[Congressional Record Volume 167, Number 123 (Wednesday, July 14, 2021)]
[Senate]
[Page S4905]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2121. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill H.R. 1652, to deposit certain funds into the Crime 
Victims Fund, to waive matching requirements, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. POINT OF ORDER.

       Section 1402 of the Victims of Crime Act of 1984 (34 U.S.C. 
     20101) is amended by striking subsection (c) and inserting 
     the following:
       ``(c)(1) Sums deposited in the Fund shall remain in the 
     Fund and be available for expenditure under this chapter for 
     grants under this chapter without fiscal year limitation, in 
     accordance with paragraph (2). Notwithstanding subsection 
     (d)(5), all sums deposited in the Fund in any fiscal year 
     that are not made available for obligation by Congress in the 
     subsequent fiscal year shall remain in the Fund for 
     obligation in future fiscal years, without fiscal year 
     limitation.
       ``(2)(A) Except as provided in subparagraph (C), it shall 
     not be in order in the Senate or the House of Representatives 
     to consider a provision in a bill or joint resolution making 
     appropriations for all or a portion of a fiscal year, or an 
     amendment thereto, amendment between the Houses in relation 
     thereto, conference report thereon, or motion thereon, that 
     would cause the amount of annual disbursals from the Fund 
     below the annual average amount that was deposited into the 
     Fund during the 3-fiscal-year period beginning on October 1 
     of the fourth fiscal year before the fiscal year to which the 
     disbursal level applies.
       ``(B) If a point of order is raised by a Member under 
     subparagraph (A), and the point of order is sustained by the 
     Chair, the provision shall be stricken from the measure and 
     may not be offered as an amendment from the floor.
       ``(C) A point of order shall not lie in the Senate or the 
     House of Representatives under this paragraph if the 
     difference between the amount in the Fund as of September 30 
     of the fiscal year immediately preceding the fiscal year to 
     which the annual disbursals described in subparagraph (A) 
     relates and the amount available for obligation through the 
     annual disbursals described in subparagraph (A) is not more 
     than $2,000,000,000.
       ``(3) Paragraph (2) may be waived or suspended in the 
     Senate only by the affirmative vote of three-fifths of the 
     Members, duly chosen and sworn. An affirmative vote of three-
     fifths of the Members, duly chosen and sworn, shall be 
     required in the Senate to sustain an appeal of the ruling of 
     the Chair on a point of order raised under paragraph (2).
       ``(4) This subsection is enacted by Congress--
       ``(A) as an exercise of the rulemaking power of the House 
     of Representatives and the Senate, respectively, and as such 
     it is deemed a part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in that House in the case of a joint resolution, and 
     it supersedes other rules only to the extent that it is 
     inconsistent with those rules; and
       ``(B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner and 
     to the same extent as in the case of any other rule of that 
     House.''.

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