[Congressional Record Volume 167, Number 145 (Tuesday, August 10, 2021)]
[Senate]
[Pages S6360-S6361]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3455. Mr. LEE (for himself and Mr. Braun) 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 LEGISLATION THAT WOULD 
                   APPROPRIATE FUNDS AND ALLOW SUCH FUNDS TO BE 
                   USED FOR ABORTION OR CERTAIN OTHER PURPOSES.

       (a) Point of Order.--
       (1) In general.--In the Senate, it shall not be in order to 
     consider a provision in a bill, joint resolution, motion, 
     amendment, amendment between the Houses, or conference report 
     that would appropriate funds and fail to prohibit the use of 
     such funds for--
       (A) except in a case described in paragraph (2)--
       (i) any abortion; or
       (ii) health benefits coverage that includes coverage of 
     abortion;

[[Page S6361]]

       (B) the creation of a human embryo or embryos for research 
     purposes;
       (C) research for which fetal tissue is obtained from an 
     induced abortion or derivatives of such tissue;
       (D) research in which a human embryo is created or 
     destroyed, discarded, or put at risk of injury;
       (E) research in which an embryo-like entity is created 
     wholly or in part from human cells or components;
       (F) research in which a human embryo is intentionally 
     created or modified to include a heritable genetic 
     modification; or
       (G) research using any stem cell the derivation of which 
     would be inconsistent with the standards described in 
     subparagraphs (A) through (F).
       (2) Exceptions.--Paragraph (1)(A) shall not apply with 
     respect to an abortion--
       (A) if the pregnancy is the result of an act of rape or 
     incest; or
       (B) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (3) Point of order sustained.--If a point of order is made 
     by a Senator against a provision described in paragraph (1), 
     and the point of order is sustained by the Chair, that 
     provision shall be stricken from the measure and may not be 
     offered as an amendment from the floor.
       (b) Form of the Point of Order.--A point of order under 
     subsection (a)(1) may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974 (2 
     U.S.C. 644(e)).
       (c) Conference Reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill or joint resolution, upon a point of 
     order being made by any Senator pursuant to subsection 
     (a)(1), and such point of order being sustained, such 
     material contained in such conference report or House 
     amendment shall be stricken, and the Senate shall proceed to 
     consider the question of whether the Senate shall recede from 
     its amendment and concur with a further amendment, or concur 
     in the House amendment with a further amendment, as the case 
     may be, which further amendment shall consist of only that 
     portion of the conference report or House amendment, as the 
     case may be, not so stricken. Any such motion in the Senate 
     shall be debatable. In any case in which such point of order 
     is sustained against a conference report (or Senate amendment 
     derived from such conference report by operation of this 
     subsection), no further amendment shall be in order.
       (d) Supermajority Waiver and Appeal.--In the Senate, this 
     section may be waived or suspended only by an affirmative 
     vote of three-fifths of the Members, duly chose and sworn. An 
     affirmative vote of three-fifths of 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 
     this section.
                                 ______