II 111th CONGRESS 2d Session S. 3655 IN THE SENATE OF THE UNITED STATES July 27, 2010 Mr. Johanns introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To establish a point of order against certain climate change legislation.

1.

Point of order against climate change legislation

(a)

Point of order

Subject to subsection (b), it shall not be in order in the Senate to consider any conference report or other legislation that originates in the House of Representatives as a message, bill, amendment, or motion, or any Senate bill or related conference report to which the House of Representatives added a provision, that addresses climate change through the inclusion of a cap-and-trade program if the Senate has not considered and approved a bill addressing climate change that included such a cap-and-trade program. (b)

Waiver and appeal

(1)

Waiver

Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of 2/3 of the Members, duly chosen and sworn. (2)

Appeal

An affirmative vote of 2/3 of the Members of the Senate, 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).