Notes on 42 U.S.C. § 10601 : US Code - Notes

Search Notes on 42 U.S.C. § 10601 : US Code - Notes

(Pub. L. 98-473, title II, Sec. 1402, Oct. 12, 1984, 98 Stat. 2170;
Pub. L. 99-401, title I, Sec. 102(b)(1), (2), Aug. 27, 1986, 100
Stat. 904; Pub. L. 99-646, Sec. 82, Nov. 10, 1986, 100 Stat. 3619;
Pub. L. 100-690, title VII, Secs. 7121, 7124, Nov. 18, 1988, 102
Stat. 4419, 4422; Pub. L. 101-647, title V, Sec. 504, Nov. 29,
1990, 104 Stat. 4822; Pub. L. 102-572, title X, Sec. 1001, Oct. 29,
1992, 106 Stat. 4520; Pub. L. 103-121, title I, Sec. 110(a), Oct.
27, 1993, 107 Stat. 1164; Pub. L. 103-322, title XXIII, Sec.
230201, title XXXIII, Sec. 330025(a), Sept. 13, 1994, 108 Stat.
2079, 2151; Pub. L. 104-132, title II, Secs. 232(b), (c)(1), 236,
Apr. 24, 1996, 110 Stat. 1243, 1244, 1247; Pub. L. 104-208, div. A,
title I, Sec. 101(a) [title I, Sec. 112], Sept. 30, 1996, 110 Stat.
3009, 3009-21; Pub. L. 105-119, title I, Sec. 109(a), Nov. 26,
1997, 111 Stat. 2457; Pub. L. 106-113, div. B, Sec. 1000(a)(1)
[title I, Sec. 119], Nov. 29, 1999, 113 Stat. 1535, 1501A-22; Pub.
L. 106-177, title I, Sec. 104(a), Mar. 10, 2000, 114 Stat. 36; Pub.
L. 106-386, div. C, Sec. 2003(b), (c)(2), (d), Oct. 28, 2000, 114
Stat. 1544, 1546; Pub. L. 106-553, Sec. 1(a)(2) [title I, Sec. 113,
formerly Sec. 114], Dec. 21, 2000, 114 Stat. 2762, 2762A-68,
renumbered Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 213(a)(2)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-179; Pub. L. 107-56, title VI,
Sec. 621(a)-(d), Oct. 26, 2001, 115 Stat. 370, 371; Pub. L. 107-77,
title I, Sec. 111, Nov. 28, 2001, 115 Stat. 765; Pub. L. 109-162,
title XI, Sec. 1132, Jan. 5, 2006, 119 Stat. 3107.)
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 (Sec. 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was repealed effective on the first day of the first calendar month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 Oct. 12, 1984 (Nov. 1, 1987), by Pub. L.
98-473, title II, Secs. 212(a)(2), 235(a)(1), Oct. 12, 1984, 98
Stat. 1987, 2031, as amended.
Section 3671(c)(2) of title 18, referred to in subsec. (b)(4),
was renumbered section 3681(c)(2) by Pub. L. 99-646, Sec. 41(a),
Nov. 10, 1986, 100 Stat. 3600.
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,
Sec. 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 (Sec. 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)(5). Pub. L. 109-162, Sec. 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, Sec. 1132(2), substituted
"obligated" for "expended".
Subsec. (g)(1). Pub. L. 109-162, Sec. 1132(3)(A), struck out ",
acting through the Director," after "Attorney General".
Subsec. (g)(2), (3). Pub. L. 109-162, Sec. 1132(3)(B), (C), added
par. (2) and redesignated former par. (2) as (3).
2001 - Subsec. (b)(5). Pub. L. 107-56, Sec. 621(a), added par.
(5).
Subsec. (c). Pub. L. 107-77, Sec. 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, Sec. 621(b), amended heading and text of subsec.
(c) generally.
Subsec. (d)(3). Pub. L. 107-77, Sec. 111(a), inserted before
period at end ", and for a Victim Notification System".
Subsec. (d)(4). Pub. L. 107-56, Sec. 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, Sec. 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, Sec. 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, Sec. 2003(b)(1), substituted
"$100,000,000" for "$50,000,000".
Subsec. (d)(5)(B). Pub. L. 106-386, Sec. 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, Sec. 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, Sec. 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, Sec. 109(a)(2), substituted "The
first" for "the next".
1996 - Subsec. (c). Pub. L. 104-132, Sec. 232(c)(1)(A),
substituted "under this chapter" for "under this subsection".
Subsec. (d)(3)(B). Pub. L. 104-132, Sec. 236, substituted
"section 10603(a) of this title" for "section 10603a of this
title".
Subsec. (d)(4). Pub. L. 104-132, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 230201(b), substituted
"subsection (d)(2)" for "subsection (d)(2)(D)".
1993 - Subsec. (d)(2)(C), (D). Pub. L. 103-121, Sec. 110(a)(1),
added subpars. (C) and (D).
Subsec. (d)(3). Pub. L. 103-121, Sec. 110(a)(2), substituted
"section 10603a of this title" for "section 10603(a) of this
title".
Subsec. (g)(1). Pub. L. 103-121, Sec. 110(a)(3), substituted
"subsection (d)(2)(D)" for "subsection (d)(2)(A)(iv)".
1992 - Subsec. (c). Pub. L. 102-572, Sec. 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 September 30,
1994."
Subsec. (d). Pub. L. 102-572, Sec. 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, Sec. 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 September 30,
1988."
Subsec. (d)(2)(C). Pub. L. 100-690, Sec. 7121(b)(2), inserted ",
but not in excess of $110,000,000," after "$105,500,000".
Subsec. (d)(2)(D). Pub. L. 100-690, Sec. 7121(b)(1), added
subpar. (D).
Subsec. (g). Pub. L. 100-690, Sec. 7124, added subsec. (g).
1986 - Subsec. (c)(1). Pub. L. 99-401, Sec. 102(b)(1),
substituted "$110 million" for "$100 million".
Subsec. (d)(2). Pub. L. 99-401, Sec. 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 1992 AMENDMENT
Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section
1101 of Pub. L. 102-572, set out as a note under section 905 of
Title 2, The Congress.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 7129 of Pub. L. 100-690, as amended by Pub. L. 101-647,
title V, Sec. 505, Nov. 29, 1990, 104 Stat. 4822, provided that:
"The amendments made by this chapter [probably means this subtitle,
subtitle D (Secs. 7121-7130) of title VII of Pub. L. 100-690,
enacting section 10605 of this title, amending this section and
sections 10602 to 10604 of this title, and enacting provisions set
out as a note under this section] shall not apply with respect to a
State compensation program that was an eligible State crime victim
compensation program on the date of the enactment of this Act [Nov.
18, 1988] until October 1, 1991."
EFFECTIVE DATE
Section 1409 of chapter XIV of title II of Pub. L. 98-473
provided that:
"(a) Except as provided in subsection (b), this chapter [see
Short Title note below] and the amendments made by this chapter
shall take effect thirty days after the date of enactment of this
joint resolution [Oct. 12, 1984].
"(b) Sections 1402, 1403, 1404, and 1407 of this chapter
[enacting this chapter] shall take effect on October 1, 1984."
SHORT TITLE OF 1996 AMENDMENT
Section 231 of title II of Pub. L. 104-132 provided that: "This
subtitle [subtitle C (Secs. 231-236) of title II of Pub. L. 104-
132, enacting sections 10603b and 10608 of this title, amending
this section and sections 10602 and 10603 of this title, and
enacting provisions set out as notes under section 10602 of this
title] may be cited as the 'Justice for Victims of Terrorism Act of
1996'."
SHORT TITLE OF 1990 AMENDMENT
Section 501 of title V of Pub. L. 101-647 provided that: "This
title [enacting sections 10606 and 10607 of this title, amending
this section, enacting provisions set out as a note under section
10606 of this title, and amending provisions set out as a note
under this section] may be cited as the 'Victims' Rights and
Restitution Act of 1990'."
SHORT TITLE
Section 1401 of chapter XIV (Secs. 1401-1411) of title II of Pub.
L. 98-473 provided that: "This chapter [enacting this chapter and
sections 3013, 3671 and 3672 of Title 18, Crimes and Criminal
Procedure, and amending sections 3150a, 4207, and 4215 of Title 18
and provisions set out as a note under section 1512 of Title 18]
may be cited as the 'Victims of Crime Act of 1984'."
VICTIMS OF SEPTEMBER 11, 2001
Pub. L. 107-56, title VI, Sec. 621(e), Oct. 26, 2001, 115 Stat.
371, provided that: "Amounts transferred to the Crime Victims Fund
for use in responding to the airplane hijackings and terrorist acts
(including any related search, rescue, relief, assistance, or other
similar activities) that occurred on September 11, 2001, shall not
be subject to any limitation on obligations from amounts deposited
to or available in the Fund, notwithstanding -
"(1) section 619 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act,
2001 [section 1(a)(2) [title VI, Sec. 619] of Pub. L. 106-553,
formerly set out as a note below], and any similar limitation on
Fund obligations in such Act for Fiscal Year 2002 [see Pub. L.
107-77, title VI, Sec. 619, Nov. 28, 2001, 115 Stat. 802, set out
as a note below]; and
"(2) subsections (c) and (d) of section 1402 of the Victims of
Crime Act of 1984 (42 U.S.C. 10601)."
LIMITATION ON AMOUNTS AVAILABLE FOR OBLIGATION
Pub. L. 109-108, title VI, Sec. 612, Nov. 22, 2005, 119 Stat.
2336, provided that: "Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under 42
U.S.C. 10601 in any fiscal year in excess of $625,000,000 shall not
be available for obligation until the following fiscal year."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 108-447, div. B, title VI, Sec. 616, Dec. 8, 2004, 118
Stat. 2915.
Pub. L. 108-199, div. B, title VI, Sec. 618, Jan. 23, 2004, 118
Stat. 95.
Pub. L. 108-7, div. B, title VI, Sec. 617, Feb. 20, 2003, 117
Stat. 102.
Pub. L. 107-77, title VI, Sec. 619, Nov. 28, 2001, 115 Stat. 802.
Pub. L. 106-553, Sec. 1(a)(2) [title VI, Sec. 619], Dec. 21,
2000, 114 Stat. 2762, 2762A-107.
Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title VI, Sec. 620],
Nov. 29, 1999, 113 Stat. 1535, 1501A-55.
INTERACTION WITH ANY CAP
Pub. L. 106-177, title I, Sec. 104(b), Mar. 10, 2000, 114 Stat.
36, provided that: "Subsection (a) [amending this section] shall be
implemented so that any increase in funding provided thereby shall
operate notwithstanding any dollar limitation on the availability
of the Crime Victims Fund established under the Victims of Crime
Act of 1984 [42 U.S.C. 10601 et seq.]."
TRANSFER OF CERTAIN UNOBLIGATED FUNDS
Section 109(b) of Pub. L. 105-119 provided that: "Any unobligated
sums hitherto available to the judicial branch pursuant to the
paragraph repealed by subsection (a) [former 42 U.S.C. 10601(d)(1)]
shall be deemed to be deposits into the Crime Victims Fund as of
the effective date hereof [Nov. 26, 1997] and may be used by the
Director of the Office for Victims of Crime to improve services for
the benefit of crime victims, including the processing and tracking
of criminal monetary penalties and related litigation activities,
in the Federal criminal justice system."
RETROACTIVE TRANSFER TO FUND
Section 7130 of Pub. L. 100-690 provided that: "An amount
equivalent to those sums which would have been placed in the Fund
under section 1402(b) of the Victims of Crime Act [subsec. (b) of
this section], but for the effect of section 1402(c)(2) of such
Act, is hereby transferred to the Fund from any sums not
appropriated from the general treasury."
(!1) See References in Text note below.
(!2) So in original. Probably should be " 'Indian tribe' ".
(!3) See References in Text note below.