To create a point of order against bills that would raise gasoline prices.

SA 4340. Mr. DeMINT submitted an amendment intended to be proposed by
him to the concurrent resolution S. Con. Res. 70, setting forth the
congressional budget for the United States Government for fiscal year
2009 and including the appropriate budgetary levels for fiscal years
2008 and 2010 through 2013; which was ordered to lie on the table; as
follows:

At the end of the resolution, insert the following:

SEC. __. LIMITATIONS ON LEGISLATION THAT WOULD INCREASE
NATIONAL AVERAGE FUEL PRICES FOR AUTOMOBILES.

(a) Point of Order.--
(1) In general.--If the Senate is considering legislation,
upon a point of order being made by any Senator against
legislation, or any part of the legislation, that it has been
determined in accordance with paragraph (2) that the
legislation, if enacted, would result in an increase in the
national average fuel price for automobiles, and the point of
order is sustained by the Presiding Officer, the Senate shall
cease consideration of the legislation.
(2) Determination.--The determination described in this
paragraph means a determination by the Director of the
Congressional Budget Office, in consultation with the Energy
Information Administration and other appropriate Government
agencies, that is made upon the request of a Senator for
review of legislation, that the legislation, or part of the
legislation, would, if enacted, result in an increase in the
national average fuel price for automobiles.
(3) Legislation.--In this section the term ``legislation''
means a bill, joint resolution, amendment, motion, or
conference report.
(b) Waivers and Appeals.--
(1) Waivers.--Before the Presiding Officer rules on a point
of order described in subsection (a)(1), any Senator may move
to waive the point of order and the motion to waive shall not
be subject to amendment. A point of order described in
subsection (a)(1) is waived only by the affirmative vote of
60 Members of the Senate, duly chosen and sworn.
(2) Appeals.--After the Presiding Officer rules on a point
of order described in subsection (a)(1), any Senator may
appeal the ruling of the Presiding Officer on the point of
order as it applies to some or all of the provisions on which
the Presiding Officer ruled. A ruling of the Presiding
Officer on a point of order described in subsection (a)(1) is
sustained unless 60 Members of the Senate, duly chosen and
sworn, vote not to sustain the ruling.
(3) Debate.--Debate on the motion to waive under paragraph
(1) or on an appeal of the ruling of the Presiding Officer
under paragraph (2) shall be limited to 1 hour. The time
shall be equally divided between, and controlled by, the
Majority leader and the Minority Leader of the Senate, or
their designees.
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