S.Amdt. 857

SA 857. 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:

On page 68, after line 4, insert the following:

SEC. __. LIMITATIONS ON LEGISLATION THAT WOULD INCREASE THE NATIONAL AVERAGE ELECTRICITY PRICE FOR CONSUMERS.

(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 electricity price for consumers, 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 electricity price for consumers.

(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 three-fifths of the 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 three-fifths of the 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.