42 U.S.C. § 10601 : US Code - Section 10601: Crime Victims Fund

Search 42 U.S.C. § 10601 : US Code - Section 10601: Crime Victims Fund

(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)(8) 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; (!1)
(3) the proceeds of forfeited appearance bonds, bail bonds, and
collateral collected under section 3146 of title 18;
(4) any money ordered to be paid into the Fund under section
3671(c)(2) of title 18; and
(5) any gifts, bequests, or donations to the Fund from private
entities or individuals, 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 -
(A) attaches conditions inconsistent with applicable laws or
regulations; or
(B) is conditioned upon or would require the expenditure of
appropriated funds that are not available to the Office for
Victims of Crime.
(c) 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 chapter for grants under this
chapter without fiscal year limitation. 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.
(d) Availability for judicial branch administrative costs; grant
program percentages
The Fund shall be available as follows:
(1) Repealed. Pub. L. 105-119, title I, Sec. 109(a)(1), Nov.
26, 1997, 111 Stat. 2457.
(2)(A) Except as provided in subparagraph (B), the first
$10,000,000 deposited in the Fund shall be available for grants
under section 10603a of this title.
(B)(i) For any fiscal year for which the amount deposited in
the Fund is greater than the amount deposited in the Fund for
fiscal year 1998, the $10,000,000 referred to in subparagraph (A)
plus an amount equal to 50 percent of the increase in the amount
from fiscal year 1998 shall be available for grants under section
10603a of this title.
(ii) Amounts available under this subparagraph for any fiscal
year shall not exceed $20,000,000.
(3) Of the sums remaining in the Fund in any particular fiscal
year after compliance with paragraph (2), such sums as may be
necessary shall be 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.
(4) Of the remaining amount to be distributed from the Fund in
a particular fiscal year -
(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; and
(C) 5 percent shall be available for grants under section
10603(c) of this title.
(5)(A) In addition to the amounts distributed under paragraphs
(2), (3), and (4), the Director may set aside up to $50,000,000
from the amounts transferred to the Fund in response to the
airplane hijackings and terrorist acts that occurred on September
11, 2001, as an antiterrorism emergency reserve. The Director may
replenish any amounts obligated from such reserve in subsequent
fiscal years by setting aside up to 5 percent of the amounts
remaining in the Fund in any fiscal year after distributing
amounts under paragraphs (2), (3) and (4). Such reserve shall not
exceed $50,000,000.
(B) The antiterrorism emergency reserve referred to in
subparagraph (A) may be used for supplemental grants under
section 10603b of this title and to provide compensation to
victims of international terrorism under section 10603c of this
title.
(C) Amounts in the antiterrorism emergency reserve established
pursuant to subparagraph (A) may be carried over from fiscal year
to fiscal year. Notwithstanding subsection (c) of this section
and section 619 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act,
2001 (and any similar limitation on Fund obligations in any
future Act, unless the same should expressly refer to this
section), any such amounts carried over shall not be subject to
any limitation on obligations from amounts deposited to or
available in the Fund.
(e) Amounts awarded and unspent
Any amount awarded as part of a grant under this chapter 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) of this section at the discretion of the Director. Any
remaining unobligated sums shall be returned to the Fund.
(f) "Offenses against the United States" as excluding
As used in this section, the term "offenses against the United
States" does not include -
(1) a criminal violation of the Uniform Code of Military
Justice (10 U.S.C. 801 et seq.);
(2) an offense against the laws of the District of Columbia;
and
(3) an offense triable by an Indian tribal court or Court of
Indian Offenses.
(g) Grants for Indian tribes; child abuse cases
(1) The Attorney General shall use 15 percent of the funds
available under subsection (d)(2) of this section to make grants
for the purpose of assisting Native American Indian tribes in
developing, establishing, and operating programs designed to
improve -
(A) the handling of child abuse cases, particularly cases of
child sexual abuse, in a manner which limits additional trauma to
the child victim; and
(B) the investigation and prosecution of cases of child abuse,
particularly child sexual abuse.
(2) The Attorney General may use 5 percent of the funds available
under subsection (d)(2) of this section (prior to distribution) for
grants to Indian tribes to establish child victim assistance
programs, as appropriate.
(3) As used in this subsection, the term "tribe" (!2) has the
meaning given that term in section 450b(b) (!3) of title 25.