To provide for a point of order against any appropriations bill that fails to fully fund the construction of the Southwest border fence.

SA 969. Mr. SESSIONS 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; as follows:

On page 68, between lines 4 and 5, insert the following:

SEC. __. POINT OF ORDER AGAINST FAILURE TO FULLY FUND
SOUTHWEST BORDER FENCE.

(a) Point of Order.--After a concurrent resolution on the
budget in the Senate is agreed to, it shall not be in order
in the Senate to consider any appropriations bill that fails
to provide at least $2,600,000,000 to carry out section
102(b)(1) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note).
(b) Form of Point of Order.--A point of order under
subsection (a) may be raised by a Senator as provided in
section 313(e) of the Congressional Budget Act of 1974.
(c) Waiver.--This section may be waived or suspended only
by the affirmative vote of three-fifths of the Members, duly
chosen and sworn.
(d) Appeals.--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 this section.
(e) Sunset Provision.--This section shall cease to be
effective on the earlier of--
(1) the date on which $2,600,000,000 is appropriated to
carry out section 102(b)(1) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996; or
(2) the date that is 2 years after the date of enactment of
this Act.
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