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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 112. VICTIM COMPENSATION AND ASSISTANCE |
§ 10601. Crime Victims Fund
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(a) Establishment There is created in the Treasury a separate account to be known as the Crime Victims Fund (hereinafter in this chapter referred to as the “Fund”).
(b) Fines deposited in Fund; penalties; forfeited appearance bonds Except as limited by subsection (c) of this section, there shall be deposited in the Fund— (1) all fines that are collected from persons convicted of offenses against the United States except— (A) fines available for use by the Secretary of the Treasury pursuant to— (i) section 11(d) of the Endangered Species Act (16 U.S.C. 1540(d)); and (ii) section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)); and (B) fines to be paid into— (i) the railroad unemployment insurance account pursuant to the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.); (ii) the Postal Service Fund pursuant to sections 2601(a)(2) and 2003 of title 39 and for the purposes set forth in section 404(a)(7) of title 39; (iii) the navigable waters revolving fund pursuant to section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); and (iv) county public school funds pursuant to section 3613 of title 18; (2) penalty assessments collected under section 3013 of title 18; of title 25.
References In Text
The Railroad Unemployment Insurance Act, referred to in subsec. (b)(1)(B)(i), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is classified principally to chapter 11 (§ 351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 367 of Title 45 and Tables.
Section 3613 of title 18, referred to in subsec. (b)(1)(B)(iv), was repealed effective on the first day of the first calendar month beginning 36 months after
Section 3671(c)(2) of title 18, referred to in subsec. (b)(4), was renumbered section 3681(c)(2) by Pub. L. 99–646, § 41(a),
Section 619 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, referred to in subsec. (d)(5)(C), is section 1(a)(2) [title VI, § 619] of Pub. L. 106–553, which was formerly set out as a note below.
The Uniform Code of Military Justice, referred to in subsec. (f)(1), is classified generally to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces.
Section 450b of title 25, referred to in subsec. (g)(3), has been amended, and subsec. (b) of section 450b no longer defines the term “Indian tribe”. However, such term is defined elsewhere in that section.
Amendments
2006—Subsec. (b)(1)(B)(ii). Pub. L. 109–435 substituted “404(a)(7)” for “404(a)(8)”.
Subsec. (b)(5). Pub. L. 109–162, § 1132(1), struck out period at end and inserted “, which the Director is hereby authorized to accept for deposit into the Fund, except that the Director is not hereby authorized to accept any such gift, bequest, or donation that—” and subpars. (A) and (B).
Subsec. (d)(5)(A). Pub. L. 109–162, § 1132(2), substituted “obligated” for “expended”.
Subsec. (g)(1). Pub. L. 109–162, § 1132(3)(A), struck out “, acting through the Director,” after “Attorney General”.
Subsec. (g)(2), (3). Pub. L. 109–162, § 1132(3)(B), (C), added par. (2) and redesignated former par. (2) as (3).
2001—Subsec. (b)(5). Pub. L. 107–56, § 621(a), added par. (5).
Subsec. (c). Pub. L. 107–77, § 111(b), amended heading and text of subsec. (c) to read as it did the day before enactment of amendment by Pub. L. 107–56. Text, as amended generally by Pub. L. 107–56, read as follows:
“(1) Subject to the availability of money in the Fund, in each fiscal year, beginning with fiscal year 2003, the Director shall distribute not less than 90 percent nor more than 110 percent of the amount distributed from the Fund in the previous fiscal year, except the Director may distribute up to 120 percent of the amount distributed in the previous fiscal year in any fiscal year that the total amount available in the Fund is more than 2 times the amount distributed in the previous fiscal year.
“(2) In each fiscal year, the Director shall distribute amounts from the Fund in accordance with subsection (d) of this section. All sums not distributed during a fiscal year shall remain in reserve in the Fund to be distributed during a subsequent fiscal year. Notwithstanding any other provision of law, all sums deposited in the Fund that are not distributed shall remain in reserve in the Fund for obligation in future fiscal years, without fiscal year limitation.”
Pub. L. 107–56, § 621(b), amended heading and text of subsec. (c) generally.
Subsec. (d)(3). Pub. L. 107–77, § 111(a), inserted before period at end “, and for a Victim Notification System”.
Subsec. (d)(4). Pub. L. 107–56, § 621(c), substituted “to be distributed from” for “deposited in” in introductory provisions, “47.5 percent” for “48.5 percent” in subpars. (A) and (B), and “5 percent” for “3 percent” in subpar. (C).
Subsec. (d)(5). Pub. L. 107–56, § 621(d), amended par. (5) generally. Prior to amendment, par. (5) read as follows:
“(5)(A) If the sums available in the Fund are sufficient to fully provide grants to the States pursuant to section 10602(a)(1) of this title, the Director may retain any portion of the Fund that was deposited during a fiscal year that was in excess of 110 percent of the total amount deposited in the Fund during the preceding fiscal year as an emergency reserve. Such reserve shall not exceed $100,000,000.
“(B) The emergency reserve referred to in subparagraph (A) may be used for supplemental grants under section 10603b of this title, to provide compensation to victims of international terrorism under the program under section 10603c of this title, and to supplement the funds available to provide grants to States for compensation and assistance in accordance with sections 10602 and 10603 of this title in years in which supplemental grants are needed.”
2000—Subsec. (c). Pub. L. 106–386, § 2003(d), which directed insertion of “Notwithstanding subsection (d)(5) of this section, all sums deposited in the Fund in any fiscal year that are not made available for obligation by Congress in the subsequent fiscal year shall remain in the Fund for obligation in future fiscal years, without fiscal year limitation.” at the end of section 1402(c) of the Victims of Crime Act 1984, was executed by making the insertion at the end of subsec. (c) of this section, which is section 1402 of the Victims of Crime Act of 1984, to reflect the probable intent of Congress.
Subsec. (d)(2). Pub. L. 106–177 designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B), the first $10,000,000” for “The first $10,000,000”, and added subpar. (B).
Subsec. (d)(3). Pub. L. 106–553, as renumbered by Pub. L. 106–554, inserted “and the Federal Bureau of Investigation” after “United States Attorneys Offices”.
Subsec. (d)(5)(A). Pub. L. 106–386, § 2003(b)(1), substituted “$100,000,000” for “$50,000,000”.
Subsec. (d)(5)(B). Pub. L. 106–386, § 2003(c)(2), inserted “, to provide compensation to victims of international terrorism under the program under section 10603c of this title,” after “section 10603b of this title”.
Subsec. (e). Pub. L. 106–386, § 2003(b)(2), substituted “shall be available for deposit into the emergency reserve fund referred to in subsection (d)(5) of this section at the discretion of the Director. Any remaining unobligated sums” for “in excess of $500,000 shall be returned to the Treasury. Any remaining unobligated sums in an amount less than $500,000”.
1999—Subsec. (d)(3) to (5). Pub. L. 106–113 added par. (3), redesignated former pars. (3) and (4) as (4) and (5), respectively, and struck out former par. (5) which read as follows: “The Director may set aside up to $500,000 of the reserve fund described in paragraph (4) to make supplemental grants to United States Attorneys Offices to provide necessary assistance to victims of the bombing of the Alfred P. Murrah Federal Building in Oklahoma City, to facilitate observation of and/or participation by such victims in trial proceedings arising therefrom, including, without limitation, provision of lodging and travel assistance, and to pay such other, related expenses determined to be necessary by the Director.”
1997—Subsec. (d)(1). Pub. L. 105–119, § 109(a)(1), struck out par. (1) which read as follows: “The first $6,200,000 deposited in the Fund in each of the fiscal years 1992 through 1995 and the first $3,000,000 in each fiscal year thereafter shall be available to the judicial branch for administrative costs to carry out the functions of the judicial branch under sections 3611 and 3612 of title 18.”
Subsec. (d)(2). Pub. L. 105–119, § 109(a)(2), substituted “The first” for “the next”.
1996—Subsec. (c). Pub. L. 104–132, § 232(c)(1)(A), substituted “under this chapter” for “under this subsection”.
Subsec. (d)(3)(B). Pub. L. 104–132, § 236, substituted “section 10603(a) of this title” for “section 10603a of this title”.
Subsec. (d)(4). Pub. L. 104–132, § 232(b), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The Director may retain any portion of the Fund that was deposited during a fiscal year that is in excess of 110 percent of the total amount deposited in the Fund during the preceding fiscal year as a reserve for use in a year in which the Fund falls below the amount available in the previous year. Such reserve may not exceed $20,000,000.”
Subsec. (d)(5). Pub. L. 104–208 added par. (5).
Subsec. (e). Pub. L. 104–208 substituted “3 succeeding fiscal years” for “2 succeeding fiscal years”.
Pub. L. 104–132, § 232(c)(1)(B), reenacted heading without change and amended text generally. Prior to amendment, text read as follows:
“(1) Except as provided in paragraph (2), any sums awarded as part of a grant under this chapter that remain unspent at the end of a fiscal year in which such grant is made may be expended for the purpose for which such grant is made at any time during the next succeeding fiscal year, at the end of which year any remaining unobligated sums shall be returned to the general fund of the Treasury.
“(2) For the purposes of the application of paragraph (1) to any grant under this chapter with respect to fiscal year 1985, there shall be substituted in such paragraph ‘two succeeding fiscal years’ for ‘succeeding fiscal year’ and ‘which period’ for ‘which year’.”
1994—Subsec. (d)(2). Pub. L. 103–322, § 230201(a)(1), added par. (2) and struck out former par. (2) which read as follows: “Of the next $100,000,000 deposited in the Fund in a particular fiscal year—
“(A) 49.5 percent shall be available for grants under section 10602 of this title;
“(B) 45 percent shall be available for grants under section 10603(a) of this title;
“(C) 1 percent shall be available for grants under section 10603(c) of this title; and
“(D) 4.5 percent shall be available for grants as provided in section 10603a of this title.”
Subsec. (d)(3). Pub. L. 103–322, § 330025(a), which directed amendment of par. (3) by substituting “section 10603a” for “section 10603(a)” was executed to subpar. (B).
Pub. L. 103–322, § 230201(a)(2), added par. (3) and struck out former par. (3) which read as follows: “The next $5,500,000 deposited in the Fund in a particular fiscal year shall be available for grants under section 10603a of this title.”
Subsec. (d)(4). Pub. L. 103–322, § 230201(a)(3), added par. (4) and struck out former par. (4) which read as follows: “The next $4,500,000 deposited in the Fund in a particular fiscal year shall be available for grants under section 10603(a) of this title.”
Subsec. (d)(5). Pub. L. 103–322, § 230201(a)(4), struck out par. (5) which read as follows: “Any deposits in the Fund in a particular fiscal year that remain after the funds are distributed under paragraphs (1) through (4) shall be available as follows:
“(A) 47.5 percent shall be available for grants under section 10602 of this title.
“(B) 47.5 percent shall be available for grants under section 10603(a) of this title.
“(C) 5 percent shall be available for grants under section 10603(c) of this title.”
Subsec. (g)(1). Pub. L. 103–322, § 230201(b), substituted “subsection (d)(2)” for “subsection (d)(2)(D)”.
1993—Subsec. (d)(2)(C), (D). Pub. L. 103–121, § 110(a)(1), added subpars. (C) and (D).
Subsec. (d)(3). Pub. L. 103–121, § 110(a)(2), substituted “section 10603a of this title” for “section 10603(a) of this title”.
Subsec. (g)(1). Pub. L. 103–121, § 110(a)(3), substituted “subsection (d)(2)(D)” for “subsection (d)(2)(A)(iv)”.
1992—Subsec. (c). Pub. L. 102–572, § 1001(1), added subsec. (c) and struck out former subsec. (c) which read as follows:
“(1)(A) If the total deposited in the Fund during a particular fiscal year reaches the ceiling sum described in subparagraph (B), the excess over the ceiling sum shall not be part of the Fund. The first $2,200,000 of such excess shall be available to the judicial branch for administrative costs to carry out the functions of the judicial branch under sections 3611 and 3612 of title 18 and the remaining excess shall be deposited in the general fund of the Treasury.
“(B) The ceiling sum referred to in subparagraph (A) is—
“(i) $125,000,000 through fiscal year 1990; and
“(ii) $150,000,000 thereafter through fiscal year 1994.
“(2) No deposits shall be made in the Fund after
Subsec. (d). Pub. L. 102–572, § 1001(2), added subsec. (d) and struck out former subsec. (d) which read as follows:
“(1) Sums deposited in the Fund shall remain in the Fund and be available for expenditure under this subsection for grants under this chapter without fiscal year limitation.
“(2) The Fund shall be available as follows:
“(A) Of the first $100,000,000 deposited in the Fund in a particular fiscal year—
“(i) 49.5 percent shall be available for grants under section 10602 of this title;
“(ii) 45 percent shall be available for grants under section 10603(a) of this title;
“(iii) 1 percent shall be available for grants under section 10603(c) of this title; and
“(iv) 4.5 percent shall be available for grants as provided in section 10603a of this title.
“(B) The next $5,500,000 deposited in the Fund in a particular fiscal year shall be available for grants as provided in section 10603a of this title.
“(C) Any deposits in the Fund in a particular fiscal year in excess of $105,500,000, but not in excess of $110,000,000, shall be available for grants under section 10603(a) of this title.
“(D) Any deposits in the Fund in a particular fiscal year in excess of $110,000,000 shall be available as follows:
“(i) 47.5 percent shall be available for grants under section 10602 of this title;
“(ii) 47.5 percent shall be available for grants under section 10603(a) of this title; and
“(iii) 5 percent shall be available for grants under section 10603(c)(1)(B) of this title.”
1990—Subsec. (c)(1)(B)(i). Pub. L. 101–647 substituted “1990” for “1991”.
1988—Subsec. (c). Pub. L. 100–690, § 7121(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:
“(1) If the total deposited in the Fund during a particular fiscal year reaches the sum of $110 million, the excess over that sum shall be deposited in the general fund of the Treasury and shall not be a part of the Fund.
“(2) No deposits shall be made in the Fund after
Subsec. (d)(2)(C). Pub. L. 100–690, § 7121(b)(2), inserted “, but not in excess of $110,000,000,” after “$105,500,000”.
Subsec. (d)(2)(D). Pub. L. 100–690, § 7121(b)(1), added subpar. (D).
Subsec. (g). Pub. L. 100–690, § 7124, added subsec. (g).
1986—Subsec. (c)(1). Pub. L. 99–401, § 102(b)(1), substituted “$110 million” for “$100 million”.
Subsec. (d)(2). Pub. L. 99–401, § 102(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Fifty percent of the total deposited in the Fund during a particular fiscal year shall be available for grants under section 10602 of this title and fifty percent shall be available for grants under section 10603 of this title.”
Subsec. (e). Pub. L. 99–646 designated existing provision as par. (1), substituted “Except as provided in paragraph (2), any” for “Any”, and added par. (2).
Effective Date Of Amendment
Amendment by Pub. L. 102–572 effective
Pub. L. 100–690, title VII, § 7129,
Effective Date
Pub. L. 98–473, title II, § 1409,
Short Title Of Amendment
Pub. L. 104–132, title II, § 231,
Pub. L. 101–647, title V, § 501,
Short Title
Pub. L. 98–473, title II, § 1401,
Miscellaneous
Pub. L. 107–56, title VI, § 621(e),
Pub. L. 113–76, div. B, title V, § 510,
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 113–6, div. B, title V, § 510,
Pub. L. 112–55, div. B, title V, § 512,
Pub. L. 111–117, div. B, title V, § 512,
Pub. L. 111–8, div. B, title V, § 512,
Pub. L. 110–161, div. B, title V, § 513,
Pub. L. 109–108, title VI, § 612,
Pub. L. 108–447, div. B, title VI, § 616,
Pub. L. 108–199, div. B, title VI, § 618,
Pub. L. 108–7, div. B, title VI, § 617,
Pub. L. 107–77, title VI, § 619,
Pub. L. 106–553, § 1(a)(2) [title VI, § 619],
Pub. L. 106–113, div. B, § 1000(a)(1) [title VI, § 620],
Pub. L. 106–177, title I, § 104(b),
Pub. L. 105–119, title I, § 109(b),
Pub. L. 100–690, title VII, § 7130,