[Congressional Record Volume 167, Number 21 (Thursday, February 4, 2021)]
[Senate]
[Page S534]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 780. Mr. KENNEDY (for himself and Mr. Sullivan) 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 APPROPRIATING OR MAKING 
                   AVAILABLE FUNDS FOR THE SECRETARY OF VETERANS 
                   AFFAIRS TO TRANSMIT CERTAIN INFORMATION TO THE 
                   DEPARTMENT OF JUSTICE FOR USE BY THE NATIONAL 
                   INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

       (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 would 
     appropriate or otherwise make available funds to the 
     Department of Veterans Affairs for use by the Secretary of 
     Veterans Affairs to transfer the personally identifiable 
     information of a beneficiary to the national instant criminal 
     background check system solely on the basis of a 
     determination by the Secretary to pay benefits to a fiduciary 
     for the use and benefit of the beneficiary without the order 
     or finding of a judge, magistrate, or other judicial 
     authority of competent jurisdiction that such beneficiary is 
     a danger to themselves or others.
       (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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