Page:United States Statutes at Large Volume 113 Part 3.djvu/467

 CONCURRENT RESOLUTIONS—.\PR. 15, 1999 113 STAT. 1985 (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. (3) JUSTIFICATION FOR FAILURE TO MEET CRITERIA. — I f the proposed emergency requirement does not meet all the criteria set forth in paragraph (2), the committee report or the statement of managers, as the case may be, shall provide a written justification of why the requirement should be accorded emergency status. (b) POINT OF ORDER. —When the Senate is considering a bill, resolution, amendment, motion, or conference report, a point of order may be made by a Senator against an emergency designation in that measure and if the Presiding Officer sustains that point of order, that provision making such a designation shall be stricken from the measure and may not be offered as an amendment from the floor. (c) WAIVER AND APPEAL. — This section niiay 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 ruling of the Chair on a point of order raised under this section. (d) DEFINITION OF AN EMERGENCY REQUIREMENT. —^A provision shall be considered an emergency designation if it designates any item an emergency requirement pursuant to section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985. (e) FORM OF THE POINT OF ORDER. —^A point of order under this section may be raised by a Senator;as provided in section 313(e) of the Congressional Budget Act of 1974. (f) CONFERENCE REPORTS. —I f a point of order is sustained under this section against a conference report the report shall be disposed of as provided in section 313(d) of the Congressional Budget Act of 1974. (g) EXCEPTION FOR DEFENSE SPENDING.—{Subsection (b) shall not apply against an emergency designation far a provision making discretionary appropriations in the defense category. (h) SUNSET. —This section shall expire on the adoption of the concurrent resolution on the budget for fiscal year 2001. SEC. 207. PAY -AS-YOU-GO POINT OF ORDER IN THE SENATE. (a) PURPOSE. — The Senate declares that it is essential to— (1) ensure continued complismce with the balanced budget plan set forth in this concurrent resolution; and (2) continue the pay-as -you-go enforcement system. (b) POINT OF ORDER. — (1) IN GENERAL. —It shall not be in order in the Senate to consider any direct spending or rcjvenue legislation that would increase the on-budget deficit or cause an on-budget deficit for any one of the three applicable time periods as measured in paragraphs (5) and (6).

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