S.Amdt. 3672

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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