42 U.S. Code § 10601 - Crime Victims Fund

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 (b)(1)(B)(iv), was repealed effective on the first day of the first calendar month beginning 36 months after Oct. 12, 1984 (Nov. 1, 1987), by Pub. L. 98–473, title II, §§ 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, § 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, § 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) ofsection 450b no longer defines the term “Indian tribe”. However, such term is defined elsewhere in that section.

2006—Subsec. (b)(1)(B)(ii). Pub. L. 109–435substituted “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. 106–177designated 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. 106–113added 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. 104–208added par. (5).

Subsec. (e). Pub. L. 104–208substituted “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 September 30, 1994.”

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. 101–647substituted “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 September 30, 1988.”

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. 99–646designated existing provision as par. (1), substituted “Except as provided in paragraph (2), any” for “Any”, and added par. (2).

Amendment by Pub. L. 102–572effective Jan. 1, 1993, see section 1101 ofPub. L. 102–572, set out as a note under section 905 of Title 2, The Congress.

Pub. L. 100–690, title VII, § 7129,Nov. 18, 1988, 102 Stat. 4423, as amended by Pub. L. 101–647, title V, § 505,Nov. 29, 1990, 104 Stat. 4822, provided that: “The amendments made by this chapter [probably means this subtitle, subtitle D (§§ 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.”

Pub. L. 98–473, title II, § 1409,Oct. 12, 1984, 98 Stat. 2178, provided that:

“(a) Except as provided in subsection (b), this chapter [chapter XIV (§§ 1401–1411) of title II of Pub. L. 98–473, 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.”

Pub. L. 104–132, title II, § 231,Apr. 24, 1996, 110 Stat. 1243, provided that: “This subtitle [subtitle C (§§ 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’.”

Pub. L. 101–647, title V, § 501,Nov. 29, 1990, 104 Stat. 4820, 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’.”

Pub. L. 98–473, title II, § 1401,Oct. 12, 1984, 98 Stat. 2170, provided that: “This chapter [chapter XIV (§§ 1401–1411) of title II of Pub. L. 98–473, 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’.”

Pub. L. 107–56, title VI, § 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, § 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, § 619,Nov. 28, 2001, 115 Stat. 802, set out as a note below]; and

“(2) subsections (c) and (d) ofsection 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).”

Pub. L. 113–76, div. B, title V, § 510,Jan. 17, 2014, 128 Stat. 79, provided that: “Notwithstanding any other provision of law, amounts deposited or available in the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 (42 U.S.C. 10601) in any fiscal year in excess of $745,000,000 shall not be available for obligation until the following fiscal year.”

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 113–6, div. B, title V, § 510,Mar. 26, 2013, 127 Stat. 271.

Pub. L. 112–55, div. B, title V, § 512,Nov. 18, 2011, 125 Stat. 632.

Pub. L. 111–117, div. B, title V, § 512,Dec. 16, 2009, 123 Stat. 3151.

Pub. L. 111–8, div. B, title V, § 512,Mar. 11, 2009, 123 Stat. 596.

Pub. L. 110–161, div. B, title V, § 513,Dec. 26, 2007, 121 Stat. 1926.

Pub. L. 109–108, title VI, § 612,Nov. 22, 2005, 119 Stat. 2336.

Pub. L. 108–447, div. B, title VI, § 616,Dec. 8, 2004, 118 Stat. 2915.

Pub. L. 108–199, div. B, title VI, § 618,Jan. 23, 2004, 118 Stat. 95.

Pub. L. 108–7, div. B, title VI, § 617,Feb. 20, 2003, 117 Stat. 102.

Pub. L. 107–77, title VI, § 619,Nov. 28, 2001, 115 Stat. 802.

Pub. L. 106–553, § 1(a)(2) [title VI, § 619], Dec. 21, 2000, 114 Stat. 2762, 2762A–107.

Pub. L. 106–113, div. B, § 1000(a)(1) [title VI, § 620], Nov. 29, 1999, 113 Stat. 1535, 1501A–55.

Pub. L. 106–177, title I, § 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.].”

Pub. L. 105–119, title I, § 109(b),Nov. 26, 1997, 111 Stat. 2457, 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.”

Pub. L. 100–690, title VII, § 7130,Nov. 18, 1988, 102 Stat. 4423, 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.”