34 U.S.C. § 20101 — Crime Victims Fund

Page 421 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20101 1 See References in Text note below. Sec. 20122. Education, training, and enhanced services to end violence against and abuse of individ- uals with disabilities and Deaf people. 20123. Grants for outreach and services to under- served populations. 20124. Enhancing culturally specific services for vic- tims of domestic violence, dating violence, sexual assault, and stalking. 20125. Grants to combat violent crimes on cam- puses. 20126. Consultation. 20127. Emergency and transitional pet shelter and housing assistance grant program. 20128. Agency and department coordination. 20129. LGBT specific services program. 20130. Study and reports on barriers to survivors’ economic security access. 20131. Media campaign. SUBCHAPTER III—ADDITIONAL VICTIM COMPENSATION AND SERVICES 20141. Services to victims. 20142. Closed circuit televised court proceedings for victims of crime. 20143. Grants for young witness assistance. 20144. Justice for United States victims of state sponsored terrorism. 20145. Elimination of barriers. SUBCHAPTER I—CRIME VICTIMS FUND § 20101. Crime Victims Fund (a) Establishment There is created in the Treasury a separate ac- count to be known as the Crime Victims Fund (hereinafter in this subchapter referred to as the ‘‘Fund’’). (b) Fines deposited in Fund; penalties; forfeited appearance bonds Except as limited by subsection (c), 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 Spe- cies Act (16 U.S.C. 1540(d)); and (ii) section 6(d) of the Lacey Act Amend- ments 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 Unem- ployment 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 sec- tion 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; (5) any gifts, bequests, or donations to the Fund from private entities or individuals, which the Director is hereby authorized to ac- cept 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; and (6) any funds that would otherwise be depos- ited in the general fund of the Treasury col- lected pursuant to— (A) a deferred prosecution agreement; or (B) a non-prosecution agreement. (c) Retention of sums in Fund; availability for ex- penditure 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 fis- cal year shall remain in the Fund for obligation in future fiscal years, without fiscal year limita- tion. (d) Availability for judicial branch administra- tive costs; grant program percentages The Fund shall be available as follows: (1) Repealed. Pub. L. 105–119, title I, § 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 20104 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 subpara- graph (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 20104 of this title. (ii) Amounts available under this subpara- graph for any fiscal year shall not exceed $20,000,000. (3)(A) Of the sums remaining in the Fund in any particular fiscal year after compliance with paragraph (2), such sums as may be nec- essary shall be available only for— (i) the United States Attorneys Offices and the Federal Bureau of Investigation to pro- vide and improve services for the benefit of crime victims in the Federal criminal jus- tice system (as described in section 3771 or section 3772, as it relates to direct services, of title 18 and section 20141 of this title) through victim coordinators, victims’ spe- cialists, and advocates, including for the ad- ministrative support of victim coordinators and advocates providing such services; and (ii) a Victim Notification System. (B) Amounts made available under subpara- graph (A) may not be used for any purpose Page 422 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20101 2 So in original. Probably should be ‘‘ ‘Indian tribe’ ’’. that is not specified in clause (i) or (ii) of sub- paragraph (A). (4) Of the remaining amount to be distrib- uted from the Fund in a particular fiscal year— (A) 47.5 percent shall be available for grants under section 20102 of this title; (B) 47.5 percent shall be available for grants under section 20103(a) of this title; and (C) 5 percent shall be available for grants under section 20103(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 Direc- tor may replenish any amounts obligated from such reserve in subsequent fiscal years by set- ting aside up to 5 percent of the amounts re- maining 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 re- ferred to in subparagraph (A) may be used for supplemental grants under section 20105 of this title and to provide compensation to victims of international terrorism under section 20106 of this title. (C) Amounts in the antiterrorism emergency reserve established pursuant to subparagraph (A) may be carried over from fiscal year to fis- cal year. Notwithstanding subsection (c) 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 car- ried over shall not be subject to any limita- tion on obligations from amounts deposited to or available in the Fund. (6)(A) The Director may set aside up to $10,000,000 of the amounts remaining in the Fund in any fiscal year after distributing the amounts under paragraphs (2), (3), and (4), in a Child Pornography Victims Reserve, which may be used by the Attorney General for pay- ments under section 2259(d) of title 18. (B) Amounts in the reserve may be carried over from fiscal year to fiscal year, but the total amount of the reserve shall not exceed $10,000,000. Notwithstanding subsection (c) and any limitation on Fund obligations in any fu- ture 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 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 fis- cal years, at the end of which period, any re- maining 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 dis- cretion of the Attorney General. Any remaining unobligated sums shall be returned to the Fund. (f) ‘‘Offenses against the United States’’ as ex- cluding 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) to make grants for the purpose of assisting Native American Indian tribes in developing, estab- lishing, and operating programs designed to im- prove— (A) the handling of child abuse cases, par- ticularly cases of child sexual abuse, in a man- ner 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) (prior to distribution) for grants to Indian tribes to es- tablish child victim assistance programs, as ap- propriate. (3) As used in this subsection, the term ‘‘tribe’’ 2 has the meaning given that term in section 5304(b) 1 of title 25. (Pub. L. 98–473, title II, § 1402, Oct. 12, 1984, 98 Stat. 2170; Pub. L. 99–401, title I, § 102(b)(1), (2), Aug. 27, 1986, 100 Stat. 904; Pub. L. 99–646, § 82, Nov. 10, 1986, 100 Stat. 3619; Pub. L. 100–690, title VII, §§ 7121, 7124, Nov. 18, 1988, 102 Stat. 4419, 4422; Pub. L. 101–647, title V, § 504, Nov. 29, 1990, 104 Stat. 4822; Pub. L. 102–572, title X, § 1001, Oct. 29, 1992, 106 Stat. 4520; Pub. L. 103–121, title I, § 110(a), Oct. 27, 1993, 107 Stat. 1164; Pub. L. 103–322, title XXIII, § 230201, title XXXIII, § 330025(a), Sept. 13, 1994, 108 Stat. 2079, 2151; Pub. L. 104–132, title II, §§ 232(b), (c)(1), 236, Apr. 24, 1996, 110 Stat. 1243, 1244, 1247; Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 112], Sept. 30, 1996, 110 Stat. 3009, 3009–21; Pub. L. 105–119, title I, § 109(a), Nov. 26, 1997, 111 Stat. 2457; Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 119], Nov. 29, 1999, 113 Stat. 1535, 1501A–22; Pub. L. 106–177, title I, § 104(a), Mar. 10, 2000, 114 Stat. 36; Pub. L. 106–386, div. C, § 2003(b), (c)(2), (d), Oct. 28, 2000, 114 Stat. 1544, 1546; Pub. L. 106–553, § 1(a)(2) [title I, § 113, formerly § 114], Dec. 21, 2000, 114 Stat. 2762, 2762A–68, renumbered Pub. L. 106–554, § 1(a)(4) [div. A, § 213(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–179; Pub. L. 107–56, title VI, § 621(a)–(d), Oct. 26, 2001, 115 Stat. 370, 371; Pub. L. 107–77, title I, § 111, Nov. 28, 2001, 115 Stat. 765; Pub. L. 109–162, title XI, § 1132, Jan. 5, 2006, 119 Stat. 3107; Pub. L. 109–435, title I, § 102(b), Dec. 20, 2006, 120 Page 423 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20101 Stat. 3200; Pub. L. 113–163, § 3, Aug. 8, 2014, 128 Stat. 1866; Pub. L. 114–22, title I, § 113(b), May 29, 2015, 129 Stat. 241; Pub. L. 114–236, § 2(c), Oct. 7, 2016, 130 Stat. 967; Pub. L. 115–299, § 5(b), Dec. 7, 2018, 132 Stat. 4387; Pub. L. 117–27, § 2(a), July 22, 2021, 135 Stat. 301.) Editorial Notes 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, which is classified principally to chapter 11 (§ 351 et seq.) of Title 45, Railroads. For complete classi- fication 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 Appro- priations 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 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 was formerly classified to section 10601 of Title 42, The Public Health and Welfare, prior to edi- torial 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 2021—Subsec. (b)(6). Pub. L. 117–27, § 2(a)(1), added par. (6). Subsec. (e). Pub. L. 117–27, § 2(a)(2), substituted ‘‘Di- rector, except that renewals and extensions beyond that period may be granted at the discretion of the At- torney General’’ for ‘‘Director’’. 2018—Subsec. (d)(6). Pub. L. 115–299 added par. (6). 2016—Subsec. (d)(3)(A)(i). Pub. L. 114–236 inserted ‘‘or section 3772, as it relates to direct services,’’ after ‘‘sec- tion 3771’’. 2015—Subsec. (d)(3)(A)(i). Pub. L. 114–22 inserted ‘‘sec- tion’’ before ‘‘3771’’. 2014—Subsec. (d)(3). Pub. L. 113–163 designated exist- ing provisions as subpar. (A), substituted ‘‘available only for—’’ for ‘‘available for the United States Attor- neys 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 Noti- fication System.’’, added cls. (i) and (ii) of subpar. (A), and added subpar. (B). 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 pe- riod 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 Gen- eral’’. 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 Direc- tor may distribute up to 120 percent of the amount dis- tributed 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 fis- cal 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. Notwith- standing any other provision of law, all sums deposited in the Fund that are not distributed shall remain in re- serve 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 suffi- cient 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 fis- cal year as an emergency reserve. Such reserve shall not exceed $100,000,000. ‘‘(B) The emergency reserve referred to in subpara- graph (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 com- pensation and assistance in accordance with sections 10602 and 10603 of this title in years in which supple- mental grants are needed.’’ 2000—Subsec. (c). Pub. L. 106–386, § 2003(d), which di- rected 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 inser- tion at the end of subsec. (c) of this section, which is section 1402 of the Victims of Crime Act of 1984, to re- flect the probable intent of Congress. Subsec. (d)(2). Pub. L. 106–177 designated existing pro- visions 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 Inves- tigation’’ after ‘‘United States Attorneys Offices’’. Subsec. (d)(5)(A). Pub. L. 106–386, § 2003(b)(1), sub- stituted ‘‘$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 re- Page 424 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20101 serve fund referred to in subsection (d)(5) at the discre- tion of the Director. Any remaining unobligated sums’’ for ‘‘in excess of $500,000 shall be returned to the Treas- ury. 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 bomb- ing of the Alfred P. Murrah Federal Building in Okla- homa City, to facilitate observation of and/or partici- pation 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 Di- rector.’’ 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), sub- stituted ‘‘under this chapter’’ for ‘‘under this sub- section’’. 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 fol- lows: ‘‘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 with- out 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 re- main 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 re- maining unobligated sums shall be returned to the gen- eral fund of the Treasury. ‘‘(2) For the purposes of the application of paragraph (1) to any grant under this chapter with respect to fis- cal year 1985, there shall be substituted in such para- graph ‘two succeeding fiscal years’ for ‘succeeding fis- cal 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 pro- vided in section 10603a of this title.’’ Subsec. (d)(3). Pub. L. 103–322, § 330025(a), which di- rected 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 par- ticular 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 sub- sec. (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 ad- ministrative costs to carry out the functions of the ju- dicial 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 Sep- tember 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 sub- section 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 sec- tion 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 fol- lows: ‘‘(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’’. Page 425 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20101 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 par- ticular 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 Sep- tember 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), sub- stituted ‘‘$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 fol- lows: ‘‘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 provi- sion 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 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 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 20111 of this title, amending this sec- tion and sections 20102, 20103, and 20110 of this title, and enacting provisions set out as a note under this sec- tion] shall not apply with respect to a State compensa- tion 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 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 of 1984 Act note set out under section 10101 of this title] 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 subchapter] shall take effect on October 1, 1984.’’ REPORT Pub. L. 117–347, title III, § 322, Jan. 5, 2023, 136 Stat. 6206, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date on which the National Academy of Sciences sub- mits the report required under section 3(c) of the Bet- ter Cybercrime Metrics Act [Pub. L. 117–116] (34 U.S.C. 30109 note), and once each year thereafter, the Director of the Office for Victims of Crime shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Rep- resentatives that addresses, to the extent data are available, the nature, extent, and amount of funding under the Victims of Crime Act of 1984 (34 U.S.C. 20101 et seq.) for victims of cybercrimes against individuals. ‘‘(b) CONTENTS.—The report required under subsection (a) shall include— ‘‘(1) an analysis of victims’ assistance, victims’ compensation, and discretionary grants under which victims of cybercrimes against individuals received assistance; and ‘‘(2) recommendations for improving services for victims of cybercrimes against individuals.’’ [For definition of ‘‘cybercrime against individuals’’ as used in section 322 of Pub. L. 117–347, set out above, see section 30107(a) of this title, as made applicable by section 3 of Pub. L. 117–347, which is set out as a note under section 20145 of this title.] VICTIMS OF SEPTEMBER 11, 2001 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 hi- jackings and terrorist acts (including any related search, rescue, relief, assistance, or other similar ac- tivities) that occurred on September 11, 2001, shall not be subject to any limitation on obligations from amounts deposited to or available in the Fund, not- withstanding— ‘‘(1) section 619 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agen- cies 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 obliga- tions in such Act for Fiscal Year 2002 [see Pub. L. 107–77, title VI, § 619, Nov. 28, 2001, 115 Stat. 802, for- merly 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) [now 34 U.S.C. 20101].’’ LIMITATION ON AMOUNTS AVAILABLE FOR OBLIGATION Pub. L. 118–42, div. C, title V, § 510, Mar. 9, 2024, 138 Stat. 168, 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 (34 U.S.C. 20101) in any fiscal year in excess of $1,353,000,000 shall not be available for obligation until the following fiscal year’’. Similar provisions were contained in the following prior appropriation acts: Pub. L. 117–328, div. B, title V, § 510, Dec. 29, 2022, 136 Stat. 4556. Pub. L. 117–103, div. B, title V, § 510, Mar. 15, 2022, 136 Stat. 145. Pub. L. 116–260, div. B, title V, § 510, Dec. 27, 2020, 134 Stat. 1277. Pub. L. 116–93, div. B, title V, § 510, Dec. 20, 2019, 133 Stat. 2426. Pub. L. 116–6, div. C, title V, § 510, Feb. 15, 2019, 133 Stat. 130. Pub. L. 115–141, div. B, title V, § 510, Mar. 23, 2018, 132 Stat. 437. Pub. L. 115–31, div. B, title III, § 510, May 5, 2017, 131 Stat. 221. Pub. L. 114–113, div. B, title V, § 510, Dec. 18, 2015, 129 Stat. 2324. Pub. L. 113–235, div. B, title V, § 510, Dec. 16, 2014, 128 Stat. 2210. Pub. L. 113–76, div. B, title V, § 510, Jan. 17, 2014, 128 Stat. 79. 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. Page 426 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20102 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. INTERACTION WITH ANY CAP Pub. L. 106–177, title I, § 104(b), Mar. 10, 2000, 114 Stat. 36, provided that: ‘‘Subsection (a) [amending this sec- tion] 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 [34 U.S.C. 20101 et seq.].’’ TRANSFER OF CERTAIN UNOBLIGATED FUNDS 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 para- graph repealed by subsection (a) [former 34 U.S.C. 20101(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 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 [34 U.S.C. 20101(b)], 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.’’ § 20102. Crime victim compensation (a) Authority of Director; grants (1) Except as provided in paragraph (2), the Di- rector shall make an annual grant from the Fund to an eligible crime victim compensation program of 75 percent of the amounts awarded during the preceding fiscal year, other than amounts awarded for property damage. Except as provided in paragraph (4), a grant under this section shall be used by such program only for awards of compensation. (2) If the sums available in the Fund for grants under this section are insufficient to provide grants as provided in paragraph (1), the Director shall make, from the sums available, a grant to each eligible crime victim compensation pro- gram so that all such programs receive the same percentage of the amounts awarded by such pro- gram during the preceding fiscal year, other than amounts awarded for property damage. (3) For the purposes of calculating amounts awarded in the previous fiscal year under this subsection, the Director shall not require eligi- ble crime victim compensation programs to de- duct recovery costs or collections from restitu- tion or from subrogation for payment under a civil lawsuit. (4) Not more than 5 percent of a grant made under this section may be used for training pur- poses and the administration of the State crime victim compensation program receiving the grant. (b) Eligible crime victim compensation programs A crime victim compensation program is an eligible crime victim compensation program for the purposes of this section if— (1) such program is operated by a State and offers compensation to victims and survivors of victims of criminal violence, including drunk driving and domestic violence for— (A) medical expenses attributable to a physical injury resulting from compensable crime, including expenses for mental health counseling and care; (B) loss of wages attributable to a physical injury resulting from a compensable crime; and (C) funeral expenses attributable to a death resulting from a compensable crime; (2) such program promotes victim coopera- tion with the reasonable requests of law en- forcement authorities, except if a program de- termines such cooperation may be impacted due to a victim’s age, physical condition, psy- chological state, cultural or linguistic bar- riers, or any other health or safety concern that jeopardizes the victim’s wellbeing; (3) such State certifies that grants received under this section will not be used to supplant State funds otherwise available to provide crime victim compensation; (4) such program, as to compensable crimes occurring within the State, makes compensa- tion awards to victims who are nonresidents of the State on the basis of the same criteria used to make awards to victims who are resi- dents of such State; (5) such program provides compensation to victims of Federal crimes occurring within the State on the same basis that such program provides compensation to victims of State crimes; (6) such program provides compensation to residents of the State who are victims of crimes occurring outside the State if— (A) the crimes would be compensable crimes had they occurred inside that State; and (B) the places the crimes occurred in are States not having eligible crime victim com- pensation programs; (7) such program does not, except pursuant to rules issued by the program to prevent un- just enrichment of the offender, deny com- pensation to any victim because of that vic- tim’s familial relationship to the offender, or because of the sharing of a residence by the victim and the offender; (8) such program does not provide compensa- tion to any person who has been convicted of an offense under Federal law with respect to any time period during which the person is de- linquent in paying a fine, other monetary pen- alty, or restitution imposed for the offense; (9) beginning not later than 3 years after March 15, 2022, such program— (A) provides a waiver for any application filing deadline imposed by the program for a crime victim if— (i) the crime victim is otherwise eligible for compensation; and (ii) the delay in filing the application was a result of a delay in the testing of, or