III 111th CONGRESS 1st Session S. RES. 238 IN THE SENATE OF THE UNITED STATES August 4, 2009 Mr. DeMint submitted the following resolution; which was referred to the Committee on Rules and Administration RESOLUTION To provide for a point of order against any legislation that eliminates or reduces the ability of Americans to keep their health plan or their choice of doctor or that decreases the number of Americans enrolled in private health insurance, while increasing the number of Americans enrolled in government-managed health care.

1.

Point of order on legislation that eliminates or reduces the ability of americans to keep their health plan or their choice of doctor

(a)

In general

In the Senate, it shall not be in order, to consider any bill, joint resolution, amendment, motion, or conference report that— (1)eliminates or reduces the ability of Americans to keep their health plan; (2)eliminates or reduces the ability of Americans to keep their choice of doctor; or (3)decreases the number of Americans enrolled in private health insurance, while increasing the number of Americans enrolled in government-managed health care. (b)

Suspension of point of order

A point of order raised under subsection (a) shall be suspended in the Senate upon certification by the Congressional Budget Office that such bill, joint resolution, amendment, motion or conference report does not— (1)eliminate or reduce the ability of Americans to keep their health plan; (2)eliminate or reduce the ability of Americans to keep their choice of doctor; or (3)decrease the number of Americans enrolled in private health insurance, while increasing the number of Americans enrolled in government-managed health care. (c)

Waiver

This section may be waived or suspended only by an affirmative vote of three-fifths of the Members, dully chosen and sworn. (d)

Appeals

An affirmative vote of three-fifths 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 this section.