Page:United States Statutes at Large Volume 121.djvu/2626

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[121 STAT. 2605]
[121 STAT. 2605]
PUBLIC LAW 110-000—MMMM. DD, 2007


121 STAT. 2605

(iii) an urgent, pressing, and compelling need requiring immediate action; (iv) subject to subparagraph (B), unforeseen, unpredictable, and unanticipated; and (v) not permanent, temporary in nature. (B) UNFORESEEN.—An emergency that is part of an aggregate level of anticipated emergencies, particularly when normally estimated in advance, is not unforeseen. (7) REPEAL.—In the Senate, section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006, shall no longer apply. (b) HOUSE.—In the House, if any bill or joint resolution, or amendment offered or considered as adopted or conference report thereon, that makes appropriations for discretionary amounts, and such amounts are designated as necessary to meet emergency needs, then the new budget authority and outlays resulting therefrom shall not be counted for the purposes of titles III and IV of the Congressional Budget Act of 1974. SEC. 205. EXTENSION OF ENFORCEMENT OF BUDGETARY POINTS OF ORDER IN THE SENATE.

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, 2017, and Section 403 of H. Con. Res. 95 (109th Congress) shall no longer apply in the Senate. SEC. 206. POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS.

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(a) 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, or conference report that would provide an advance appropriation. (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 2008 that first becomes available for any fiscal year after 2008, or any new budget authority provided in a bill or joint resolution making general appropriations or continuing appropriations for fiscal year 2009, that first becomes available for any fiscal year after 2009. (2) EXCEPTIONS.—Advance appropriations may be provided— (A) for fiscal years 2009 and 2010 for programs, projects, activities, or accounts identified in the joint explanatory statement of managers accompanying this resolution under the heading ‘‘Accounts Identified for Advance Appropriations’’ in an aggregate amount not to exceed $25,158,000,000 in new budget authority in each year; and (B) for the Corporation for Public Broadcasting. (3) SUPERMAJORITY WAIVER AND APPEAL.— (A) WAIVER.—In the Senate, paragraph (1) may be waived or suspended only by an affirmative vote of threefifths of the Members, duly chosen and sworn.

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