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Full Text of this Amendment

SA 227. Mr. THUNE submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title V, insert the following:
Section 4(g)(3) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139) is amended to read as follows:
"(A) IN GENERAL.--When the Senate is considering a PAYGO Act, any provision making an emergency designation shall be stricken from the measure and may not be offered as an amendment from the floor unless a waiver is offered and agreed to.
"(i) WAIVER.--Subparagraph (A) may be waived or suspended in the Senate only by an affirmative vote of two-thirds of the Members, duly chosen and sworn.
"(ii) 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 two-thirds 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.
"(C) WAIVER PETITION.--Prior to making a motion to waive under this paragraph, a Senator shall file a petition--
"(i) signed by 16 members requesting the waiver;
"(ii) with a Member of both the majority and minority signing; and
"(iii) stating that the spending is an emergency as described in subparagraph (D).
"(i) IN GENERAL.--For purposes of this subparagraph, spending is emergency spending if the spending 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 clause (ii), unforeseen, unpredictable, and unanticipated; and
"(V) not permanent, temporary in nature.
"(ii) UNFORSEEN.--An emergency that is part of an aggregate level of anticipated emergencies, particularly when normally estimated in advance, is not unforeseen.".

(As printed in the Congressional Record for the Senate on Mar 15, 2011.)