[Congressional Record Volume 167, Number 145 (Tuesday, August 10, 2021)]
[Senate]
[Pages S6394-S6395]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3672. Mr. TOOMEY (for himself, Mr. Braun, Mr. Lankford, and Mr. 
Crapo) submitted an amendment intended to be proposed by him to the 
concurrent resolution S. Con. Res. 14, setting forth the congressional 
budget for the United States Government for fiscal year 2022 and 
setting forth the appropriate budgetary levels for fiscal years 2023 
through 2031; which was ordered to lie on the table; as follows:

       At the appropriate place in title IV, add the following:

[[Page S6395]]

  


     SEC. 4__. POINT OF ORDER AGAINST CERTAIN CHANGES IN MANDATORY 
                   PROGRAMS AFFECTING THE CRIME VICTIMS FUND.

       (a) Definitions.--In this section--
       (1) the term ``CHIMP'' means a provision that--
       (A) would have been estimated as affecting direct spending 
     or receipts under section 252 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 902) (as in 
     effect prior to September 30, 2002) if the provision was 
     included in legislation other than an appropriation Act; and
       (B) results in a net decrease in budget authority in the 
     current year or the budget year, but does not result in a net 
     decrease in outlays over the period of the total of the 
     current year, the budget year, and all fiscal years covered 
     under the most recently adopted concurrent resolution on the 
     budget;
       (2) the term ``Crime Victims Fund'' means the Crime Victims 
     Fund established under section 1402 of the Victims of Crime 
     Act of 1984 (34 U.S.C. 20101); and
       (3) the term ``3-year average amount'' means the annual 
     average amount that was deposited into the Crime Victims Fund 
     during the 3-fiscal-year period beginning on October 1 of the 
     fourth fiscal year before the fiscal year to which a CHIMP 
     affecting the Crime Victims Fund applies.
       (b) Point of Order in the Senate.--
       (1) Point of order.--
       (A) In general.--When the Senate is considering a bill or 
     joint resolution making full-year appropriations for fiscal 
     year 2022, or an amendment thereto, amendment between the 
     Houses in relation thereto, conference report thereon, or 
     motion thereon, it shall not be in order to consider a 
     provision in such bill or joint resolution, or amendment 
     thereto, amendment between the Houses in relation thereto, 
     conference report thereon, or motion thereon, that contains a 
     CHIMP that, if enacted, would cause the amount available for 
     obligation during the fiscal year from the Crime Victims Fund 
     to be less than the 3-year average amount.
       (B) Point of order sustained.--If a point of order is made 
     by a Senator against a provision described in subparagraph 
     (A), 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.
       (2) 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 (2 
     U.S.C. 644(e)).
       (3) Conference reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill or joint resolution, upon a point of 
     order being made by any Senator pursuant to paragraph (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.
       (4) Supermajority waiver and appeal.--In the Senate, this 
     subsection 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 subsection.
       (5) Determination.--For purposes of this subsection, 
     budgetary levels shall be determined on the basis of 
     estimates provided by the Chairman of the Committee on the 
     Budget of the Senate.
       (c) Point of Order in the House of Representatives.--
       (1) In general.--A provision in a bill or joint resolution 
     making full-year appropriations for fiscal year 2022 that 
     proposes a CHIMP affecting the Crime Victims Fund that, if 
     enacted, would cause the amount available for obligation 
     during the fiscal year from the Crime Victims Fund to be less 
     than the 3-year average amount shall not be in order in the 
     House of Representatives.
       (2) Amendments and conference reports.--It shall not be in 
     order in the House of Representatives to consider an 
     amendment to, or a conference report on, a bill or joint 
     resolution making full-year appropriations for fiscal year 
     2022 if such amendment thereto or conference report thereon 
     proposes a CHIMP that, if enacted, would cause the amount 
     available for obligation during the fiscal year from the 
     Crime Victims Fund to be less than the 3-year average amount.
       (3) Determination.--For purposes of this subsection, 
     budgetary levels shall be determined on the basis of 
     estimates provided by the Chairman of the Committee on the 
     Budget of the House of Representatives.
       (d) Review of Procedures Regarding Chimps.--The Committee 
     on the Budget and the Committee on Appropriations of the 
     Senate and the Committee on the Budget and the Committee on 
     Appropriations of the House of Representatives shall review 
     existing budget enforcement procedures regarding CHIMPs 
     included in appropriations legislation. These committees of 
     jurisdiction should consult with other relevant committees of 
     jurisdiction and other interested parties to review such 
     procedures, including for Crime Victims Fund spending, and 
     include any agreed upon recommendations in subsequent 
     concurrent resolutions on the budget.
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