Temporary Payroll Tax Cut Continuation Act of 2011
Public Law 112-78
Pub. L. 112-78 – Temporary Payroll Tax Cut Continuation Act of 2011; Pub. L. 112–78; 125 Stat. 1280; Dec. 23, 2011; H.R. 3765 (112th Congress)
Public Law: Pub. L. 112-78
Stat. At Large: 125 Stat. 1280
Enacted: December 23, 2011
Bill Number: H.R. 3765 (112th Congress)
Note: This bill extended the tax policies of the EGTRRA and JFTTRA reconciliation Acts from 2001 and 2003, respectively, which were to expire. It also amended section 314 of the Congressional Budget Act of 1974. This amendment added a Senate only emergency designation provision (See below).
Applicable Text of Statute
TITLE V—OTHER PROVISIONS
Subtitle B — Budgetary Provisions
Section 511. Senate Point of Order Against An Emergency Designation.
(e) Senate Point of Order Against an Emergency Designation.—
(1) In general.—When the Senate is considering a bill, resolution, amendment, motion, amendment between the Houses, or conference report, if a point of order is made by a Senator against an emergency designation in that measure, that provision making such a designation shall be stricken from the measure and may not be offered as an amendment from the floor.
(2) Supermajority waiver and appeals.—
(A) Waiver.—Paragraph (1) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn.
(B) Appeals.—Appeals in the Senate from the decisions of the Chair relating to any provision of this subsection shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. 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 this subsection.
(3) Definition of an emergency designation.—For purposes of paragraph (1), a provision shall be considered an emergency designation if it designates any item pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
(4) Form of the point of order.—A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974.
(5) Conference reports.—When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill, upon a point of order being made by any Senator pursuant to this section, and such point of order being sustained, such material contained in such conference report shall be deemed 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.