An amendment numbered 4 printed in House Report 109-236 to establish a fixed annual allocation for State victim assistance grants and OVC discretionary grants equal to the average amount allocated over the previous three years plus 5 percent.

1. 1

   Change 1: Inserts “(a) In General.--” on page 57, line 23

   InsertsPrinted page

   Inserted: (a) In General.--

   Original wording

   Page 57, line 23, insert “(a) In General.--”.

2. 2

   Change 2: Inserts new text on page 59, line 6

   InsertsPrinted page

   Inserted: (b) Additional Amendments.--

   Inserted: (1) Section 1402 (42 U.S.C. 10601) is amended--

   Inserted: (A) in subsection (b)--

   Inserted: (i) in paragraph (4), by striking "and" at the end;

   Inserted: (ii) in paragraph (5), by striking the period at the end and inserting "; and"; and

   Inserted: (iii) by adding at the end the following new paragraph:

   Inserted: "(6) Amounts deposited pursuant to section 3612(c)(2), 3663(c)(3)(B), or 3663A(c)(3)(A) of title 18, United States Code.";

   Inserted: (B) by amending subsection (c) to read as follows:

   Inserted: "(c)(1) Notwithstanding any other provision of law, the total amount to be distributed from the Fund in any fiscal year shall be an amount equal to the sum of the amounts required under subsection (d).

   Inserted: "(2) In each fiscal year, the Director shall distribute amounts from the Fund in accordance with subsection (d). 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.";

   Inserted: (C) in subsection (d), by amending paragraph (2) to read as follows:

   Inserted: "(2) $20,000,000 shall be available for grants under section 1404A.";

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   Inserted: (D) in subsection (d)(3), by striking "Of the sums" and all that follows through "such sums" and inserting "Such sums";

   Inserted: (E) in subsection (d)(4)(A), by striking "47.5 percent shall be available" and inserting "such sums as may be necessary";

   Inserted: (F) in subsection (d)(4)(B), by striking "47.5 percent shall be available" and inserting "such sums as may be necessary";

   Inserted: (G) in subsection (d)(4)(C), by striking "5 percent shall be available" and inserting "such sums as may be necessary"; and

   Inserted: (H) by adding at the end the following new subsection:

   Inserted: "(f) In any fiscal year in which the amount in the Fund is less than the total amount required under subsection (d), there shall be transferred into the Fund an amount equal to such additional sums as may be required to fully fund grants under subsection (d) from the following:

   Inserted: "(1) Civil or administrative fines, forfeitures or other monetary penalties or assessments collected from persons adjudged to have violated any of the laws or regulations of the United States.

   Inserted: "(2) Penalties and damages obtained and otherwise creditable to miscellaneous receipts of the general fund of the Treasury obtained under sections 3729 through 2722 of title 31 (known as the False Claims Act), other than funds awarded to a relator or for restitution.".

   Inserted: (2) Section 1403 (42 U.S.C. 10602) is amended--

   Inserted: (A) in subsection (a)(1), by striking "Except as provided in paragraph (2), the Director" and inserting "The Director"; and

   Inserted: (B) in subsection (a), by striking paragraph (2).

   Inserted: (3) Section 1404 (42 U.S.C. 10603) is amended--

   Inserted: (A) in subsection (a)(1) by striking "Subject to" and all that follows through the period at the end and inserting "The Director shall make an annual grant from the Fund to the chief executive of each State for the financial support of eligible crime victim assistance programs. Each grant shall be the average amount of the grants made for this purpose during the previous three fiscal years plus 5 percent."; and

   Inserted: (B) in subsection (c)(2) by inserting "The total amount available for grants under this subsection shall be the average amount available for this purpose during the previous three fiscal years plus 5 percent." before "Of the amount".

   Inserted: (4) Section 1407 (42 U.S.C. 10604) is amended--

   Inserted: (A) in subsection (g), by inserting after "effectiveness" the following: ", including measurable results,"; and

   Inserted: (B) by adding at the end the following new subsection:

   Inserted: "(i)(1) Every recipient of funds under this chapter shall submit an annual report to the Director in such fashion as the Director directs. The report shall include the amounts expended, quantitative data on the numbers of victims served, types of services provided and other supported activities, measurable results on the services and activities provided, and such other information as the Director may require. The Director may terminate or suspend current or future payments to recipients of funds under this chapter for failure to provide the Director with complete, accurate and timely information as required under this subsection.

   Inserted: "(2) The Director may request the cooperation and assistance of other Federal agencies in obtaining the information required under this subsection. The other agencies shall comply with all reasonable requests made by the Director, including the submission of information requested under paragraph (1).".

   Inserted: (c) Conforming Amendments.--

   Inserted: (1) Section 3663 of title 18, United States Code, is amended--

   Inserted: (A) in subsection (c)(1), by striking "described in" and all that follows through "863),";

   Inserted: (B) in subsection (c)(3)--

   Inserted: (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and indenting appropriately;

   Inserted: (ii) by inserting before clause (i) (as so redesignated) the following new paragraph:

   Inserted: "(A) If the defendant was convicted of an offense described in section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act (21 U.S.C. 841, 848 (a), 849, 856, 861, 863):"; and

   Inserted: (iii) by adding at the end the following new subparagraph:

   Inserted: "(B) For all other offenses, restitution shall be deposited into the fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).".

   Inserted: (2) Section 3663A of title 18, United States Code, is amended in subsection (c)(3)(A) by inserting before the semicolon the following: ", in which case the court may order restitution to be paid into the fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601)".

   Inserted: (3) Section 3612 of title 18, United States Code, is amended in subsection (c)(2) by adding at the end the following: "If, for any reason, the money received from a defendant cannot be disbursed to the person to whom the restitution is ordered to be paid, the amount collected shall be deposited into the fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601). If such person subsequently makes a valid claim for such payment, the payment shall be made from the fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).".

   Original wording

   Page 59, after line 6, insert the following new subsections:

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As printed