[Congressional Record Volume 167, Number 21 (Thursday, February 4, 2021)]
[Senate]
[Pages S493-S494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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