[Congressional Record Volume 167, Number 144 (Monday, August 9, 2021)]
[Senate]
[Page S6134]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2673. Mr. MARSHALL submitted an amendment intended to be proposed 
by him to the concurrent resolution S. Con. Res. 14, setting forth the 
congressional budget for the United States Government for fiscal year 
2022 and setting forth the appropriate budgetary levels for fiscal 
years 2023 through 2031; 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 THE RESCISSION OF A TITLE 
                   42 EXPULSION ORDER.

       (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 
     rescinds an order issued by the Centers for Disease Control 
     and Prevention, pursuant to sections 362 and 365 of the 
     Public Health Service Act (42 U.S.C. 265 and 268), 
     authorizing the Surgeon General to prohibit the introduction 
     of certain persons into the United States from countries in 
     which an outbreak of a communicable disease, such as COVID-19 
     exists to protect the public from contracting such disease 
     (commonly known as a ``title 42 expulsion order'').
       (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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