[Congressional Record Volume 155, Number 120 (Tuesday, August 4, 2009)]
[Senate]
[Page S8774]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE RESOLUTION 238--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

  Mr. DeMINT submitted the following resolution; which was referred to 
the Committee on Rules and Administration:

                              S. Res. 238

       Resolved,

     SECTION 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, duly 
     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.

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