Page:United States Statutes at Large Volume 119.djvu/3670

 119 STAT. 3652

CONCURRENT RESOLUTIONS—APR. 28, 2005

(i) shall not count for purposes of sections 302 and 311 of the Congressional Budget Act of 1974; and (ii) shall not count for the purpose of section 404 of this resolution (relating to discretionary 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 pay-go requirement). (B) LIMITATION.—The amounts that are not counted for purposes of this subsection shall not exceed $50,000,000,000 in new budget authority and outlays associated with the budget authority. (c) CRITERIA.— (1) IN GENERAL.—For purposes of this section, any provision is an emergency requirement if the situation addressed by such provision is— (A) necessary, essential, or vital (not merely useful or beneficial); (B) sudden, quickly coming into being, and not building up over time; (C) an urgent, pressing, and compelling need requiring immediate action; (D) subject to paragraph (2), unforeseen, unpredictable, and unanticipated; and (E) not permanent, temporary in nature. (2) UNFORESEEN.—An emergency that is part of an aggregate level of anticipated emergencies, particularly when normally estimated in advance, is not unforeseen. SEC. 403. EXTENSION OF SENATE 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 enforcement through September 30, 2010. (b) IN GENERAL.— (1) UNFUNDED MANDATES.—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) CONSIDERATION OF BUDGET LEGISLATION.—Section 303 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. For the purpose of Section 303, the year covered by the resolution shall be construed as the upcoming fiscal year only. (3) APPLICATION TO RECONCILIATION.—This subsection shall not apply to any legislation reported pursuant to reconciliation directions contained in a concurrent resolution on the budget. (4) EFFECTIVE DATE.—This subsection shall remain in effect for purposes of Senate enforcement through September 30, 2010. SEC. 404. DISCRETIONARY SPENDING LIMITS IN THE SENATE.

(a) DISCRETIONARY SPENDING LIMITS.—In the Senate and as used in this section, the term ‘‘discretionary spending limit’’ means— (1) for fiscal year 2006, $842,265,000,000 in new budget authority and $916,081,000,000 in outlays for the discretionary category;

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