[Congressional Record Volume 167, Number 20 (Wednesday, February 3, 2021)]
[Senate]
[Pages S345-S346]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 139. Mr. PAUL submitted an amendment intended to be proposed by 
him to the concurrent resolution S. Con. Res. 5, setting forth the 
congressional budget for the United States Government for fiscal year 
2021 and setting forth the appropriate budgetary levels for fiscal 
years 2022 through 2030; which was ordered to lie on the table; as 
follows:

       At the appropriate place in title IV, add the following:

     SEC. 40__. EMERGENCY LEGISLATION.

       (a) Authority To Designate.--In the Senate, with respect to 
     a provision of direct spending or receipts legislation or 
     appropriations for discretionary accounts that Congress 
     designates as an emergency requirement, by an affirmative 
     vote of five-eighths of the Members, duly chosen and sworn, 
     in such measure, the amounts of new budget authority, 
     outlays, and receipts in all fiscal years resulting from that 
     provision shall be treated as an emergency requirement for 
     the purpose of this section.
       (b) Exemption of Emergency Provisions.--Any new budget 
     authority, outlays, and receipts resulting from any provision 
     designated as an emergency requirement, pursuant to this 
     section, in any bill, joint resolution, amendment, amendment 
     between the Houses, or conference report shall not count for 
     purposes of sections 302 and 311 of the Congressional Budget 
     Act of 1974 (2 U.S.C. 633 and 642), section 4106 of H. Con. 
     Res. 71 (115th Congress), the concurrent resolution on the 
     budget for fiscal year 2018, section 3101 of S. Con. Res. 11 
     (114th Congress), the concurrent resolution on the budget for 
     fiscal year 2016, and sections 401 and 404 of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010. Designated emergency provisions shall not 
     count for the purpose of revising allocations, aggregates, or 
     other levels pursuant to procedures established under section 
     301(b)(7) of the Congressional Budget Act of 1974 (2 U.S.C. 
     632(b)(7)) for deficit-neutral reserve funds and revising 
     discretionary spending limits set pursuant to section 301 of 
     S. Con. Res. 13 (111th Congress), the concurrent resolution 
     on the budget for fiscal year 2010.
       (c) Designations.--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 
     subsection (f).
       (d) Definitions.--In this section, the terms ``direct 
     spending'', ``receipts'', and ``appropriations for 
     discretionary accounts'' mean any provision of a bill, joint 
     resolution, amendment, motion, amendment between the Houses, 
     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 (2 U.S.C. 900 et seq.).
       (e) Point of Order.--
       (1) In general.--When the Senate is considering a bill, 
     resolution, amendment, motion, amendment between the Houses, 
     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.
       (2) Supermajority waiver and appeals.--
       (A) Waiver.--Paragraph (1) may be waived or suspended in 
     the Senate only by an affirmative vote of five-eighths of the 
     Members, 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 
     five-eighths 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 emergency designation.--For purposes 
     of paragraph (1), a provision shall be considered an 
     emergency designation if it designates any item as an 
     emergency requirement pursuant to this subsection.
       (4) Form of the 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 1974 (2 
     U.S.C. 644(e)).
       (5) Conference reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses 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 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 amendment, 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.
       (f) Criteria.--
       (1) In general.--For purposes of this section, any 
     provision is an emergency requirement if the situation 
     addressed by such provision is--

[[Page S346]]

       (A) necessary, essential, or vital (not merely useful or 
     beneficial);
       (B) sudden, quickly coming into being, and not building up 
     over time;
       (C) an urgent, pressing, and compelling need requiring 
     immediate action;
       (D) subject to paragraph (2), unforeseen, unpredictable, 
     and unanticipated; and
       (E) not permanent, temporary in nature.
       (2) Unforeseen.--An emergency that is part of an aggregate 
     level of anticipated emergencies, particularly when normally 
     estimated in advance, is not unforeseen.
       (g) Inapplicability.--In the Senate, section 4112 of H. 
     Con. Res. 71 (115th Congress), the concurrent resolution on 
     the budget for fiscal year 2018, shall no longer apply.
                                 ______