[Congressional Record Volume 167, Number 20 (Wednesday, February 3, 2021)]
[Senate]
[Page S391]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 442. Mrs. CAPITO (for herself and Mr. Wicker) submitted an 
amendment intended to be proposed by her 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 LEGISLATION CREATING A TAX 
                   OR FEE ON AVIATION CARBON EMISSIONS.

       (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 
     includes a Federal tax or fee imposed on carbon emissions 
     from any aircraft that is a direct or indirect source of the 
     emissions.
       (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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