[Congressional Record Volume 167, Number 145 (Tuesday, August 10, 2021)]
[Senate]
[Pages S6376-S6377]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3549. Mr. LEE 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 PREEMPTING STATE AND LOCAL 
                   ZONING DECISIONS.

       (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 preempts State and local zoning decisions.
       (2) 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

[[Page S6377]]

     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.
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