Amends the Congressional Budget Act of 1974 to require that, in making a designation of a provision of legislation as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act): (1) the President shall submit a message to the Congress analyzing whether it meets certain emergency criteria; and (2) the committee report and any statements accompanying the legislation shall analyze whether it meets such criteria. Includes among such criteria determinations as to whether a proposed expenditure or tax change is: (1) necessary; (2) sudden; (3) a compelling need requiring immediate action; (4) unforeseen; and (5) temporary. Requires the President or committee report to provide a written justification of why a requirement should be accorded emergency status if it does not meet such criteria.
Provides that if a point of order is sustained against a provision designated as an emergency requirement, that provision and the language making the designation shall be stricken from the measure and may not be offered as a floor amendment.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 557 Placed on Calendar Senate (PCS)]
Calendar No. 30
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
_______________________________________________________________________
A BILL
To provide guidance for the designation of emergencies as a part of the
budget process.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EMERGENCY DESIGNATION GUIDANCE.
The Congressional Budget Act of 1974 is amended--
(1) by adding at the end of title III the following:
``SEC. 318. EMERGENCY LEGISLATION.
``(a) Designations.--
``(1) Guidance.--In 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--
``(A) the President shall submit a message to the
Congress analyzing whether a proposed emergency
requirement meets all the criteria in paragraph (2);
and
``(B) the committee report, and any statement of
managers if any, 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 whether 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 President, 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.--
``(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) General point of order.--A point of order under this
subsection may be raised by a Senator as provided in section
313(e).
``(3) Conference reports.--If a point of order is sustained
under this subsection against a conference report the report
shall be disposed of as provided in section 313(d).''; and
(2) in the table of contents in section 1(a), by adding
after the item for section 317 the following:
``318. Emergency legislation.''.
Calendar No. 30
106th CONGRESS
1st Session
S. 557
_______________________________________________________________________
A BILL
To provide guidance for the designation of emergencies as a part of the
budget process.
_______________________________________________________________________
March 8, 1999
Read twice and placed on the calendar
Cloture on the substitute amendment (SP 254) not invoked in Senate by Yea-Nay Vote. 54-45. Record Vote No: 90. (consideration: CR S4092)
Roll Call #90 (Senate)Considered by Senate. (consideration: CR S4330-4331)
Cloture motion on the Abraham amendment (SP255) presented in Senate. (consideration: CR S4331)
Motion by Senator Lott to recommit to Senate Committee on Governmental Affairs with instructions and to report back forthwith made in Senate.
Considered by Senate. (consideration: CR S4417)
Considered by Senate. (consideration: CR S4477-4482)
Cloture on the Abraham amendment (SP 255) not invoked in Senate by Yea-Nay Vote. 49-44. Record Vote No: 96. (consideration: CR S4482)
Roll Call #96 (Senate)Returned to the Calendar. Calendar No. 89.
Measure laid before Senate by unanimous consent. (consideration: CR S6913)
Cloture motion on the amendment (SP 297) presented in Senate. (consideration: CR S6913)
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Considered by Senate. (consideration: CR S6999)
Cloture on amendment (sp 297) not invoked in Senate by Yea-Nay Vote. 53-46. Record Vote No: 166. (consideration: CR S6999)
Roll Call #166 (Senate)Motion to proceed to consideration of measure made in Senate. (consideration: CR S7832-7833)
Cloture motion on motion to proceed to the bill presented in Senate. (consideration: CR S7832)
Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S7833)
Cloture on motion to proceed invoked in Senate by Yea-Nay Vote. 99-1. Record Vote No: 193. (consideration: CR S7980)
Roll Call #193 (Senate)Measure laid before Senate by motion. (consideration: CR S8699-8706)
Cloture motion on amendment sp 297 presented in Senate. (consideration: CR S7981)
Returned to the Calendar. Calendar No. 89. (consideration: CR S7981)
Cloture on the amendment (SP297) not invoked in Senate by Yea-Nay Vote. 52-43. Record Vote No: 211. (consideration: CR S8706)
Roll Call #211 (Senate)