[Congressional Record Volume 145, Number 1 (Wednesday, January 6, 1999)]
[Senate]
[Page S31]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SENATE RESOLUTION 5--TO ESTABLISH PROCEDURES FOR THE CONSIDERATION OF 
                  EMERGENCY LEGISLATION IN THE SENATE

  Mr. LOTT (for Mr. Domenici) submitted the following resolution; which 
was referred to the Committee on the Budget and the Committee on 
Governmental Affairs, jointly, pursuant to the order of August 4, 1977:

                               S. Res. 5

       Resolved,

     SECTION 1. CONSIDERATION OF EMERGENCY LEGISLATION.

       (a) Designations.--
       (1) Guidance.--In the Senate for purposes of making a 
     designation of a provision of legislation as an emergency 
     requirement under section 251(b)(2)(A) or 252(e) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     the committee report, if any, accompanying such legislation, 
     shall analyze whether a proposed emergency requirement meets 
     all the criteria in paragraph (2).
       (2) Criteria.--
       (A) In general.--A proposed expenditure or tax change is an 
     emergency requirement if it 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 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 accompanying 
     such legislation shall provide a justification of why the 
     requirement is an emergency.
       (b) Point of Order.--
       (1) In general.--When the Senate is considering a bill, 
     resolution, amendment, motion, or conference report, upon a 
     point of order being made by a Senator against any provision 
     in that measure designated as an emergency requirement 
     pursuant to section 251(b)(2)(A) or 252(e) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 and the 
     Presiding Officer sustains that point of order, that 
     provision along with the language making the designation 
     shall be stricken from the measure and may not be offered as 
     an amendment from the floor.
       (2) Emergency legislation.--When the Senate is considering 
     an emergency supplemental appropriations bill, an amendment 
     thereto, a motion thereto, or a conference report therefrom, 
     upon a point of order being made by a Senator against any 
     provision in that measure that is not designated as an 
     emergency requirement pursuant to section 251(b)(2)(A) or 
     252(e) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985 and the Presiding Officer sustains that point of 
     order, that provision shall be stricken from the measure and 
     may not be offered as an amendment from the floor.
       (c) Waiver.--Paragraphs (1) and (2) of subsection (b) may 
     be waived in the Senate only by the affirmative vote of 
     three-fifths of the Members, duly chosen and sworn.
       (d) Appeal.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this resolution shall 
     be limited to 1 hour of debate, to be equally divided 
     between, and controlled by, the appellant and the manager of 
     the legislation. 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 resolution.
       (e) Definition.--In this resolution, the term ``emergency 
     supplemental appropriations bill'' means a bill or joint 
     resolution appropriating funds in addition to those enacted 
     in the appropriations Act for that year as defined in section 
     105 of title 1, United States Code.

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