(2) striking the period at the end of subdivision
(a)(1)(C) and inserting in lieu thereof ‘‘; and’’;
(3) inserting after subdivision (a)(1)(C) the
following:
‘‘(D) if sentence is to be imposed for a
crime of violence or sexual abuse, address the
victim personally if the victim is present at the
sentencing hearing and determine if the victim
wishes to make a statement and to present any
information in relation to the sentence.’’;
(4) in the second to last sentence of subdivision
(a)(1), striking ‘‘equivalent opportunity’’ and insert-
ing in lieu thereof ‘‘opportunity equivalent to that of
the defendant’s counsel’’;
(5) in the last sentence of subdivision (a)(1) in-
serting ‘‘the victim,’’ before ‘‘or the attorney for the
Government.’’; and
(6) adding at the end the following:
‘‘(f) DEFINITIONS.—For purposes of this rule—
‘‘(1) ‘victim’ means any individual against
whom an offense for which a sentence is to be im-
posed has been committed, but the right of allocu-
tion under subdivision (a)(1)(D) may be exercised
instead by—
‘‘(A) a parent or legal guardian in case the
victim is below the age of eighteen years or in-
competent; or
‘‘(B) one or more family members or rel-
atives designated by the court in case the victim
is deceased or incapacitated;
if such person or persons are present at the sentenc-
ing hearing, regardless of whether the victim is
present; and
‘‘(2) ‘crime of violence or sexual abuse’ means
a crime that involved the use or attempted or threat-
ened use of physical force against the person or
property of another, or a crime under chapter 109A
of title 18, United States Code.’’.
TITLE II—CRIME VICTIMS’ FUND
SEC. 201. ALLOCATION OF FUNDS FOR COSTS AND GRANTS.
(a) GENERALLY.—Section 1402(d) of the Victims of
Crime Act of 1984 (42 U.S.C. 10601(d)) is amended by—
(1) striking paragraph (2) and inserting the fol-
lowing:
‘‘(2) the next $10,000,000 deposited in the
Fund shall be available for grants under section
1404A.’’;
(2) striking paragraph (3) and inserting the fol-
lowing:
‘‘(3) Of the remaining amount deposited in the
Fund in a particular fiscal year—
‘‘(A) 48 percent shall be available for
grants under section 1403;
‘‘(B) 48 percent shall be available for
grants under section 1404(a); and
‘‘(C) 4 percent shall be available for grants
under section 1404(c).’’;
(3) strike paragraph (4) and inserting the fol-
lowing:
‘‘(4) 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 pre-
vious 
year. 
Such 
reserve 
may 
not 
exceed
$20,000,000.’’; and
(4) striking paragraph (5).
(b) CONFORMING
CROSS
REFERENCE.—Section
1402(g)(1) of the Victims of Crime Act of 1984 (42
U.S.C. 10601(g)(1) is amended by striking reference to
‘‘(d)(2)(A)(iv)’’ and inserting ‘‘(d)(2)’’.
(c) AMOUNTS AWARDED
AND UNSPENT.—Section
1402(e) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(e)) is amended to read as follows:
‘‘(e) AMOUNTS
AWARDED
AND
UNSPENT.—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 purposes for which
such grant is made at any time during the next succeeding
2 fiscal years, at the end of which year any remaining
unobligated funds shall be returned to the Fund.’’.
SEC. 202. RELATIONSHIP OF CRIME VICTIM COMPENSA-
TION TO CERTAIN FEDERAL PROGRAMS.
Section 1403 of the Victims of Crime Act of 1984
(42 U.S.C. 10602) is amended by adding at the end the
following:
‘‘(e) Notwithstanding any other provision of law, if
the compensation paid by an eligible crime victim com-
pensation program would cover costs that a Federal pro-
gram, or a federally financed State or local program,
would otherwise pay, then—
‘‘(1) such crime victim compensation program
shall not pay that compensation; and
‘‘(2) the other program shall make its payments
without regard to the existence of the crime victim
compensation program.’’.