a rule or order that waives the 
application of subsection (b). 
‘‘(e) DISPOSITION OF POINTS OF ORDER IN THE 
HOUSE.—As disposition of a point of order under sub-
section (b) or subsection (d), the Chair shall put the ques-
tion of consideration with respect to the proposition that 
is the subject of the point of order. A question of consider-
ation under this section shall be debatable for 10 minutes 
by the Member initiating the point of order and for 10 
minutes by an opponent of the point of order, but shall 
otherwise be decided without intervening motion except 
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one that the House adjourn or that the Committee of the 
Whole rise, as the case may be. 
‘‘(f) EFFECT ON AMENDMENT IN ORDER AS ORIGI-
NAL TEXT IN THE HOUSE.—The disposition of the ques-
tion of consideration under this section with respect to a 
bill or joint resolution shall be considered also to deter-
mine the question of consideration under this subsection 
with respect to an amendment made in order as original 
text.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents set forth in section 1(b) of the Congressional Budget 
and Impoundment Control Act of 1974 is amended by in-
serting after the item relating to section 315 the following 
new item: 
‘‘Sec. 316. Rule respecting designation of legislative provision as an emer-
gency.’’. 
Æ 
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