[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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