,,ii #aafth ,,congress #b;d ,session ,s4 #dhgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bf 7legislative day1 ,october #ai71 #bjbj,mr4 ,toomey 7for himself1 ,mr4 ,crapo1 ,mr4 ,lankford1 ,mr4 ,risch1 ,mr4 ,rubio1 ,mr4 ,cotton1 and ,mr4 ,scott of ,south ,carolina7 introduced the following bill2 which was read twice and referred to the ,committee on the ,budget ,a ,,bill ,to curtail the use of changes in mandatory programs affecting the ,crime ,victims ,fund to inflate spending4 #a4 ,short title ,this ,act may be cited as the ,fairness for ,crime ,victims ,act of #bjbj4 #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 accounting for funds collected by the ,crime ,victims ,fund1 but 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 victims of crime2 7#aj7 since fiscal year #bjae1 ,congress has increased disbursals from the ,crime ,victims ,fund to victims of crime1 but a permanent solution is necessary to ensure consistent disbursals to victims of crime who rely on these funds every year2 7#aa7 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#ab7 it is time to restore fairness to crime victims2 and 7#ac7 funds collected by the ,crime ,victims ,fund should be used for services to and compensation of 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 an appropriation ,act2 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#cd ,u4,s4,c4 #bjaja72 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 ,point of order 7,a7 ,in general ,in the ,senate1 it shall not be in order to consider a provision in a bill or joint resolution making appropriations for all or a portion of a fiscal year1 or an amendment thereto1 amendment between the ,houses in relation thereto1 conference report thereon1 or motion thereon1 that contains 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,b7 ,point of order sustained ,if a point of order is made by a ,senator against a provision described in subparagraph 7,a71 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 chose and sworn4 ,an affirmative vote of three-fifths of ,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