Sec. 4104. Surgical strike point of order in the Senate against directing budgetary treatment
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In this section, the term directs budgetary treatment with respect to a provision means that the provision, as determined by the Chairman of the Committee on the Budget of the Senate— directs the congressional estimating process for determining the budgetary effects of legislation; directs that a provision of legislation be considered a change in concepts and definitions under section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b) ); or reclassifies the budgetary treatment of funding.
In the Senate, it shall not be in order to consider a provision that directs budgetary treatment in a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report, unless the provision is included in— a bill or resolution which has been reported by the Committee on the Budget (or from the consideration of which such committee has been discharged); or a motion on, amendment to, amendment between the Houses in relation to, or conference report on a bill or resolution described in subparagraph (A).
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. A point of order under subsection (b)(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) ). When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or resolution, upon a point of order being made by any Senator pursuant to subsection (b)(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. 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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Sec. 4104
Surgical strike point of order in the Senate against directing budgetary treatment
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