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mittee on the Budget may revise allocations of new budget
authority and outlays, revenue aggregates, and other appro-
priate measures to reflect such legislation, if such legislation
would not increase the deficit for fiscal year 2006 and for
the period of fiscal years 2006 through 2010.
SEC. 314. RESERVE FOR FUNDING OF HOPE CREDIT.
If the Committee on Finance of the Senate reports a
bill or joint resolution, or an amendment thereto is offered
or a conference report thereon is submitted, that increases
the Hope credit to $4,000, and makes the credit available
for 4 years, the chairman of the Committee on the Budget
may revise committee allocations for the Committee on Fi-
nance and other appropriate budgetary aggregates and allo-
cations of new budget authority and outlays by the amount
provided by that measure for that purpose, if that measure
includes offsets including legislation closing corporate tax
loopholes and would not increase the deficit for fiscal year
2006 and for the period of fiscal years 2006 though 2010.
SEC. 315. DEFICIT-NEUTRAL RESERVE FUND FOR INFLU-
ENZA VACCINE SHORTAGE PREVENTION.
If the Committee on Health, Education, Labor, and
Pensions of the Senate reports a bill or joint resolution, or
an amendment thereto is offered or a conference report
thereon is submitted, that increases the participation of
manufacturers in the production of influenza vaccine, in-
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HCON 95 EAS
creases research and innovation in new technologies for the
development of influenza vaccine, and enhances the ability
of the United States to track and respond to domestic influ-
enza outbreaks as well as pandemic containment efforts, the
chairman of the Committee on the Budget shall revise com-
mittee allocations for the Committee on Health, Education,
Labor, and Pensions and other appropriate budgetary ag-
gregates and allocations of new budget authority and out-
lays by the amount provided by that measure for that pur-
pose, regardless of whether the committee is within its
302(a) allocations, and such legislation shall be exempt
from sections 302, 303, 311, and 425 of the Congressional
Budget Act, and from section 505 of the concurrent resolu-
tion on the budget for fiscal year 2004 (H. Con. Res. 95),
if that measure would not increase the deficit for fiscal year
2006 and for the period of fiscal years 2006 through 2010.
SEC. 316. RESERVE FUND FOR EXTENSION OF TREATMENT
OF COMBAT PAY FOR EARNED INCOME AND
CHILD TAX CREDITS.
If the Committee on Finance reports a bill or joint
resolution, or an amendment thereto is offered or a con-
ference report thereon is submitted, that makes permanent
the taxpayer election to treat combat pay otherwise excluded
from gross income under section 112 of the Internal Rev-
enue Code as earned income for purposes of the earned in-
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HCON 95 EAS
come credit and makes permanent the treatment of such
combat pay as earned income for purposes of the child tax
credit, provided that the Committee is within its allocation
as provided under section 302(a) of the Congressional Budg-
et Act of 1974, the Chairman of the Committee on the Budg-
et may revise the allocations of budget authority and out-
lays, the revenue aggregates, and other appropriate meas-
ures, provided that such legislation would not increase the
deficit for the period of fiscal year 2006 or the total of fiscal
years 2006 though 2010.
TITLE IV—BUDGET
ENFORCEMENT
SEC. 401. RESTRICTIONS ON ADVANCE APPROPRIATIONS.
(a) IN GENERAL.—Except as provided in subsection
(b), it shall not be in order in the Senate to consider any
bill, joint resolution, motion, amendment, or conference re-
port that would provide an advance appropriation.
(b) EXCEPTIONS.—An advance appropriation may be
provided for the fiscal years 2007 and 2008 for programs,
projects, activities, or accounts identified in the joint ex-
planatory statement of managers accompanying this resolu-
tion under the heading ‘‘Accounts Identified for Advance
Appropriations’’ in an aggregate amount not to exceed
$23,393,000,000 in new budget authority in each year.
(c) DISPOSITION.—
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(1) IN GENERAL.—In the Senate, subsection (a)
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 the Mem-
bers of the Senate, duly chosen and sworn, shall be re-
quired to sustain an appeal of the ruling of the Chair
on a point of order raised under subsection (a).
(2) PROCEDURE.—A point of order under sub-
section (a) may be raised by a Senator as provided
in section 313(e) of the Congressional Budget Act of
1974.
(3) DISPOSITION.—If a point of order is sus-
tained under subsection (a) against a conference re-
port in the Senate, the report shall be disposed of as
provided in section 313(d) of the Congressional Budg-
et Act of 1974.
(d) DEFINITION.—In this section, the term ‘‘advance
appropriation’’ means any discretionary new budget au-
thority in a bill or joint resolution making general appro-
priations or continuing appropriations for fiscal year 2006
that first becomes available for any fiscal year after 2006,
or making general appropriations or continuing appropria-
tions for fiscal year 2007 that first becomes available for
any fiscal year after 2007.
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SEC. 402. EMERGENCY LEGISLATION.
(a) PURPOSE.—It is the purpose of this section, in the
absence of an extension of the discretionary spending limits
and paygo requirements under the Balanced Budget and
Emergency Deficit Control Act of 1985, to enable Congress
to designate provisions of legislation as an emergency in
order to exempt such measures from enforcement of this res-
olution with respect to the new budget authority, outlays,
and receipts resulting from such provisions.
(b) IN THE SENATE.—
(1) AUTHORITY TO DESIGNATE.—With respect to
a provision of direct spending or receipts legislation
or appropriations for discretionary accounts that the
Congress designates as an emergency requirement in
such measure, the amounts of new budget authority,
outlays, and receipts in all fiscal years resulting from
that provision shall be treated as an emergency re-
quirement for the purpose of this section.
(2) EXEMPTION OF EMERGENCY PROVISIONS.—
Any new budget authority, outlays, and receipts re-
sulting from any provision designated as an emer-
gency requirement, pursuant to this section, in any
bill, joint resolution, amendment, or conference report
shall not count for purposes of sections 302, 303, 311,
and 401 of the Congressional Budget Act of 1974 and
section 404 of this resolution (relating to discre-