S.Amdt. 848

SA 848. Mr. DeMINT submitted an amendment intended to be proposed by him to the concurrent resolution S. Con. Res. 13, setting forth the congressional budget for the United States Government for fiscal year 2010, revising the appropriate budgetary levels for fiscal year 2009, and setting forth the appropriate budgetary levels for fiscal years 2011 through 2014; which was ordered to lie on the table; as follows:

At the appropriate place at the end of subtitle A of title III, insert the following:

SEC. _. POINT OF ORDER AGAINST LEGISLATION THAT RAISES TAXES ON MIDDLE-INCOME FAMILIES.

(a) In General.--After a concurrent resolution on the budget is agreed to, it shall not be in order in the Senate to consider any bill, resolution, amendment between Houses, motion, or conference report that would cause revenues to be more than the level of revenues set forth for that first fiscal year or for the total of that fiscal year and the ensuing fiscal years in the applicable resolution for which allocations are provided under section 302(a) of the Congressional Budget Act of 1974.

(b) Suspension of Point of Order.--

(1) In general.--A point of order raised under subsection (a) shall be suspended in the Senate upon certification by the Chairman of the Budget Committee of the Senate that such bill, joint resolution, amendment, motion, amendment between Houses, or conference report does not include a Federal income tax increase on middle-income families.

(2) Middle-income families.--For purposes of paragraph (1), the term “middle-income families” is defined as married couples filing jointly with $250,000 or less in adjusted gross income. Adjusted gross income is defined under section 62 of the Internal Revenue Code of 1986.

(3) Federal income tax increase.--For purposes of paragraph (1), the term “Federal income tax increase” means any amendment to the Internal Revenue Code of 1986 that, directly or indirectly, increases the amount of Federal income tax, and any legislation that the Congressional Budget Office would score as an increase in Federal revenues.

(c) Supermajority Waiver and Appeal.--

(1) Waiver.--This section may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn.

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