(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 titl

(3)

the proceeds of forfeited appearance bonds, bail bonds, and collateral collected under section 3146 of title 18; and

(4)

any money ordered to be paid into the Fund under section 3671(c)(2) of title 18. ^[1]

(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.

(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(1) Repealed.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)

The first $10,000,000 deposited in the Fund shall be available for grants under section 10603a of this title.

(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 to improve services for the benefit of crime victims in the Federal criminal justice system.

(4)

Of the remaining amount deposited in the Fund in a particular fiscal year -

(A)

48.5 percent shall be available for grants under section 10602 of this title;

(B)

48.5 percent shall be available for grants under section 10603(a) of this title; and

(C)

3 percent shall be available for grants under section 10603(c) of this title.

(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 $50,000,000.

(B)

The emergency reserve referred to in subparagraph (A) may be used for supplemental grants under section 10603b 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.

(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 in excess of $500,000 shall be returned to the Treasury. Any remaining unobligated sums in an amount less than $500,000 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, acting through the Director, 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)

As used in this subsection, the term ''tribe'' ^[2] has the meaning given that term in section 450b(b) (FOOTNOTE 3) of title 25. ^[3] See References in Text note below