12 2 STA T .5 1 79CON C UR R E NT RESO L UT I ONS —J UNE 5 , 2 0 0 8(e)CONFER EN C E R E P OR TS.—Wh e nt he S en a te isco nsi d e r in g a con f erence re p ort on , orana m endment b et w een the H o u ses in re l ation to, a bill, upon a point of order being made b y any Senator pursuant to this section, and such point of order being sustained, such material contained in such conference report shall be deemed stric k en, and the Senate shall proceed to consider the q uestion of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. A ny such motion in the Senate shall be debatable. I n any case in which such point of order is sustained against a conference report (or Senate amendment deri v ed from such conference report by operation of this subsection), no further amendment shall be in order. (f) IN A PP LI CA B ILIT Y .—In the Senate, section 206 (a) of S. Con. Res. 2 1 (110th Congress) shall no longer apply. SEC.314 .SE NAT E POI NTO F O RD ERA G AINST PRO V ISIONS OF APPRO - PRIATIONS L EGISLATION T H AT CONSTIT U TE CHANGES IN M ANDATOR Y PROGRAMS W ITH NET COSTS. (a) IN G ENERAL.—In the Senate, it shall not be in order to consider any appropriations legislation, including any amendment thereto, motion in relation thereto, or conference report thereon, that includes any provision which constitutes a change in a manda - tory program producing net costs, as defined in subsection (b), that would have been estimated as affecting direct spending or receipts under section 2 5 2of the B alanced Budget and E mergency D eficit Control Act of 1 98 5 (as in effect prior to September 3 0, 2002) were they included in legislation other than appropriations legislation. A point of order pursuant to this section shall be raised against such provision or provisions as described in subsections (e) and (f). (b) C H AN G ES IN M AN D ATORY P ROGRA M S PROD U CING N ET COSTS.— A provision or provisions shall be sub j ect to a point of order pursu- ant to this section if— (1) the provision would increase budget authority in at least 1 of the 9 fiscal years that follow the budget year and over the period of the total of the budget year and the 9 fiscal years following the budget year
(2) the provision would increase net outlays over the period of the total of the 9 fiscal years following the budget year; and (3) the sum total of all changes in mandatory programs in the legislation would increase net outlays as measured over the period of the total of the 9 fiscal years following the budget year. (c) DETERMINATION.— T he determination of whether a provision is subject to a point of order pursuant to this section shall be made by the Committee on the Budget of the Senate. (d) SUPERMA J ORITY WAI V ER AND APPEAL.—This section may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirma- tive 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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