Page:United States Statutes at Large Volume 123.djvu/3557

 123STA T . 3 5 3 7CON C UR R E NT RESO L UT I ONS — A P R.2 9, 2 0 09 andrevis in g dis c re t i o nar y s p ending l i m its set p u rsuant to section 301 o f t h is resolution .( c )DESIGNAT I O NS. —I f a provision of legislation is designated as an emergency re q uirement under this section , the committee report and any statement of managers accompanying that legislation shall include an e x planation of the manner in w hich the provision meets the criteria in su b section (f). (d) DE F INITIONS.—In this section, the terms ‘ ‘direct spending ’ ’, ‘‘receipts’’, and ‘‘appropriations for discretionary accounts’’ mean any provision of a bill, j oint resolution, amendment, motion, or conference report that affects direct spending, receipts, or appropria - tions as those terms have been defined and interpreted for purposes of the B alanced Budget and E mergency Deficit C ontrol A ctof1 985 . (e) P OINT OF ORD ER.— (1) IN GENERA L .— W hen the S enate 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 ma k ing such a designation shall be stricken from the measure and may not be offered as an amendment from the floor. ( 2 )S UP ER M A J ORIT YW AI V ER AND APPEALS.— (A) WAIVER.—Paragraph (1) may be waived or sus- pended in the Senate only by an affirmative vote of three- fifths of the M embers, duly chosen and sworn. (B) 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 equally divided 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 subsection. (3) DEFINITION OF AN EMERGEN C Y DESIGNATION.— F or pur- poses of paragraph (1), a provision shall be considered an emergency designation if it designates any item as an emer- gency requirement pursuant to this subsection. ( 4 )FORMOFT H E POINT OF ORDER.—A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 19 7 4. (5) CONFERENCE REPORTS.—When the Senate is considering a conference report on, or an amendment between the H ouses in relation to, a bill, upon a point of order being made by any Senator pursuant to this section, and such point of order being sustained, such material contained in such conference report shall be deemed stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amend- ment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order.