[Congressional Record Volume 167, Number 20 (Wednesday, February 3, 2021)]
[Senate]
[Pages S344-S345]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 136. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the concurrent resolution S. Con. Res. 5, setting forth the 
congressional budget for the United States Government for fiscal year 
2021 and setting forth the appropriate budgetary levels for fiscal 
years 2022 through 2030; which was ordered to lie on the table; as 
follows:

       At the appropriate place in title IV, add the following:

     SEC. 4___. POINT OF ORDER AGAINST RESTORING THE DEFINITION OF 
                   ``WATERS OF THE UNITED STATES'' DESCRIBED IN 
                   THE 2015 CLEAN WATER RULE.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that would 
     reinstate the definition of ``waters of the United States'' 
     under the Federal Water Pollution Control

[[Page S345]]

     Act (33 U.S.C. 1251 et seq.) that was described in the final 
     rule issued by the Administrator of the Environmental 
     Protection Agency and the Secretary of the Army entitled 
     ``Clean Water Rule: Definition of `Waters of the United 
     States' '' (80 Fed. Reg. 37054 (June 29, 2015)) .
       (b) Waiver and Appeal.--Subsection (a) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. 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 
     subsection (a).
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