S.Amdt. 1200

SA 1200. Mr. WYDEN submitted an amendment intended to be proposed to
amendment SA 1116 proposed by Mr. Enzi to the concurrent resolution H.
Con. Res. 71, establishing the congressional budget for the United
States Government for fiscal year 2018 and setting forth the
appropriate budgetary levels for fiscal years 2019 through 2027; which
was ordered to lie on the table; as follows:

At the end of title IV, add the following:

SEC. 4__. POINT OF ORDER AGAINST TAX REFORM LEGISLATION THAT
IS LESS PROGRESSIVE THAN CURRENT LAW.

(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
amends the Internal Revenue Code of 1986 and results in a tax
code that is less progressive than current law.
(b) Determination of Whether Code Is Less Progressive.--For
purposes of this section, a measure described in subsection
(a) results in a tax code that is less progressive than
current law if, after the measure takes effect--
(1) the percentage increase in after-tax income for tax
returns in higher income groups, including the top 10
percent, top 5 percent, top 1 percent, and top 0.1 percent,
is greater than the percentage increase in after-tax income
for tax returns in lower income groups; or
(2) the percentage decrease in after-tax income for tax
returns in higher income groups, including the top 10
percent, top 5 percent, top 1 percent, and top 0.1 percent,
is less than the percentage decrease in after-tax income for
tax returns in lower income groups.

The determinations made under paragraph (1) and (2) shall be
based on distribution tables produced by the Joint Committee
on Taxation.
(c) 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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