To ensure adequate funding in the Crime Victims Fund is disbursed to victims, their families, and their advocates each year.

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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