Establishment
There is created in the Treasury a separate account to be known as the Crime Victims Fund (hereinafter in this subchapter referred to as the “Fund”).
Fines deposited in Fund; penalties; forfeited appearance bonds
Retention of sums in Fund; availability for expenditure without fiscal year limitation
Sums deposited in the Fund shall remain in the Fund and be available for expenditure under this subchapter for grants under this subchapter without fiscal year limitation. Notwithstanding subsection (d)(5), 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.
Availability for judicial branch administrative costs; grant program percentages
Amounts awarded and unspent
Any amount awarded as part of a grant under this subchapter that remains unspent at the end of a fiscal year in which the grant is made may be expended for the purpose for which the grant is made at any time during the 3 succeeding fiscal years, at the end of which period, any remaining unobligated sums shall be available for deposit into the emergency reserve fund referred to in subsection (d)(5) at the discretion of the Director, except that renewals and extensions beyond that period may be granted at the discretion of the Attorney General. Any remaining unobligated sums shall be returned to the Fund.
“Offenses against the United States” as excluding
Grants for Indian tribes; child abuse cases
Pub. L. 98–473, title II, § 140298 Stat. 2170Pub. L. 99–401, title I, § 102(b)(1)100 Stat. 904Pub. L. 99–646, § 82100 Stat. 3619Pub. L. 100–690, title VII102 Stat. 4419Pub. L. 101–647, title V, § 504104 Stat. 4822Pub. L. 102–572, title X, § 1001106 Stat. 4520Pub. L. 103–121, title I, § 110(a)107 Stat. 1164Pub. L. 103–322, title XXIII, § 230201108 Stat. 2079Pub. L. 104–132, title II110 Stat. 1243Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 112]110 Stat. 3009Pub. L. 105–119, title I, § 109(a)111 Stat. 2457Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 119]113 Stat. 1535Pub. L. 106–177, title I, § 104(a)114 Stat. 36Pub. L. 106–386, div. C, § 2003(b)114 Stat. 1544Pub. L. 106–553, § 1(a)(2) [title I, § 113, formerly § 114]114 Stat. 2762Pub. L. 106–554, § 1(a)(4) [div. A, § 213(a)(2)]114 Stat. 2763Pub. L. 107–56, title VI, § 621(a)115 Stat. 370Pub. L. 107–77, title I, § 111115 Stat. 765Pub. L. 109–162, title XI, § 1132119 Stat. 3107Pub. L. 109–435, title I, § 102(b)120 Stat. 3200Pub. L. 113–163, § 3128 Stat. 1866Pub. L. 114–22, title I, § 113(b)129 Stat. 241Pub. L. 114–236, § 2(c)130 Stat. 967Pub. L. 115–299, § 5(b)132 Stat. 4387Pub. L. 117–27, § 2(a)135 Stat. 301(, , ; , (2), , ; , , ; , §§ 7121, 7124, , , 4422; , , ; , , ; , , ; , title XXXIII, § 330025(a), , , 2151; , §§ 232(b), (c)(1), 236, , , 1244, 1247; , , , 3009–21; , , ; , , , 1501A–22; , , ; , (c)(2), (d), , , 1546; , , , 2762A–68, renumbered , , , 2763A–179; –(d), , , 371; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
act June 25, 1938, ch. 68052 Stat. 1094section 367 of Title 45The Railroad Unemployment Insurance Act, referred to in subsec. (b)(1)(B)(i), is , , which is classified principally to chapter 11 (§ 351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see and Tables.
Section 3613 of title 18Pub. L. 98–473, title II98 Stat. 1987, referred to in subsec. (b)(1)(B)(iv), was repealed effective on the first day of the first calendar month beginning 36 months after (), by , §§ 212(a)(2), 235(a)(1), , , 2031, as amended.
Section 3671(c)(2) of title 18Pub. L. 99–646, § 41(a)100 Stat. 3600, referred to in subsec. (b)(4), was renumbered section 3681(c)(2) by , , .
Pub. L. 106–553Section 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 , 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 5304 of title 25, referred to in subsec. (g)(3), has been amended, and subsec. (b) of section 5304 no longer defines the term “Indian tribe”. However, such term is defined elsewhere in that section.
Codification
section 10601 of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Amendments
Pub. L. 117–27, § 2(a)(1)2021—Subsec. (b)(6). , added par. (6).
Pub. L. 117–27, § 2(a)(2)Subsec. (e). , substituted “Director, except that renewals and extensions beyond that period may be granted at the discretion of the Attorney General” for “Director”.
Pub. L. 115–2992018—Subsec. (d)(6). added par. (6).
Pub. L. 114–2362016—Subsec. (d)(3)(A)(i). inserted “or section 3772, as it relates to direct services,” after “section 3771”.
Pub. L. 114–222015—Subsec. (d)(3)(A)(i). inserted “section” before “3771”.
Pub. L. 113–1632014—Subsec. (d)(3). designated existing provisions as subpar. (A), substituted “available only for—” for “available for the United States Attorneys Offices and the Federal Bureau of Investigation to improve services for the benefit of crime victims in the Federal criminal justice system, and for a Victim Notification System.”, added cls. (i) and (ii) of subpar. (A), and added subpar. (B).
Pub. L. 109–4352006—Subsec. (b)(1)(B)(ii). substituted “404(a)(7)” for “404(a)(8)”.
Pub. L. 109–162, § 1132(1)Subsec. (b)(5). , 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).
Pub. L. 109–162, § 1132(2)Subsec. (d)(5)(A). , substituted “obligated” for “expended”.
Pub. L. 109–162, § 1132(3)(A)Subsec. (g)(1). , struck out “, acting through the Director,” after “Attorney General”.
Pub. L. 109–162, § 1132(3)(B)Subsec. (g)(2), (3). , (C), added par. (2) and redesignated former par. (2) as (3).
Pub. L. 107–56, § 621(a)2001—Subsec. (b)(5). , added par. (5).
Pub. L. 107–77, § 111(b)Pub. L. 107–56Pub. L. 107–56Subsec. (c). , amended heading and text of subsec. (c) to read as it did the day before enactment of amendment by . Text, as amended generally by , 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.
Pub. L. 107–77, § 111(a)Subsec. (d)(3). , inserted before period at end “, and for a Victim Notification System”.
Pub. L. 107–56, § 621(c)Subsec. (d)(4). , 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).
Pub. L. 107–56, § 621(d)Subsec. (d)(5). , amended par. (5) generally. Prior to amendment, par. (5) read as follows:
section 10602(a)(1) of this title“(5)(A) If the sums available in the Fund are sufficient to fully provide grants to the States pursuant to , 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.
section 10603b of this titlesection 10603c of this title“(B) The emergency reserve referred to in subparagraph (A) may be used for supplemental grants under , to provide compensation to victims of international terrorism under the program under , 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.”
Pub. L. 106–386, § 2003(d)2000—Subsec. (c). , which directed insertion of “Notwithstanding subsection (d)(5), 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.
Pub. L. 106–177Subsec. (d)(2). 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).
Pub. L. 106–553Pub. L. 106–554Subsec. (d)(3). , as renumbered by , inserted “and the Federal Bureau of Investigation” after “United States Attorneys Offices”.
Pub. L. 106–386, § 2003(b)(1)Subsec. (d)(5)(A). , substituted “$100,000,000” for “$50,000,000”.
Pub. L. 106–386, § 2003(c)(2)section 10603c of this titlesection 10603b of this titleSubsec. (d)(5)(B). , inserted “, to provide compensation to victims of international terrorism under the program under ,” after “”.
Pub. L. 106–386, § 2003(b)(2)Subsec. (e). , substituted “shall be available for deposit into the emergency reserve fund referred to in subsection (d)(5) 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”.
Pub. L. 106–1131999—Subsec. (d)(3) to (5). 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.”
Pub. L. 105–119, § 109(a)(1)1997—Subsec. (d)(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.”
Pub. L. 105–119, § 109(a)(2)Subsec. (d)(2). , substituted “The first” for “the next”.
Pub. L. 104–132, § 232(c)(1)(A)1996—Subsec. (c). , substituted “under this chapter” for “under this subsection”.
Pub. L. 104–132, § 236section 10603(a) of this titlesection 10603a of this titleSubsec. (d)(3)(B). , substituted “” for “”.
Pub. L. 104–132, § 232(b)Subsec. (d)(4). , 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.”
Pub. L. 104–208Subsec. (d)(5). added par. (5).
Pub. L. 104–208Subsec. (e). 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’.”
Pub. L. 103–322, § 230201(a)(1)1994—Subsec. (d)(2). , 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—
section 10602 of this title“(A) 49.5 percent shall be available for grants under ;
section 10603(a) of this title“(B) 45 percent shall be available for grants under ;
section 10603(c) of this title“(C) 1 percent shall be available for grants under ; and
section 10603a of this title“(D) 4.5 percent shall be available for grants as provided in .”
Pub. L. 103–322, § 330025(a)Subsec. (d)(3). , 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)section 10603a of this title, 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 .”
Pub. L. 103–322, § 230201(a)(3)section 10603(a) of this titleSubsec. (d)(4). , 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 .”
Pub. L. 103–322, § 230201(a)(4)Subsec. (d)(5). , 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:
section 10602 of this title“(A) 47.5 percent shall be available for grants under .
section 10603(a) of this title“(B) 47.5 percent shall be available for grants under .
section 10603(c) of this title“(C) 5 percent shall be available for grants under .”
Pub. L. 103–322, § 230201(b)Subsec. (g)(1). , substituted “subsection (d)(2)” for “subsection (d)(2)(D)”.
Pub. L. 103–121, § 110(a)(1)1993—Subsec. (d)(2)(C), (D). , added subpars. (C) and (D).
Pub. L. 103–121, § 110(a)(2)section 10603a of this titlesection 10603(a) of this titleSubsec. (d)(3). , substituted “” for “”.
Pub. L. 103–121, § 110(a)(3)Subsec. (g)(1). , substituted “subsection (d)(2)(D)” for “subsection (d)(2)(A)(iv)”.
Pub. L. 102–572, § 1001(1)1992—Subsec. (c). , 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 .”
Pub. L. 102–572, § 1001(2)Subsec. (d). , 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—
section 10602 of this title“(i) 49.5 percent shall be available for grants under ;
section 10603(a) of this title“(ii) 45 percent shall be available for grants under ;
section 10603(c) of this title“(iii) 1 percent shall be available for grants under ; and
section 10603a of this title“(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 10603(a) 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 .
“(D) Any deposits in the Fund in a particular fiscal year in excess of $110,000,000 shall be available as follows:
section 10602 of this title“(i) 47.5 percent shall be available for grants under ;
section 10603(a) of this title“(ii) 47.5 percent shall be available for grants under ; and
section 10603(c)(1)(B) of this title“(iii) 5 percent shall be available for grants under .”
Pub. L. 101–6471990—Subsec. (c)(1)(B)(i). substituted “1990” for “1991”.
Pub. L. 100–690, § 7121(a)1988—Subsec. (c). , 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 .”
Pub. L. 100–690, § 7121(b)(2)Subsec. (d)(2)(C). , inserted “, but not in excess of $110,000,000,” after “$105,500,000”.
Pub. L. 100–690, § 7121(b)(1)Subsec. (d)(2)(D). , added subpar. (D).
Pub. L. 100–690, § 7124Subsec. (g). , added subsec. (g).
Pub. L. 99–401, § 102(b)(1)1986—Subsec. (c)(1). , substituted “$110 million” for “$100 million”.
Pub. L. 99–401, § 102(b)(2)section 10602 of this titlesection 10603 of this titleSubsec. (d)(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 and fifty percent shall be available for grants under .”
Pub. L. 99–646Subsec. (e). designated existing provision as par. (1), substituted “Except as provided in paragraph (2), any” for “Any”, and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Pub. L. 102–572section 1101 of Pub. L. 102–572section 905 of Title 2Amendment by effective , see , set out as a note under , The Congress.
Effective Date of 1988 Amendment
Pub. L. 100–690, title VII, § 7129102 Stat. 4423Pub. L. 101–647, title V, § 505104 Stat. 4822
Effective Date
Pub. L. 98–473, title II, § 140998 Stat. 2178
Report
Pub. L. 117–347, title III, § 322136 Stat. 6206
In General .—
Contents .—
section 322 of Pub. L. 117–347section 30107(a) of this titlesection 3 of Pub. L. 117–347section 20145 of this title[For definition of “cybercrime against individuals” as used in , set out above, see , as made applicable by , which is set out as a note under .]
Victims of
Pub. L. 107–56, title VI, § 621(e)115 Stat. 371
Limitation on Amounts Available for Obligation
Pub. L. 118–42, div. C, title V, § 510138 Stat. 168
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 117–328, div. B, title V, § 510136 Stat. 4556, , .
Pub. L. 117–103, div. B, title V, § 510136 Stat. 145, , .
Pub. L. 116–260, div. B, title V, § 510134 Stat. 1277, , .
Pub. L. 116–93, div. B, title V, § 510133 Stat. 2426, , .
Pub. L. 116–6, div. C, title V, § 510133 Stat. 130, , .
Pub. L. 115–141, div. B, title V, § 510132 Stat. 437, , .
Pub. L. 115–31, div. B, title III, § 510131 Stat. 221, , .
Pub. L. 114–113, div. B, title V, § 510129 Stat. 2324, , .
Pub. L. 113–235, div. B, title V, § 510128 Stat. 2210, , .
Pub. L. 113–76, div. B, title V, § 510128 Stat. 79, , .
Pub. L. 113–6, div. B, title V, § 510127 Stat. 271, , .
Pub. L. 112–55, div. B, title V, § 512125 Stat. 632, , .
Pub. L. 111–117, div. B, title V, § 512123 Stat. 3151, , .
Pub. L. 111–8, div. B, title V, § 512123 Stat. 596, , .
Pub. L. 110–161, div. B, title V, § 513121 Stat. 1926, , .
Pub. L. 109–108, title VI, § 612119 Stat. 2336, , .
Pub. L. 108–447, div. B, title VI, § 616118 Stat. 2915, , .
Pub. L. 108–199, div. B, title VI, § 618118 Stat. 95, , .
Pub. L. 108–7, div. B, title VI, § 617117 Stat. 102, , .
Pub. L. 107–77, title VI, § 619115 Stat. 802, , .
Pub. L. 106–553, § 1(a)(2) [title VI, § 619]114 Stat. 2762, , , 2762A–107.
Pub. L. 106–113, div. B, § 1000(a)(1) [title VI, § 620]113 Stat. 1535, , , 1501A–55.
Interaction With Any Cap
Pub. L. 106–177, title I, § 104(b)114 Stat. 36
Transfer of Certain Unobligated Funds
Pub. L. 105–119, title I, § 109(b)111 Stat. 2457
Retroactive Transfer to Fund
Pub. L. 100–690, title VII, § 7130102 Stat. 4423