Page:United States Statutes at Large Volume 117.djvu/2954

 CONCURRENT RESOLUTIONS—APR. 11, 2003

117 STAT. 2935

(3) DESIGNATIONS.— (A) GUIDANCE.—In the Senate, if a provision of legislation is designated as an emergency requirement under this section, the committee report and any statement of managers accompanying that legislation shall include an explanation of the manner in which the provision meets the criteria in subparagraph (B). (B) CRITERIA.— (i) IN GENERAL.—Any such provision is an emergency requirement if the situation 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; (IV) subject to clause (ii), unforeseen, 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 estimated 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 conference 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 considering 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 offered as an amendment from the floor. (6) WAIVER AND APPEAL.—Paragraph (5) may 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 to sustain an appeal of the ruling of the Chair on a point of order raised under this section. (7) DEFINITION OF AN EMERGENCY DESIGNATION.—For purposes of paragraph (5), a provision shall be considered an emergency designation if it designates any item as an emergency requirement pursuant to this section. (8) FORM OF THE POINT OF ORDER.—A point of order under paragraph (5) may be raised by a Senator as provided in section 313(e) of the Congressional 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 section 313(d) of the Congressional Budget Act of 1974.

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