[Congressional Record Volume 167, Number 20 (Wednesday, February 3, 2021)]
[Senate]
[Page S392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 445. Mrs. CAPITO (for herself, Mr. Grassley, Mr. Tillis, and Mr. 
Cramer) 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 THAT WOULD 
                   PROVIDE ADDITIONAL COVID FUNDING FOR 
                   INSTITUTIONS OF HIGHER EDUCATION WITHOUT 
                   ALLOCATING FUNDING IN A FAIR AND PROPORTIONAL 
                   MANNER TO ALL ELIGIBLE INSTITUTIONS UNDER TITLE 
                   IV OF THE HIGHER EDUCATION ACT OF 1965.

       (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 
     provides additional COVID funding for institutions of higher 
     education without allocating funding in a fair and 
     proportional manner to all eligible institutions under title 
     IV of the Higher Education Act of 1965.
       (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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