S.Amdt. 780

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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