[Senate Report 114-87]
[From the U.S. Government Publishing Office]
Calendar No. 158
114th Congress } { Report
SENATE
1st Session } { 114-87
======================================================================
A BILL TO CURTAIL THE USE OF CHANGES IN MANDATORY PROGRAMS AFFECTING
THE CRIME VICTIMS FUND TO INFLATE SPENDING
_______
July 21, 2015.--Ordered to be printed
_______
Mr. Enzi, from the Committee on the Budget, submitted the following
R E P O R T
[To accompany S. 1495]
The Committee on the Budget to which was referred the bill
(S. 1495) to curtail the use of changes in mandatory programs
affecting the Crime Victims Fund to inflate spending having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
I. Purpose..........................................................1
II. Background.......................................................2
III. Legislative History..............................................2
IV. Section-by-Section Analysis......................................2
V. CBO Cost Estimate................................................3
VI. Regulatory Impact Statement......................................3
VII. Public Hearing...................................................3
VIII.Committee Vote...................................................4
IX. Views of Members of the Committee................................5
X. Changes to Existing Law..........................................8
I. Purpose
S. 1495, the Fairness for Crime Victims Act of 2015,
modifies the Congressional Budget Act of 1974 and creates a
point of order, waivable by three-fifths of Senators duly
chosen and sworn, against an appropriations bill, conference
report, or amendment which provide, that the Crime Victims Fund
(CVF) shall disburse less than the average amount it has
collected over the past three completed fiscal years.
II. Background
In 1984, the CVF was established by the Victims of Crime
Act (VOCA, P.L. 98-473) with the premise that money the Federal
Government collects from those who are convicted of committing
crimes should be used to help those who are victimized by
crime. The CVF receives no tax dollars and does not add to the
national debt or deficit. It is financed by criminal fines and
penalties collected by U.S. Attorneys' Offices, U.S. federal
courts, and the Federal Bureau of Prisons, along with gifts,
bequests, and donations from private entities. Under federal
law, monies deposited into the Fund may be used only to assist
crime victims.
The U.S. Department of Justice disburses money from the CVF
pursuant to a formula enacted in the Victims of Crime Act. The
vast majority of funds go to States, which provide victim
compensation grants--money paid directly to victims of crime--
and victim assistance grants, which provide grants to victims
service groups, such as Child Advocacy Centers, rape crisis
centers, and domestic violence shelters.
For the first 15 years, the CVF disbursed what it brought
in the prior year. Beginning in 2000, however, spending was
limited from the CVF to amounts less than what the Fund
collected. The difference has been used as an offset to allow
for higher discretionary spending. Over time, this offset has
grown, reaching $10.8 billion in fiscal year 2015.
III. Legislative History
Senator Pat Toomey (R-PA) introduced S. 1495 on June 3,
2015. The bill was read twice and referred to the Senate
Committee on the Budget. At the time of committee action, the
Fairness for Crime Victims Act is co-sponsored by Senators
Kelly Ayotte (R-NH), Bob Corker (R-TN), Tom Cotton (R-AR), Mike
Crapo (R-ID), Cory Gardner (R-CO), Orrin Hatch (R-UT), Ron
Johnson (R-WI), David Perdue (R-GA), Rob Portman (R-OH), and
Jeff Sessions (R-AL). The Committee held a Field Hearing on
S.1495 on June 8, 2015, in Villanova, Pennsylvania.
IV. Section-by-Section Analysis
Section 1. Short title
This section identifies the short title as the ``Fairness
for Crime Victims Act of 2015.''
Section 2. Point of Order against certain changes in mandatory programs
affecting the Crime Victims Fund
This section provides twelve Findings and amends Title IV
of the Congressional Budget Act of 1974 (2 U.S.C. 651 et seq.)
to establish a point of order against an appropriations bill,
conference report, or amendment providing that the Crime
Victims Fund shall disburse less than the average amount
collected by the Fund over the past three fiscal years. If the
point of order is sustained by the Chair, that provision, and
only that provision, shall be stricken from the measure and may
not be offered as an amendment from the floor.
A Senator may move to waive the point of order and, if
three-fifths of Senators duly chosen and sworn agree, the point
of order is waived. In the Senate, determinations of budgetary
levels shall be provided by the Chairman of the Senate Budget
Committee.
The bill also prohibits consideration in the House of
Representatives of any legislation, amendment, or conference
report which provides that the Crime Victims Fund shall
disburse less than the average amount collected by the Fund
over the past three fiscal years. In the House, determinations
of budgetary levels shall be provided by the Chairman of the
House Budget Committee.
V. CBO Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 19, 2015.
Hon. Mike Enzi,
Chairman, Committee on the Budget,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: As you requested, the Congressional
Budget Office (CBO) has prepared a cost estimate for S. 1495,
the Fairness for Crime Victims Act of 2015, as introduced on
June 3, 2015.
S. 1495 would amend the Congressional Budget Act to
establish a point of order, which a Member of Congress may
raise, against certain legislation that would limit the
obligation of funds from the Crime Victims Fund in the
Department of Justice.
CBO estimates that enacting S. 1495 would, by itself, have
no effect on federal spending. The bill could affect certain
legislative proposals relating to the Crime Victims Fund, but
we have no basis for predicting the future actions of the
Congress under current law or under the provisions of S. 1495.
Enacting the bill would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
S. 1495 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
Sincerely,
Keith Hall,
Director.
VI. Regulatory Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires committee reports to evaluate the legislation's
regulatory, paperwork, and privacy impact on individuals,
businesses, and consumers.
The Congressional Budget Office (CBO) estimates that S.
1495 contains no intergovernmental or private sector mandates
as defined in the Unfunded Mandates Reform Act and would not
affect the budgets of State, local, or tribal governments.
VII. Public Hearing
A Field Hearing was called to order by Senator Toomey at 10
a.m. on June 8, 2015, at Villanova University School of Law in
Villanova, Pennsylvania, to consider ``Perspectives on Budget
Process Reform: S. 1495--Fairness for Crime Victims Act of
2015.'' At the invitation of Senator Toomey, the following
witnesses provided testimony: the Honorable Jack Whelan,
District Attorney for Delaware County, PA; Ms. Abbie Newman,
Executive Director & CEO for Mission Kids Child Advocacy Center
of Montgomery County, PA; Ms. Diane Moyer, Legal Director for
the Pennsylvania Coalition Against Rape; and Ms. Peg Dierkers,
Executive Director for the Pennsylvania Coalition Against
Domestic Violence.
VIII. Committee Vote
On June 24, 2015, with a quorum present, the Chairman of
the Senate Budget Committee held a Markup to order for
consideration of S. 1495, the Fairness for Crime Victims Act of
2015, as introduced on June 3, 2015. The committee, by voice
vote, ordered S. 1495 to be reported favorably without
amendment.
IX. Views of Members of the Committee
ADDITIONAL VIEWS FROM SENATOR MIKE CRAPO
I appreciate the opportunity to work with Senator Toomey
and others on this important issue.
This is an issue I have been working on since I first
offered an amendment in this committee to the Fiscal Year 2010
budget resolution to establish a point of order against efforts
to use CHIMPs to spend money out of the Crime Victims Fund for
other purposes.
My amendment received unanimous support in this committee,
but unfortunately was dropped in conference.
Then, we had several years where this committee did not
mark up a budget resolution.
But, when we did again for Fiscal Year 2014, I again
offered my amendment, which once more received unanimous
support in this committee.
That year, my amendment did not go any further because the
Senate leadership at the time failed to proceed with passing a
budget through the full Senate and on to conference.
Earlier this year, however, this committee, under Chairman
Enzi's leadership, did produce a strong balanced budget
resolution, which was ultimately conferenced with the House.
My amendment was again offered and again supported
unanimously in this committee.
And, as a conferee, I was pleased that my amendment took
another step forward, as a modified version, providing
additional protections to the Crime Victims Fund for FY 2016,
was included in the final conference report.
I am a proud co-sponsor of the legislation from Senator
Toomey, which will take another important step forward in this
effort to protect victims of crime.
This bill, for the first time, will provide statutory
protections to ensure that crime victims get the assistance
funding they deserve and are entitled to under the law.
Further, this bill will protect against efforts to continue
to increase the amount of funds in the CVF that are diverted
for other spending purposes.
As I have noted many times, these funds are not taxpayer
dollars that can be spent at the discretion of Congress.
These are fines, forfeitures and penalties from criminals
that have been directed by law to a special fund set aside
specifically to fund programs to assist victims of crime.
There is no statutory authority for the government to use a
dime of these funds for any other purpose.
I again thank Senator Toomey for this legislation, which
will build on the progress we have already made, and I pledge
to continue my efforts to work with him, and many others on
this committee and throughout the Senate to complete our
efforts to protect every dime in the fund so that these funds
are only used to assist and protect victims of crime.
Mike Crapo.
ADDITIONAL VIEWS FROM SENATOR CHUCK GRASSLEY
The committee will consider S. 1495, the Fairness for
Victims of Crime Act. I support this measure, which would
establish a budgetary point of order against certain changes in
mandatory programs that affect the Crime Victims Fund.
I have long advocated victims' rights, and I was an
original co-sponsor of the 1984 Victims of Crime Act, which
created the Crime Victims Fund. This fund is premised on the
notion that fines and penalties collected from criminal
offenders should be used to help those who have been victimized
by crime. The money in the fund derives entirely from fines and
restitution paid by federal criminals, not from taxpayers.
According to the U.S. Department of Justice, the money in
the Crime Victims Fund helps thousands of local public and
nonprofit organizations provide medical care, mental health
counseling, lost wages, courtroom advocacy, temporary housing,
increased awareness of victims' rights, and much more.
The Victims of Crime Act passed Congress with significant
bipartisan support in 1984, and three decades after President
Reagan signed it into law, I'm pleased to see that the Act is
still working as intended. But its efficiency has been weakened
in recent years, after congressional appropriators imposed an
arbitrary cap on money flowing out of the fund. Since this step
was taken, billions of dollars have been withheld from
survivors of violent crime.
I support Senator Toomey's efforts to remove this cap and
restore the original intent of the Victims of Crime Act. Every
last penny brought into the Victims of Crime Act fund is
supposed to help victims rather than serve as a fund for other
projects supported by appropriators. It's important that we
ensure that victims of crime and their families are not
forgotten and that they receive the compensation they are
rightly owed.
Chuck Grassley.
X. Changes to Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
CONGRESSIONAL BUDGET ACT OF 1974
[2 U.S.C. 651 et seq.]
TITLE IV--ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES
* * * * * * *
PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS
LEGISLATION
SEC. 441. POINT OF ORDER AGAINST 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 appropriation Acts; 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 (42 U.S.C. 10601); 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) In general.--When the Senate is considering a
bill or joint resolution making appropriations for a
fiscal year, or an amendment thereto, amendment between
the Houses in relation thereto, conference report
thereon, or motion thereon, if a point of order is made
by a Senator against a provision containing 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,
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).
(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
chosen 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 appropriations for a fiscal year that
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 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 appropriations for a fiscal
year 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.''
* * * * * * *
[all]