S.Amdt. 4366

SA 4366. Mr. ROBERTS 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:

On page 45, after line 25, insert the following:

SEC. 215. POINT OF ORDER LIMITING NEW EDUCATION LEGISLATION.

(a) Point of Order.--It shall not be in order in the Senate to consider a bill, resolution, amendment, motion, or conference report that establishes or contains an authorization for a Federal elementary or secondary education program that was not in existence on the day preceding the date of adoption of this resolution, until the amount appropriated to carry out part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) for a fiscal year is sufficient to provide to all States the maximum amount of grants the States are eligible to receive under section 611(a)(2) of such Act (20 U.S.C. 1411(a)(2)) for such fiscal year.

(b) Limitation.--The point of order described in subsection (a) shall not apply with respect to legislation containing an authorization for a Federal elementary or secondary education program that was in existence on the date of adoption of this resolution.

(c) Supermajority Waiver and Appeal.--

(1) Waiver.--Subsection (a) may be waived or suspended only by the affirmative vote of three fifths of the Members, duly chosen and sworn.

(2) Appeal.--An affirmative vote of three fifths of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a).