[Congressional Record Volume 167, Number 20 (Wednesday, February 3, 2021)]
[Senate]
[Page S355]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 202. Mr. SCOTT, of South Carolina 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 COVID-19 RELATED 
                   LEGISLATION THAT FAILS TO PROTECT SENIORS FROM 
                   IRRESPONSIBLE STATE NURSING HOME POLICIES.

       (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 does 
     not direct the Office of the Inspector General, the 
     Government Accountability Office, or the Centers for Medicare 
     and Medicaid Services, as applicable, to impose appropriate 
     enforcement penalties against States that violated Federal 
     guidelines by requiring the discharge of patients with an 
     active COVID-19 infection from hospitals to long-term care 
     facilities, leading to preventable outbreaks and deaths.
       (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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