,i #aadth ,,congress #ast ,session ,h4 ,r4 #cihd ,,in ,,the ,,house ,,of ,,representatives ,november #e1 #bjae ,mr4 ,pitts 7for himself and ,mr4 ,brendan ,f4 ,boyle of ,pennsylvania7 introduced the following bill2 which was referred to the ,committee on ,rules1 and in addition to the ,committee on the ,budget1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to prevent diversion of funds from the ,crime ,victims ,fund4 #a4 ,short title ,this ,act may be cited as the ,fairness for ,crime ,victims ,act of #bjae4 #b4 ,point of order against certain changes in mandatory programs affecting the ,crime ,victims ,fund 7a7 ,findings ,congress finds that-- 7#a7 the ,crime ,victims ,fund was created in #aihd1 with the support of overwhelming bipartisan majorities in the ,house of ,representatives and the ,senate and the support of ,president ,ronald ,reagan1 who signed the ,victims of ,crime ,act of #aihd 7,public ,law #ih-dgc7 into law2 7#b7 the ,crime ,victims ,fund was created based on the principle that funds the ,federal ,government collects from those convicted of crime should be used to aid those who have been victimized by crime2 7#c7 the ,crime ,victims ,fund is funded from fines1 penalties1 and forfeited bonds in ,federal court and private donations2 7#d7 the ,crime ,victims ,fund receives no taxpayer dollars2 7#e7 ,federal law provides that funds deposited into the ,crime ,victims ,fund shall be used to provide services to victims of crime in accordance with the ,victims of ,crime ,act of #aihd2 7#f7 the ,victims of ,crime ,act of #aihd gives priority to victims of child abuse1 sexual assault1 and domestic violence2 7#g7 since fiscal year #bjjj1 ,congress has been taking funds collected by the ,crime ,victims ,fund and not disbursing the full amount provided for under the ,victims of ,crime ,act of #aihd2 7#h7 over #aj1jjj1jjj1jjj has been withheld from victims of child abuse1 sexual assault1 domestic violence1 and other crimes2 7#i7 from fiscal year #bjaj through fiscal year #bjad1 the ,crime ,victims ,fund collected #ab1jjj1jjj1jjj1 but ,congress disbursed only #c1fjj1jjj1jjj 7or #cj percent7 to crime victims2 7#aj7 under budget rules1 ,congress represents that the money it has already spent in prior years is still in the ,crime ,victims ,fund and available for victims of crime2 7#aa7 ,congress concludes that it is time to restore fairness to crime victims2 and 7#ab7 ,congress concludes that henceforth1 funds collected by the ,crime ,victims ,fund should be used for services to crime victims in accordance with the ,victims of ,crime ,act of #aihd4 7b7 ,amendment ,title ,,iv of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #fea et seq47 is amended by adding at the end the following3 ,c ,additional limitations on budgetary and appropriations legislation #dda4 ,point of order against changes in mandatory programs affecting the ,crime ,victims ,fund 7a7 ,definitions ,in this section-- 7#a7 the term ,,chimp means a provision that-- 7,a7 would have been estimated as affecting direct spending or receipts under section #beb of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijb7 7as in effect prior to ,september #cj1 #bjjb7 if the provision was included in legislation other than appropriation ,acts2 and 7,b7 results in a net decrease in budget authority in the current year or the budget year1 but does not result in a net decrease in outlays over the period of the total of the current year1 the budget year1 and all fiscal years covered under the most recently adopted concurrent resolution on the budget2 7#b7 the term ,crime ,victims ,fund means the ,crime ,victims ,fund established under section #adjb of the ,victims of ,crime ,act of #aihd 7#db ,u4,s4,c4 #ajfja72 and 7#c7 the term #c-year average amount means the annual average amount that was deposited into the ,crime ,victims ,fund during the #c-;fiscal-year period beginning on ,october #a of the fourth fiscal year before the fiscal year to which a ,,chimp affecting the ,crime ,victims ,fund applies4 7b7 ,point of order in the ,senate 7#a7 ,in general ,when the ,senate is considering a bill or joint resolution making appropriations for a fiscal year1 or an amendment thereto1 amendment between the ,houses in relation thereto1 conference report thereon1 or motion thereon1 if a point of order is made by a ,senator against a provision containing a ,,chimp that1 if enacted1 would cause the amount available for obligation during the fiscal year from the ,crime ,victims ,fund to be less than the #c-year average amount1 and the point of order is sustained by the ,chair1 that provision shall be stricken from the measure and may not be offered as an amendment from the floor4 7#b7 ,form of the point of order ,a point of order under paragraph 7#a7 may be raised by a ,senator as provided in section #cac7;e74 7#c7 ,conference reports ,when the ,senate is considering a conference report on1 or an amendment between the ,houses in relation to1 a bill or joint resolution1 upon a point of order being made by any ,senator pursuant to paragraph 7#a71 and such point of order being sustained1 such material contained in such conference report or ,house amendment shall be stricken1 and the ,senate shall proceed to consider the question of whether the ,senate shall recede from its amendment and concur with a further amendment1 or concur in the ,house amendment with a further amendment1 as the case may be1 which further amendment shall consist of only that portion of the conference report or ,house amendment1 as the case may be1 not so stricken4 ,any such motion in the ,senate shall be debatable4 ,in any case in which such point of order is sustained against a conference report 7or ,senate amendment derived from such conference report by operation of this subsection71 no further amendment shall be in order4 7#d7 ,supermajority waiver and appeal ,in the ,senate1 this subsection may be waived or suspended only by an affirmative vote of three-fifths of the ,members1 duly chosen and sworn4 ,an affirmative vote of three-fifths of the ,members of the ,senate1 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 subsection4 7#e7 ,determination ,for purposes of this subsection1 budgetary levels shall be determined on the basis of estimates provided by the ,chairman of the ,committee on the ,budget of the ,senate4 7c7 ,point of order in the ,house of ,representatives 7#a7 ,in general ,a provision in a bill or joint resolution making appropriations for a fiscal year that proposes a ,,chimp that1 if enacted1 would cause the amount available for obligation during the fiscal year from the ,crime ,victims ,fund to be less than the #c-year average amount shall not be in order in the ,house of ,representatives4 7#b7 ,amendments and conference reports ,it shall not be in order in the ,house of ,representatives to consider an amendment to1 or a conference report on1 a bill or joint resolution making appropriations for a fiscal year if such amendment thereto or conference report thereon proposes a ,,chimp that1 if enacted1 would cause the amount available for obligation during the fiscal year from the ,crime ,victims ,fund to be less than the #c-year average amount4 7#c7 ,determination ,for purposes of this subsection1 budgetary levels shall be determined on the basis of estimates provided by the ,chairman of the ,committee on the ,budget of the ,house of ,representatives4 4 7c7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,congressional ,budget ,act of #aigd is amended by inserting after the item relating to section #dbh the following3 ,part ,c--,additional limitations on budgetary and appropriations legislation,sec4 #dda4 ,point of order against changes in mandatory programs affecting the ,crime ,victims ,fund4 4