Page:United States Statutes at Large Volume 114 Part 6.djvu/97

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CONCURRENT RESOLUTIONS—APR. 13, 2000 114 STAT. 3153 statement of managers accompanying that legislation shall analyze whether a proposed emergency requirement meets all the criteria in paragraph (2). (2) CRITERIA.— (A) IN GENERAL.— The criteria to be considered in determining whether a proposed expenditure or tax change is an emergency requirement are— (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 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. — If 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.—Th is section 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 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 for a provision making discretionary appropriations in the defense category. SEC. 206. MECHANISM FOR IMPLEMENTING INCREASE OF FISCAL YEAR 2001 DISCRETIONARY SPENDING LIMITS. (a) FINDINGS. — The Senate finds the following: 79-194O-00 -4:QL3Part6