II

106TH CONGRESS

1ST SESSION S. 557

To provide guidance for the designation of emergencies as a part of the

budget process.

IN THE SENATE OF THE UNITED STATES

MARCH 8, 1999

Mr. THOMPSON, from the Committee on Governmental Affairs, reported the

following original bill; which was read twice and placed on the calendar

MARCH 11, 1999

Referred pursuant to the order of August 4, 1977, to the Committee on the

Budget for a period not to exceed thirty calendar days to report or be

discharged

A BILL

To provide guidance for the designation of emergencies as

a part of the budget process.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. EMERGENCY DESIGNATION GUIDANCE.

4 The Congressional Budget Act of 1974 is amended—

5 (1) by adding at the end of title III the follow6 ing:

7 ‘‘SEC. 318. EMERGENCY LEGISLATION.

8 ‘‘(a) DESIGNATIONS.—
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1 ‘‘(1) GUIDANCE.—In making a designation of a

2 provision of legislation as an emergency requirement

3 under section 251(b)(2)(A) or 252(e) of the Bal4 anced Budget and Emergency Deficit Control Act of

5 1985—

6 ‘‘(A) the President shall submit a message

7 to the Congress analyzing whether a proposed

8 emergency requirement meets all the criteria in

9 paragraph (2); and

10 ‘‘(B) the committee report, and any state11 ment of managers if any, accompanying that

12 legislation shall analyze whether a proposed

13 emergency requirement meets all the criteria in

14 paragraph (2).

15 ‘‘(2) CRITERIA.—

16 ‘‘(A) IN GENERAL.—The criteria to be con17 sidered in determining whether a proposed ex18 penditure or tax change is an emergency re19 quirement are whether it is—

20 ‘‘(i) necessary, essential, or vital (not

21 merely useful or beneficial);

22 ‘‘(ii) sudden, quickly coming into

23 being, and not building up over time;

24 ‘‘(iii) an urgent, pressing, and compel25 ling need requiring immediate action;
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1 ‘‘(iv) subject to subparagraph (B), un2 foreseen, unpredictable, and unanticipated;

3 and

4 ‘‘(v) not permanent, temporary in na5 ture.

6 ‘‘(B) UNFORESEEN.—An emergency that

7 is part of an aggregate level of anticipated

8 emergencies, particularly when normally esti9 mated in advance, is not unforeseen.

10 ‘‘(3) JUSTIFICATION FOR FAILURE TO MEET

11 CRITERIA.—If the proposed emergency requirement

12 does not meet all the criteria set forth in paragraph

13 (2), the President, the committee report, or the

14 statement of managers, as the case may be, shall

15 provide a written justification of why the require16 ment should be accorded emergency status.

17 ‘‘(b) POINT OF ORDER.—

18 ‘‘(1) IN GENERAL.—When the Senate is consid19 ering a bill, resolution, amendment, motion, or con20 ference report, upon a point of order being made by

21 a Senator against any provision in that measure des22 ignated as an emergency requirement pursuant to

23 section 251(b)(2)(A) or 252(e) of the Balanced

24 Budget and Emergency Deficit Control Act of 1985

25 and the Presiding Officer sustains that point of
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1 order, that provision along with the language mak2 ing the designation shall be stricken from the meas3 ure and may not be offered as an amendment from

4 the floor.

5 ‘‘(2) GENERAL POINT OF ORDER.—A point of

6 order under this subsection may be raised by a Sen7 ator as provided in section 313(e).

8 ‘‘(3) CONFERENCE REPORTS.—If a point of

9 order is sustained under this subsection against a

10 conference report the report shall be disposed of as

11 provided in section 313(d).’’; and

12 (2) in the table of contents in section 1(a), by

13 adding after the item for section 317 the following:

‘‘318. Emergency legislation.’’.

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