[Page S2177]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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