S.Amdt. 4515

SA 4515. Mr. JOHANNS submitted an amendment intended to be proposed
to amendment SA 4500 proposed by Mr. Reid (for Mr. LeMieux (for
himself, Ms. Landrieu, Mr. Merkley, Mrs. Boxer, Ms. Cantwell, Ms.
Klobuchar, and Mrs. Murray)) to the amendment SA 4499 proposed by Mr.
Reid (for Mr. Baucus) to the bill H.R. 5297, to create the Small
Business Lending Fund Program to direct the Secretary of the Treasury
to make capital investments in eligible institutions in order to
increase the availability of credit for small businesses, to amend the
Internal Revenue Code of 1986 to provide tax incentives for small
business job creation, and for other purposes; which was ordered to lie
on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. POINT OF ORDER AGAINST CLIMATE CHANGE LEGISLATION.

(a) Point of Order.--Subject to subsection (b), it shall
not be in order in the Senate to consider any conference
report or other legislation that originates in the House of
Representatives as a message, bill, amendment, or motion, or
any Senate bill or related conference report to which the
House of Representatives added a provision, that addresses
climate change through the inclusion of a cap-and-trade
program if the Senate has not considered and approved a bill
addressing climate change that included such a cap-and-trade
program.
(b) Waiver and Appeal.--
(1) Waiver.--Subsection (a) may be waived or suspended in
the Senate only by an affirmative vote of \2/3\ of the
Members, duly chosen and sworn.
(2) Appeal.--An affirmative vote of \2/3\ 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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