    [Congressional Record Volume 171, Number 33 (Wednesday, February 19, 2025)]
    [Senate]
    [Page S1047]
    From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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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