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tionary spending limits in the Senate) and section
505 of the Concurrent Resolution on the Budget for
Fiscal Year 2004 H. Con. Res. 95 (relating to the
paygo requirement in the Senate).
(3) DESIGNATIONS.—
(A) GUIDANCE.—If a provision of legisla-
tion is designated as an emergency requirement
under this section, the committee report and any
statement of managers accompanying that legis-
lation shall include an explanation of the man-
ner in which the provision meets the criteria in
subparagraph (B).
(B) CRITERIA.—
(i) IN GENERAL.—Any such provision
is an emergency requirement if the situa-
tion addressed by such provision is—
(I) necessary, essential, or vital
(not merely useful or beneficial);
(II) sudden, quickly coming into
being, and not building up over time;
(III) an urgent, pressing, and
compelling need requiring immediate
action;
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HCON 95 EAS
(IV) subject to clause (ii), unfore-
seen, unpredictable, and unanticipated;
and
(V) not permanent, temporary in
nature.
(ii) UNFORESEEN.—An emergency that
is part of an aggregate level of anticipated
emergencies, particularly when normally es-
timated in advance, is not unforeseen.
(4) DEFINITIONS.—In this subsection, the terms
‘‘direct spending’’, ‘‘receipts’’, and ‘‘appropriations
for discretionary accounts’’ means any provision of a
bill, joint resolution, amendment, motion, or con-
ference report that affects direct spending, receipts, or
appropriations as those terms have been defined and
interpreted for purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(5) POINT OF ORDER.—When the Senate is con-
sidering a bill, resolution, amendment, motion, or
conference report, if a point of order is made by a
Senator against an emergency designation in that
measure, that provision making such a designation
shall be stricken from the measure and may not be of-
fered as an amendment from the floor.
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HCON 95 EAS
(6) WAIVER AND APPEAL.—Paragraph (5) may
be waived or suspended in the Senate only by an af-
firmative vote of three-fifths of the Members, duly cho-
sen and sworn. Appeals in the Senate from the deci-
sions of the Chair relating to any provision of this
subsection shall be limited to 1 hour, to be equally di-
vided between, and controlled by, the appellant and
the manager of the bill or joint resolution, as the case
may be. 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 this section.
(7) DEFINITION
OF
AN
EMERGENCY
DESIGNA-
TION.—For purposes of paragraph (5), a provision
shall be considered an emergency designation if it des-
ignates any item as an emergency requirement pursu-
ant to this section.
(8) FORM OF THE POINT OF ORDER.—A point of
order under paragraph (5) may be raised by a Sen-
ator as provided in section 313(e) of the Congres-
sional Budget Act of 1974.
(9) CONFERENCE REPORTS.—If a point of order
is sustained under paragraph (5) against a conference
report, the report shall be disposed of as provided in
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HCON 95 EAS
section 313(d) of the Congressional Budget Act of
1974.
(10) EXCEPTION
FOR
DEFENSE
SPENDING.—
Paragraph (5) shall not apply against an emergency
designation for a provision making discretionary ap-
propriations under the defense function (050).
(c) EXEMPTION
OF OVERSEAS CONTINGENT OPER-
ATIONS.—
(1) IN GENERAL.—In the Senate, if a bill, joint
resolution, amendment, or a conference report makes
supplemental appropriations for fiscal year 2006 for
overseas contingency operations related to the global
war on terrorism, then the new budget authority, new
entitlement authority, and outlays resulting from the
provisions of such measure that are designated pursu-
ant to this section as making appropriations for such
contingency operations—
(A) shall not count for purposes of sections
302, 303, and 401 of the Congressional Budget
Act of 1974; and
(B) shall not count for the purpose of sec-
tion 404 of this resolution (relating to discre-
tionary spending limits in the Senate) and sec-
tion 505 of the Concurrent Resolution on the
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HCON 95 EAS
Budget for Fiscal Year 2004 H. Con. Res. 95 (re-
lating to the pay-go requirement).
(2) LIMITATION.—The amounts that are not
counted for purposes of this section shall not exceed
$50,000,000,000 in new budget authority and outlays
associated with the budget authority.
SEC. 403. SUPERMAJORITY ENFORCEMENT.
(a) EXTENSION.—Notwithstanding any provision of
the Congressional Budget Act of 1974, subsections (c)(2)
and (d)(3) of section 904 of the Congressional Budget Act
of 1974 shall remain in effect for purposes of Senate enforce-
ment through September 30, 2010.
(b) UNFUNDED MANDATES.—
(1) IN GENERAL.—Section 425(a)(1) and (2) of
the Congressional Budget Act of 1974 shall be subject
to the waiver and appeal requirements of subsections
(c)(2) and (d)(3) of section 904 of the Congressional
Budget Act of 1974.
(2) EFFECTIVE DATE.—This subsection shall re-
main in effect for purposes of Senate enforcement
through September 30, 2010.
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HCON 95 EAS
SEC. 404. DISCRETIONARY SPENDING LIMITS IN THE SEN-
ATE.
(a) DISCRETIONARY SPENDING LIMITS.—In the Sen-
ate and as used in this section, the term ‘‘discretionary
spending limit’’ means—
(1) for fiscal year 2006, $848,063,000,000 in
new budget authority and $916,405,000,000 in out-
lays for the discretionary category;
(2) for fiscal year 2007, $868,473,000,000 in
new budget authority for the discretionary category;
and
(3) for fiscal year 2008, $891,445,000,000 in
new budget authority for the discretionary category;
as adjusted in conformance with the adjustment procedures
in subsection (d).
(b) ADJUSTMENTS TO DISCRETIONARY SPENDING LIM-
ITS.—
(1) CONTINUING DISABILITY REVIEWS.—If a bill
or joint resolution is reported making appropriations
for fiscal year 2006 that appropriates $412,000,000
for continuing disability reviews for the Social Secu-
rity Administration, and provides an additional ap-
propriation of $189,000,000 for continuing disability
reviews for the Social Security Administration, then
the allocation to the Senate Committee on Appropria-
tions shall be increased by $189,000,000 in budget au-
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thority and outlays flowing from the budget authority
for fiscal year 2006.
(2) INTERNAL REVENUE SERVICE TAX ENFORCE-
MENT.—If a bill or joint resolution is reported mak-
ing appropriations for fiscal year 2006 that appro-
priates $6,447,000,000 for enhanced tax enforcement
to address the ‘‘Federal tax gap’’ for the Internal Rev-
enue Service, and provides an additional appropria-
tion of $446,000,000 for enhanced tax enforcement to
address the ‘‘Federal tax gap’’ for the Internal Rev-
enue Service, then the allocation to the Senate Com-
mittee on Appropriations shall be increased by
$446,000,000 in budget authority and outlays flowing
from the budget authority for fiscal year 2006.
(3) HEALTH CARE FRAUD AND ABUSE CONTROL
PROGRAM.—If a bill or joint resolution is reported
making appropriations for fiscal year 2006 that ap-
propriates $80,000,000 to the health care fraud and
abuse control program at the Department of Health
and Human Services, then the allocation to the Sen-
ate Committee on Appropriations shall be increased
by $80,000,000 in budget authority and outlays flow-
ing from the budget authority for fiscal year 2006.
(4) UNEMPLOYMENT INSURANCE IMPROPER PAY-
MENTS.—If a bill or joint resolution is reported mak-
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ing appropriations for fiscal year 2006 that appro-
priates $10,000,000 for unemployment insurance im-
proper payments reviews for the Department of
Labor, and provides an additional appropriation of
$40,000,000 for unemployment insurance improper
payments reviews for the Department of Labor, then
the allocation to the Senate Committee on Appropria-
tions shall be increased by $40,000,000 in budget au-
thority and outlays flowing from the budget authority
for fiscal year 2006.
(c) DISCRETIONARY SPENDING POINT OF ORDER IN
THE SENATE.—
(1) IN GENERAL.—Except as otherwise provided
in this subsection, it shall not be in order in the Sen-
ate to consider any bill or joint resolution (or amend-
ment, motion, or conference report on that bill or
joint resolution) that would cause the discretionary
spending limits in this section to be exceeded.
(2) WAIVER.—This subsection may be waived or
suspended in the Senate only by the affirmative vote
of three-fifths of the Members, duly chosen and sworn.
(3) APPEALS.—Appeals in the Senate from the
decisions of the Chair relating to any provision of
this subsection shall be limited to 1 hour, to be equal-
ly divided between, and controlled by, the appellant
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HCON 95 EAS
and the manager of the bill or joint resolution, as the
case may be. 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 this sub-
section.
(d) PROCEDURE FOR ADJUSTMENTS.—
(1) IN GENERAL.—
(A) CHAIRMAN.—After the reporting of a
bill or joint resolution, or the offering of an
amendment thereto or the submission of a con-
ference report thereon, the chairman of the Com-
mittee on the Budget may make the adjustments
set forth in subparagraph (B) for the amount of
new budget authority in that measure (if that
measure meets the requirements set forth in
paragraph (2)) and the outlays flowing from
that budget authority.
(B) MATTERS TO BE ADJUSTED.—The ad-
justments referred to in subparagraph (A) are to
be made to—
(i) the discretionary spending limits, if
any, set forth in the appropriate concurrent
resolution on the budget;