S.Amdt. 121

SA 121. Mr. WARNER submitted an amendment intended to be proposed by
him to the concurrent resolution S. Con. Res. 7, setting forth the
congressional budget for the United States Government for fiscal year
2025 and setting forth the appropriate budgetary levels for fiscal
years 2026 through 2034; 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 CONSIDERING FUNDING
LEGISLATION FOR THE OFFICE OF THE PRESIDENT
WHILE THERE IS PENDING LITIGATION ALLEGING A
VIOLATION OF THE TAKE CARE CLAUSE.

(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
provides new budget authority for the Office of the President
or the White House Office during any period during which
there is litigation pending against the President or another
officer or employee of the executive branch alleging a
violation of the requirement under article II, section 3 of
the Constitution of the United States that the President
``shall take Care that the Laws be faithfully executed''
(commonly known as the ``Take Care Clause'').
(b) 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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