123STA T . 3 5 3 8CON C UR R E NT RESO L UT I ONS — A P R.2 9, 2 0 09 (f)CRITE RI A.— ( 1 ) ING ENERA L .— Forpu rpo se sof thi sse c tio n,a n y pro v ision isane m er g ency re q uirement if the situation a d dressed b y such provision is— ( A ) necessary, essentia l , or vital (not merely useful or beneficial)
( B ) sudden, quic k ly coming into being, and not building up over time; (C) an urgent, pressing, and compelling need requiring immediate action; ( D ) sub j ect to paragraph ( 2 ), unforeseen, unpredictable, and unanticipated; and ( E ) not permanent, temporary in nature. (2) U N FO RE S EEN.—An emergency that is part of an aggre - gate level of anticipated emergencies, particularly w hen nor- mally estimated in advance, is not unforeseen. (g) INA P PLI C A B ILIT Y .—In the S enate, section 2 04 (a) of S. Con. R es. 21 (110th Congress), the concurrent resolution on the budget for fiscal year 200 8 , shall no longer apply. SEC.40 4. POINT O F O RD ER AG AINST L EGISLATION INCREASING S H ORT - TER M DEFICIT. (a) P OINT OF O R D ER.—It shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or con- ference report (e x cept measures within the jurisdiction of the Com- mittee on Appropriations) that would cause a net increase in the deficit in excess of $ 10,000,000,000 in any fiscal year provided for in the most recently adopted concurrent resolution on the budget unless it is fully offset over the period of all fiscal years provided for in the most recently adopted concurrent resolution on the budget. (b) S U PER M A J ORITY W AI V ER AND APPEAL IN T H E SENATE.— (1) WAIVER.— T his section may be waived or suspended only by the affirmative vote of three-fifths of the M embers, duly chosen and sworn. (2) APPEAL.—An affirmative vote of three-fifths of the Mem- bers, 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 section. (c) L IMITATION.—The provisions of this section shall not apply to any bills, joint resolutions, amendments, motions, or conference reports for which the chairman of the Senate Committee on the Budget has made adjustments to the allocations, levels or limits contained in this resolution pursuant to Section 3 01(a) of this resolution. (d) DETERMINATIONS OF BUDGET LEVELS.—For purposes of this section, the levels shall be determined on the basis of estimates provided by the Senate Committee on the Budget. (e) SUNSET.—This section shall expire on September 30, 2018. (f) INAPPLICABILITY.—In the Senate, section 31 5 of S. Con. Res. 7 0 (110th Congress), the concurrent resolution in the budget for fiscal year 200 9 , shall no longer apply. SEC. 40 5 . POINT OF ORDER AGAINST CERTAIN LEGISLATION RELATED TOS U RFACE TRANSPORTATION FUNDING. (a) POINT OF ORDER.—It shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or con- ference report that extends the authority or reauthori z es surface transportation programs that appropriates budget authority from
