[Congressional Record Volume 167, Number 21 (Thursday, February 4, 2021)]
[Senate]
[Pages S538-S539]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 810. Mr. CRUZ 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 LEGISLATION INCREASING 
                   OUTLAYS TO INCREASE THE NUMBER OF JUSTICES OF 
                   THE SUPREME COURT OF THE UNITED STATES.

       (a) Point of Order.--

[[Page S539]]

       (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 outlays to modify, or would result in 
     increased outlays by modifying, the number of Justices of the 
     Supreme Court of the United States.
       (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) Conference Reports.--When the Senate is considering a 
     conference report on, or 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)(l 
     ), 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.
       (c) Supermajority Waiver and Appeal.--ln the Senate, this 
     section may be waived or suspended only by an affirmative 
     vote of two-thirds of the Members, duly chose and sworn. An 
     affirmative vote of two-thirds 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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