S.Amdt. 548

SA 548. Mr. PORTMAN submitted an amendment intended to be proposed by
him to the concurrent resolution S. Con. Res. 5, setting forth the
congressional budget for the United States Government for fiscal year
2021 and setting forth the appropriate budgetary levels for fiscal
years 2022 through 2030; 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 INCREASING THE FEDERAL
CORPORATE TAX RATE TO A RATE HIGHER THAN THE
AVERAGE STATUTORY RATE FOR OECD MEMBER STATES
IN 2020.

(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 increases the Federal income tax rate on corporations to
a rate higher than the average statutory corporate tax rate
in 2020 for States that are members of the Organisation for
Economic Co-operation and Development in 2020 (as determined
by the Joint Committee on Taxation, based on data provided by
the Organisation for Economic Co-operation and Development).
(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

[[Page S494]]

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.
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