-CITE-

42 USC CHAPTER 112 - VICTIM COMPENSATION AND ASSISTANCE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 112 - VICTIM COMPENSATION AND ASSISTANCE

-HEAD-

CHAPTER 112 - VICTIM COMPENSATION AND ASSISTANCE

-MISC1-

Sec.

10601. Crime Victims Fund.

(a) Establishment.

(b) Fines deposited in Fund; penalties; forfeited

appearance bonds.

(c) Retention of sums in Fund; availability for

expenditure without fiscal year limitation.

(d) Availability for judicial branch administrative

costs; grant program percentages.

(e) Amounts awarded and unspent.

(f) "Offenses against the United States" as

excluding.

(g) Grants for Indian tribes; child abuse cases.

10602. Crime victim compensation.

(a) Authority of Director; grants.

(b) Eligible crime victim compensation programs.

(c) Exclusion from income, resources, and assets

for purposes of means tests.

(d) Definitions.

(e) Relationship to certain Federal programs.

10603. Crime victim assistance.

(a) Grant authority of Director; chief executive of

States; amount; insufficient funds.

(b) Eligibility of program; factors; limitation on

expending of sums.

(c) Grants: purposes; distribution; duties of

Director; reimbursement by Director.

(d) Definitions.

10603a. Child abuse prevention and treatment grants.

10603b. Compensation and assistance to victims of terrorism or

mass violence.

(a) Victims of acts of terrorism outside the United

States.

(b) Victims of terrorism within the United States.

10603c. Compensation to victims of international terrorism.

(a) Definitions.

(b) Award of compensation.

(c) Annual report.

10604. Administrative provisions.

(a) Authority of Director to establish rules and

regulations.

(b) Recordkeeping.

(c) Access of Director to books and records for

purpose of audit and examination.

(d) Revealing research or statistical information;

prohibition; immunity from legal proceedings;

permission; admission of information as

evidence.

(e) Discrimination prohibited.

(f) Failure to comply with provisions; notice and

hearing; power of Director.

(g) Report.

(h) Maintenance of effort.

10605. Establishment of Office for Victims of Crime.

(a) Office established within Department of

Justice.

(b) Appointment of Director; authority;

restrictions.

(c) Duties of Director.

10606. Victims' rights.

(a) Best efforts to accord rights.

(b) Rights of crime victims.

(c) No cause of action or defense.

10607. Services to victims.

(a) Designation of responsible officials.

(b) Identification of victims.

(c) Description of services.

(d) No cause of action or defense.

(e) Definitions.

10608. Closed circuit televised court proceedings for victims

of crime.

(a) In general.

(b) Limited access.

(c) Restrictions.

(d) Donations.

(e) Construction.

(f) "State" defined.

(g) Rules.

(h) Effective date.

-End-

-CITE-

42 USC Sec. 10601 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 112 - VICTIM COMPENSATION AND ASSISTANCE

-HEAD-

Sec. 10601. Crime Victims Fund

-STATUTE-

(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 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; and

(5) any gifts, bequests, or donations to the Fund from private

entities or individuals.

(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. 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.

(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)(A) Except as provided in subparagraph (B), the first

$10,000,000 deposited in the Fund shall be available for grants

under section 10603a 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 subparagraph (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

10603a of this title.

(ii) Amounts available under this subparagraph for any fiscal

year shall not exceed $20,000,000.

(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 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 Notification System.

(4) Of the remaining amount to be distributed from the Fund in

a particular fiscal year -

(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; and

(C) 5 percent shall be available for grants under section

10603(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 Director may

replenish any amounts expended from such reserve in subsequent

fiscal years by setting aside up to 5 percent of the amounts

remaining 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 referred to in

subparagraph (A) may be used for supplemental grants under

section 10603b of this title and to provide compensation to

victims of international terrorism under section 10603c of this

title.

(C) Amounts in the antiterrorism emergency reserve established

pursuant to subparagraph (A) may be carried over from fiscal year

to fiscal year. Notwithstanding subsection (c) of this section

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 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 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 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 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) (!3) of title 25.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 1402, Oct. 12, 1984, 98 Stat. 2170;

Pub. L. 99-401, title I, Sec. 102(b)(1), (2), Aug. 27, 1986, 100

Stat. 904; Pub. L. 99-646, Sec. 82, Nov. 10, 1986, 100 Stat. 3619;

Pub. L. 100-690, title VII, Secs. 7121, 7124, Nov. 18, 1988, 102

Stat. 4419, 4422; Pub. L. 101-647, title V, Sec. 504, Nov. 29,

1990, 104 Stat. 4822; Pub. L. 102-572, title X, Sec. 1001, Oct. 29,

1992, 106 Stat. 4520; Pub. L. 103-121, title I, Sec. 110(a), Oct.

27, 1993, 107 Stat. 1164; Pub. L. 103-322, title XXIII, Sec.

230201, title XXXIII, Sec. 330025(a), Sept. 13, 1994, 108 Stat.

2079, 2151; Pub. L. 104-132, title II, Secs. 232(b), (c)(1), 236,

Apr. 24, 1996, 110 Stat. 1243, 1244, 1247; Pub. L. 104-208, div. A,

title I, Sec. 101(a) [title I, Sec. 112], Sept. 30, 1996, 110 Stat.

3009, 3009-21; Pub. L. 105-119, title I, Sec. 109(a), Nov. 26,

1997, 111 Stat. 2457; Pub. L. 106-113, div. B, Sec. 1000(a)(1)

[title I, Sec. 119], Nov. 29, 1999, 113 Stat. 1535, 1501A-22; Pub.

L. 106-177, title I, Sec. 104(a), Mar. 10, 2000, 114 Stat. 36; Pub.

L. 106-386, div. C, Sec. 2003(b), (c)(2), (d), Oct. 28, 2000, 114

Stat. 1544, 1546; Pub. L. 106-553, Sec. 1(a)(2) [title I, Sec. 113,

formerly Sec. 114], Dec. 21, 2000, 114 Stat. 2762, 2762A-68,

renumbered Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 213(a)(2)],

Dec. 21, 2000, 114 Stat. 2763, 2763A-179; amended Pub. L. 107-56,

title VI, Sec. 621(a)-(d), Oct. 26, 2001, 115 Stat. 370, 371; Pub.

L. 107-77, title I, Sec. 111, Nov. 28, 2001, 115 Stat. 765.)

-REFTEXT-

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, as

amended, which is classified principally to chapter 11 (Sec. 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, Secs. 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, Sec. 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,

Sec. 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 (Sec. 801 et seq.) of

Title 10, Armed Forces.

Section 450b of title 25, referred to in subsec. (g)(2), has been

amended, and subsec. (b) of section 450b no longer defines the term

"Indian tribe". However, such term is defined elsewhere in that

section.

-MISC1-

AMENDMENTS

2001 - Subsec. (b)(5). Pub. L. 107-56, Sec. 621(a), added par.

(5).

Subsec. (c). Pub. L. 107-77, Sec. 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, Sec. 621(b), amended heading and text of subsec.

(c) generally.

Subsec. (d)(3). Pub. L. 107-77, Sec. 111(a), inserted before

period at end ", and for a Victim Notification System".

Subsec. (d)(4). Pub. L. 107-56, Sec. 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, Sec. 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, Sec. 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. 106-177 designated 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, Sec. 2003(b)(1), substituted

"$100,000,000" for "$50,000,000".

Subsec. (d)(5)(B). Pub. L. 106-386, Sec. 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, Sec. 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. 106-113 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

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, Sec. 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, Sec. 109(a)(2), substituted "The

first" for "the next".

1996 - Subsec. (c). Pub. L. 104-132, Sec. 232(c)(1)(A),

substituted "under this chapter" for "under this subsection".

Subsec. (d)(3)(B). Pub. L. 104-132, Sec. 236, substituted

"section 10603(a) of this title" for "section 10603a of this

title".

Subsec. (d)(4). Pub. L. 104-132, Sec. 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. 104-208 added par. (5).

Subsec. (e). Pub. L. 104-208 substituted "3 succeeding fiscal

years" for "2 succeeding fiscal years".

Pub. L. 104-132, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 230201(b), substituted

"subsection (d)(2)" for "subsection (d)(2)(D)".

1993 - Subsec. (d)(2)(C), (D). Pub. L. 103-121, Sec. 110(a)(1),

added subpars. (C) and (D).

Subsec. (d)(3). Pub. L. 103-121, Sec. 110(a)(2), substituted

"section 10603a of this title" for "section 10603(a) of this

title".

Subsec. (g)(1). Pub. L. 103-121, Sec. 110(a)(3), substituted

"subsection (d)(2)(D)" for "subsection (d)(2)(A)(iv)".

1992 - Subsec. (c). Pub. L. 102-572, Sec. 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, Sec. 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. 101-647 substituted "1990"

for "1991".

1988 - Subsec. (c). Pub. L. 100-690, Sec. 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, Sec. 7121(b)(2), inserted ",

but not in excess of $110,000,000," after "$105,500,000".

Subsec. (d)(2)(D). Pub. L. 100-690, Sec. 7121(b)(1), added

subpar. (D).

Subsec. (g). Pub. L. 100-690, Sec. 7124, added subsec. (g).

1986 - Subsec. (c)(1). Pub. L. 99-401, Sec. 102(b)(1),

substituted "$110 million" for "$100 million".

Subsec. (d)(2). Pub. L. 99-401, Sec. 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. 99-646 designated existing provision as par.

(1), substituted "Except as provided in paragraph (2), any" for

"Any", and added par. (2).

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

Section 7129 of Pub. L. 100-690, as amended by Pub. L. 101-647,

title V, Sec. 505, Nov. 29, 1990, 104 Stat. 4822, provided that:

"The amendments made by this chapter [probably means this subtitle,

subtitle D (Secs. 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."

EFFECTIVE DATE

Section 1409 of chapter XIV of title II of Pub. L. 98-473

provided that:

"(a) Except as provided in subsection (b), this chapter [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."

SHORT TITLE OF 1996 AMENDMENT

Section 231 of title II of Pub. L. 104-132 provided that: "This

subtitle [subtitle C (Secs. 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'."

SHORT TITLE OF 1990 AMENDMENT

Section 501 of title V of Pub. L. 101-647 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'."

SHORT TITLE

Section 1401 of chapter XIV (Secs. 1401-1411) of title II of Pub.

L. 98-473 provided that: "This chapter [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'."

VICTIMS OF SEPTEMBER 11, 2001

Pub. L. 107-56, title VI, Sec. 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, Sec. 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, Sec. 619, Nov. 28, 2001, 115 Stat. 802, 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)."

LIMITATION ON AMOUNTS AVAILABLE FOR OBLIGATION

Pub. L. 107-77, title VI, Sec. 619, Nov. 28, 2001, 115 Stat. 802,

provided that: "Notwithstanding any other provision of law, amounts

deposited or available in the Fund established under 42 U.S.C.

10601 in any fiscal year in excess of $550,000,000 shall not be

available for obligation until the following fiscal year, with the

exception of emergency appropriations made available by Public Law

107-38 [115 Stat. 220] and transferred to the Fund."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-553, Sec. 1(a)(2) [title VI, Sec. 619], Dec. 21,

2000, 114 Stat. 2762, 2762A-107.

Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title VI, Sec. 620],

Nov. 29, 1999, 113 Stat. 1535, 1501A-55.

INTERACTION WITH ANY CAP

Pub. L. 106-177, title I, Sec. 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.]."

TRANSFER OF CERTAIN UNOBLIGATED FUNDS

Section 109(b) of Pub. L. 105-119 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."

RETROACTIVE TRANSFER TO FUND

Section 7130 of Pub. L. 100-690 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10603, 10603a, 10603b,

10603c, 10604, 10605 of this title; title 18 sections 798, 4048;

title 50 section 783.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be " 'Indian tribe' ".

(!3) See References in Text note below.

-End-

-CITE-

42 USC Sec. 10602 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 112 - VICTIM COMPENSATION AND ASSISTANCE

-HEAD-

Sec. 10602. Crime victim compensation

-STATUTE-

(a) Authority of Director; grants

(1) Except as provided in paragraph (2), the Director shall make

an annual grant from the Fund to an eligible crime victim

compensation program of 40 percent in fiscal year 2002 and of 60

percent in subsequent fiscal years of the amounts awarded during

the preceding fiscal year, other than amounts awarded for property

damage. Except as provided in paragraph (3), 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 of 40 percent in fiscal

year 2002 and of 60 percent in subsequent fiscal years as provided

in paragraph (1), the Director shall make, from the sums available,

a grant to each eligible crime victim compensation program so that

all such programs receive the same percentage of the amounts

awarded by such program during the preceding fiscal year, other

than amounts awarded for property damage.

(3) Not more than 5 percent of a grant made under this section

may be used for 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 cooperation with the

reasonable requests of law enforcement authorities;

(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 compensation awards to victims who are nonresidents

of the State on the basis of the same criteria used to make

awards to victims who are residents 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 compensation programs;

(7) such program does not, except pursuant to rules issued by

the program to prevent unjust enrichment of the offender, deny

compensation to any victim because of that victim'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 compensation to any person

who has been convicted of an offense under Federal law with

respect to any time period during which the person is delinquent

in paying a fine, other monetary penalty, or restitution imposed

for the offense; and

(9) such program provides such other information and assurances

related to the purposes of this section as the Director may

reasonably require.

(c) Exclusion from income, resources, and assets for purposes of

means tests

Notwithstanding any other law (other than title IV of Public Law

107-42), for the purpose of any maximum allowed income, resource,

or asset eligibility requirement in any Federal, State, or local

government program using Federal funds that provides medical or

other assistance (or payment or reimbursement of the cost of such

assistance), any amount of crime victim compensation that the

applicant receives through a crime victim compensation program

under this section shall not be included in the income, resources,

or assets of the applicant, nor shall that amount reduce the amount

of the assistance available to the applicant from Federal, State,

or local government programs using Federal funds, unless the total

amount of assistance that the applicant receives from all such

programs is sufficient to fully compensate the applicant for losses

suffered as a result of the crime.

(d) Definitions

As used in this section -

(1) the term "property damage" does not include damage to

prosthetic devices, eyeglasses or other corrective lenses, or

dental devices;

(2) the term "medical expenses" includes, to the extent

provided under the eligible crime victim compensation program,

expenses for eyeglasses or other corrective lenses, for dental

services and devices and prosthetic devices, and for services

rendered in accordance with a method of healing recognized by the

law of the State;

(3) the term "compensable crime" means a crime the victims of

which are eligible for compensation under the eligible crime

victim compensation program, and includes crimes, whose victims

suffer death or personal injury, that are described in section

247 of title 18, driving while intoxicated, and domestic

violence; and

(4) the term "State" includes the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin Islands,

and any other possession or territory of the United States.

(e) Relationship to certain Federal programs

Notwithstanding any other law, if the compensation paid by an

eligible crime victim compensation program would cover costs that a

Federal program, including the program established under title IV

of Public Law 107-42, or a federally financed State or local

program, would otherwise pay, - (!1)

(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.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 1403, Oct. 12, 1984, 98 Stat. 2171;

Pub. L. 100-690, title VII, Secs. 7123(b)(1)-(3), 7125, 7126, Nov.

18, 1988, 102 Stat. 4421-4423; Pub. L. 103-322, title XXIII, Secs.

230202, 230203, title XXXIII, Sec. 330025(b), Sept. 13, 1994, 108

Stat. 2079, 2151; Pub. L. 104-132, title II, Secs. 233(a), (b),

234(a)(1), (b), Apr. 24, 1996, 110 Stat. 1244, 1245; Pub. L.

104-155, Sec. 5, July 3, 1996, 110 Stat. 1394; Pub. L. 107-56,

title VI, Sec. 622(a)-(e)(1), Oct. 26, 2001, 115 Stat. 371, 372.)

-REFTEXT-

REFERENCES IN TEXT

Title IV of Public Law 107-42, referred to in subsecs. (c) and

(e), is set out as a note under section 40101 of Title 49,

Transportation.

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(1), (2). Pub. L. 107-56, Sec. 622(a), inserted

"in fiscal year 2002 and of 60 percent in subsequent fiscal years"

after "40 percent".

Subsec. (b)(6)(B). Pub. L. 107-56, Sec. 622(b), which directed

striking out "are outside the United States (if the compensable

crime is terrorism, as defined in section 2331 of title 18), or",

was executed by striking out "are outside of the United States (if

the compensable crime is terrorism, as defined in section 2331 of

title 18), or" after "the places the crimes occurred in" to reflect

the probable intent of Congress.

Subsec. (c). Pub. L. 107-56, Sec. 622(c), added subsec. (c) and

struck out heading and text of former subsec. (c). Text read as

follows: "Notwithstanding any other law, for the purpose of any

maximum allowed income eligibility requirement in any Federal,

State, or local government program using Federal funds that

provides medical or other assistance (or payment or reimbursement

of the cost of such assistance) that becomes necessary to an

applicant for such assistance in full or in part because of the

commission of a crime against the applicant, as determined by the

Director, any amount of crime victim compensation that the

applicant receives through a crime victim compensation program

under this section shall not be included in the income of the

applicant until the total amount of assistance that the applicant

receives from all such programs is sufficient to fully compensate

the applicant for losses suffered as a result of the crime."

Subsec. (d)(3). Pub. L. 107-56, Sec. 622(d)(1), struck out

"crimes involving terrorism," after "section 247 of title 18,".

Subsec. (d)(4). Pub. L. 107-56, Sec. 622(d)(2), inserted "the

United States Virgin Islands," after "the Commonwealth of Puerto

Rico,".

Subsec. (e). Pub. L. 107-56, Sec. 622(e)(1), inserted "including

the program established under title IV of Public Law 107-42," after

"Federal program," in introductory provisions.

1996 - Subsec. (b)(6)(B). Pub. L. 104-132, Sec. 233(b), inserted

"are outside of the United States (if the compensable crime is

terrorism, as defined in section 2331 of title 18), or" before "are

States not having".

Subsec. (b)(8), (9). Pub. L. 104-132, Sec. 234(a)(1), added par.

(8) and redesignated former par. (8) as (9).

Subsec. (c). Pub. L. 104-132, Sec. 234(b), added subsec. (c).

Subsec. (d)(3). Pub. L. 104-155 inserted "crimes, whose victims

suffer death or personal injury, that are described in section 247

of title 18," after "includes".

Pub. L. 104-132, Sec. 233(a), substituted "crimes involving

terrorism, driving while intoxicated," for "driving while

intoxicated".

1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 230203(a),

substituted "Except as provided in paragraph (3), a grant" for "A

grant" in last sentence.

Subsec. (a)(3). Pub. L. 103-322, Sec. 230203(b), added par. (3).

Subsec. (b)(1). Pub. L. 103-322, Sec. 330025(b), inserted before

semicolon at end "for - " and subpars. (A) to (C).

Subsec. (e). Pub. L. 103-322, Sec. 230202, added subsec. (e).

1988 - Subsec. (a). Pub. L. 100-690, Secs. 7123(b)(1), (2),

7125(b), substituted "Director" for "Attorney General" and "40

percent" for "35 percent" in pars. (1) and (2).

Subsec. (b)(1). Pub. L. 100-690, Sec. 7125(c)(1), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: "such

program is operated by a State and offers compensation to victims

of crime and survivors of victims of crime 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;".

Subsec. (b)(5). Pub. L. 100-690, Sec. 7125(d), amended par. (5)

generally. Prior to amendment, par. (5) read as follows: "such

program provides compensation to victims of crimes occurring within

such State that would be compensable crimes, but for the fact that

such crimes are subject to Federal jurisdiction, on the same basis

that such program provides compensation to victims of compensable

crimes; and".

Subsec. (b)(6), (7). Pub. L. 100-690, Sec. 7125(a)(1), added

pars. (6) and (7). Former par. (6) redesignated (8).

Subsec. (b)(8). Pub. L. 100-690, Secs. 7123(b)(3), 7125(a)(2),

redesignated par. (6) as (8) and substituted "Director" for

"Attorney General".

Subsec. (c). Pub. L. 100-690, Sec. 7125(e), struck out subsec.

(c) which read as follows: "A State crime victim compensation

program in effect on the date grants may first be made under this

section shall be deemed an eligible crime victim compensation

program for the purposes of this section until the day after the

close of the first regular session of the legislature of that State

that begins after such date."

Subsec. (d)(1). Pub. L. 100-690, Sec. 7126(a), inserted reference

to eyeglasses or other corrective lenses.

Subsec. (d)(2). Pub. L. 100-690, Sec. 7126(b), inserted reference

to eyeglasses or other corrective lenses and inserted comma after

"prosthetic devices".

Subsec. (d)(3). Pub. L. 100-690, Sec. 7125(c)(2), inserted

reference to driving while intoxicated and domestic violence.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 233(d) of Pub. L. 104-132, as amended by Pub. L. 105-119,

title I, Sec. 120, Nov. 26, 1997, 111 Stat. 2468, provided that:

"This section [amending this section] and the amendments made by

this section shall take effect October 1, 1999."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 not applicable with respect to a

State compensation program that was an eligible State crime victim

compensation program on Nov. 18, 1988, until Oct. 1, 1991, see

section 7129 of Pub. L. 100-690, as amended, set out as a note

under section 10601 of this title.

APPLICATION OF AMENDMENT BY SECTION 234(A)(1) OF PUB. L. 104-132

Section 234(a)(2) of Pub. L. 104-132 provided that: "Section

1403(b)(8) of the Victims of Crime Act of 1984 [42 U.S.C.

10602(b)(8)], as added by paragraph (1) of this section, shall not

be applied to deny victims compensation to any person until the

date on which the Attorney General, in consultation with the

Director of the Administrative Office of the United States Courts,

issues a written determination that a cost-effective, readily

available criminal debt payment tracking system operated by the

agency responsible for the collection of criminal debt has

established cost-effective, readily available communications links

with entities that administer Federal victim compensation programs

that are sufficient to ensure that victim compensation is not

denied to any person except as authorized by law."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10601, 10603, 10605 of

this title.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

42 USC Sec. 10603 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 112 - VICTIM COMPENSATION AND ASSISTANCE

-HEAD-

Sec. 10603. Crime victim assistance

-STATUTE-

(a) Grant authority of Director; chief executive of States; amount;

insufficient funds

(1) Subject to the availability of money in the Fund, the

Director shall make an annual grant from any portion of the Fund

made available by section 10601(d)(2) (!1) of this title for the

purpose of grants under this subsection, or for the purpose of

grants under section 10602 of this title but not used for that

purpose, to the chief executive of each State for the financial

support of eligible crime victim assistance programs.

(2) Such chief executive shall -

(A) certify that priority shall be given to eligible crime

victim assistance programs providing assistance to victims of

sexual assault, spousal abuse, or child abuse;

(B) certify that funds shall be made available for grants to

programs which serve previously underserved populations of

victims of violent crime. The Director, after consultation with

State and local officials and representatives from private

organizations, shall issue guidelines to implement this section

that provide flexibility to the States in determining the

populations of victims of violent crimes that may be underserved

in their respective States;

(C) certify that funds awarded to eligible crime victim

assistance programs will not be used to supplant State and local

funds otherwise available for crime victim assistance; and

(D) provide such other information and assurances related to

the purposes of this section as the Director may reasonably

require.

(3) The amounts of grants under paragraph (1) shall be -

(A) the base amount to each State; and

(B) that portion of the then remaining available money to each

State that results from a distribution among the States on the

basis of each State's population in relation to the population of

all States.

(4) If the amount available for grants under paragraph (1) is

insufficient to provide the base amount to each State, the funds

available shall be distributed equally among the States.

(5) As used in this subsection, the term "base amount" means -

(A) except as provided in subparagraph (B), $500,000; and

(B) for the territories of the Northern Mariana Islands, Guam,

American Samoa, and the Republic of Palau, $200,000, with the

Republic of Palau's share governed by the Compact of Free

Association between the United States and the Republic of Palau.

(6) An agency of the Federal Government performing local law

enforcement functions in and on behalf of the District of Columbia,

the Commonwealth of Puerto Rico, the United States Virgin Islands,

or any other territory or possession of the United States may

qualify as an eligible crime victim assistance program for the

purpose of grants under this subsection, or for the purpose of

grants under subsection (c)(1) of this section.

(b) Eligibility of program; factors; limitation on expending of

sums

(1) A victim assistance program is an eligible crime victim

assistance program for the purposes of this section if such program

-

(A) is operated by a public agency or a nonprofit organization,

or a combination of such agencies or organizations or of both

such agencies and organizations, and provides services to victims

of crime;

(B) demonstrates -

(i) a record of providing effective services to victims of

crime and financial support from sources other than the Fund;

or

(ii) substantial financial support from sources other than

the Fund;

(C) utilizes volunteers in providing such services, unless and

to the extent the chief executive determines that compelling

reasons exist to waive this requirement;

(D) promotes within the community served coordinated public and

private efforts to aid crime victims;

(E) assists potential recipients in seeking crime victim

compensation benefits; and

(F) does not discriminate against victims because they disagree

with the way the State is prosecuting the criminal case.

(2) Except as provided in paragraph (3), an eligible crime victim

assistance program shall expend sums received under subsection (a)

of this section only for providing services to victims of crime.

(3) Not more than 5 percent of sums received under subsection (a)

of this section may be used for the administration of the State

crime victim assistance program receiving such sums.

(c) Grants: purposes; distribution; duties of Director;

reimbursement by Director

(1) The Director,(!2) shall make grants -

(A) for demonstration projects, program evaluation, compliance

efforts, and training and technical assistance services to

eligible crime victim assistance programs; and

(B) for the financial support of services to victims of Federal

crime by eligible crime victim assistance programs.

(2) Of the amount available for grants under this subsection -

(A) not less than 50 percent shall be used for grants under

paragraph (1)(A); and

(B) not more than 50 percent shall be used for grants under

paragraph (1)(B).

(3) The Director shall -

(A) be responsible for monitoring compliance with guidelines

for fair treatment of crime victims and witnesses issued under

section 6 of the Victim and Witness Protection Act of 1982

(Public Law 97-291) [18 U.S.C. 1512 note];

(B) consult with the heads of Federal law enforcement agencies

that have responsibilities affecting victims of Federal crimes;

(C) coordinate victim services provided by the Federal

Government with victim services offered by other public agencies

and nonprofit organizations;

(D) perform such other functions related to the purposes of

this title (!3) as the Director deems appropriate; and

(E) use funds made available to the Director under this

subsection -

(i) for fellowships and clinical internships; and

(ii) to carry out programs of training and special workshops

for the presentation and dissemination of information resulting

from demonstrations, surveys, and special projects.

(4) The Director may reimburse other instrumentalities of the

Federal Government and contract for the performance of functions

authorized under this subsection.

(d) Definitions

As used in this section -

(1) the term "State" includes the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin Islands,

and any other territory or possession of the United States; and

(2) the term "services to victims of crime" includes -

(A) crises intervention services;

(B) providing, in an emergency, transportation to court,

short-term child care services, and temporary housing and

security measures;

(C) assistance in participating in criminal justice

proceedings; and

(D) payment of all reasonable costs for a forensic medical

examination of a crime victim, to the extent that such costs

are otherwise not reimbursed or paid;

(3) the term "services to victims of Federal crime" means

services to victims of crime with respect to Federal crime, and

includes -

(A) training of law enforcement personnel in the delivery of

services to victims of Federal crime;

(B) preparation, publication, and distribution of

informational materials -

(i) setting forth services offered to victims of crime; and

(ii) concerning services to victims of Federal crime for

use by Federal law enforcement personnel; and

(C) salaries of personnel who provide services to victims of

crime, to the extent that such personnel provide such services;

(4) the term "crises intervention services" means counseling to

provide emotional support in crises arising from the occurrence

of crime; and

(5) the term "chief executive" includes a person designated by

a chief executive to perform the functions of the chief executive

under this section.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 1404, Oct. 12, 1984, 98 Stat. 2172;

Pub. L. 99-401, title I, Sec. 102(b)(4), (5), Aug. 27, 1986, 100

Stat. 905; Pub. L. 99-646, Sec. 71, Nov. 10, 1986, 100 Stat. 3617;

Pub. L. 100-690, title VII, Secs. 7122, 7123(b)(4)-(9), 7127, 7128,

title IX, Sec. 9306(a), Nov. 18, 1988, 102 Stat. 4420, 4421, 4423,

4537; Pub. L. 103-317, title I, Sec. 112, Aug. 26, 1994, 108 Stat.

1736; Pub. L. 103-322, title XXIII, Secs. 230204, 230205, 230208,

Sept. 13, 1994, 108 Stat. 2080; Pub. L. 104-132, title II, Sec.

232(c)(2), Apr. 24, 1996, 110 Stat. 1244; Pub. L. 107-56, title VI,

Sec. 623, Oct. 26, 2001, 115 Stat. 372.)

-REFTEXT-

REFERENCES IN TEXT

Section 10601(d)(2) of this title, referred to in subsec. (a)(1),

was repealed and a new section 10601(d)(2) was added by Pub. L.

103-322, title XXIII, Sec. 230201(a)(1), Sept. 13, 1994, 108 Stat.

2079. The new section 10601(d)(2) does not contain provisions

relating to availability of Fund money for grants under this

section or section 10602 of this title. See section 10601(d)(4) of

this title.

This title, referred to in subsec. (c)(3)(D), means title II of

Pub. L. 98-473, Oct. 12, 1984, 98 Stat. 1976, known as the

Comprehensive Crime Control Act of 1984. For complete

classification of title II to the Code, see Short Title of 1984

Amendment note set out under section 1 of Title 18, Crimes and

Criminal Procedure, and Tables.

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(6). Pub. L. 107-56, Sec. 623(a), added par.

(6).

Subsec. (b)(1)(F). Pub. L. 107-56, Sec. 623(b), added subpar.

(F).

Subsec. (c)(1)(A). Pub. L. 107-56, Sec. 623(c), inserted ",

program evaluation, compliance efforts," after "demonstration

projects".

Subsec. (c)(2)(A). Pub. L. 107-56, Sec. 623(d)(1), substituted

"not less than 50 percent" for "not more than 50 percent".

Subsec. (c)(2)(B). Pub. L. 107-56, Sec. 623(d)(2), substituted

"not more than 50 percent" for "not less than 50 percent".

Subsec. (c)(3)(E). Pub. L. 107-56, Sec. 623(e), added subpar.

(E).

1996 - Subsec. (a)(5). Pub. L. 104-132 amended par. (5)

generally. Prior to amendment, par. (5) read as follows: "As used

in this subsection, the term 'base amount' means -

"(A) $150,000 for fiscal years 1989 through 1991; and

"(B) $200,000 thereafter."

1994 - Subsec. (a)(5)(B). Pub. L. 103-322, Sec. 230208, amended

subpar. (B) generally. Prior to amendment, subpar. (B) read as

follows: "$200,000 thereafter through fiscal year 1995."

Pub. L. 103-317 substituted "1995" for "1994".

Subsec. (b)(2). Pub. L. 103-322, Sec. 230205(a), substituted

"Except as provided in paragraph (3), an eligible" for "An

eligible".

Subsec. (b)(3). Pub. L. 103-322, Sec. 230205(b), added par. (3).

Subsec. (c)(1)(A). Pub. L. 103-322, Sec. 230204, inserted

"demonstration projects and" before "training".

1988 - Subsec. (a)(1). Pub. L. 100-690, Sec. 7123(b)(4),

substituted "Director" for "Attorney General".

Subsec. (a)(2)(B). Pub. L. 100-690, Sec. 7122(1), added subpar.

(B). Former subpar. (B) redesignated (C).

Subsec. (a)(2)(C). Pub. L. 100-690, Sec. 7122(2), redesignated

subpar. (B) as (C). Former subpar. (C) redesignated (D).

Subsec. (a)(2)(D). Pub. L. 100-690, Sec. 7123(b)(5), which

directed substitution of "Director" for "Attorney General" in

subpar. (C), was executed by making substitution in subpar. (D) to

reflect the probable intent of Congress and the intervening

redesignation of subpar. (C) as (D), see below.

Pub. L. 100-690, Sec. 7122(2), redesignated subpar. (C) as (D).

Subsec. (a)(3) to (5). Pub. L. 100-690, Sec. 7128, substituted

"the base amount" for "$100,000" in pars. (3)(A) and (4) and added

par. (5).

Subsec. (c)(1). Pub. L. 100-690, Sec. 7123(b)(6), substituted

"Director" for "Attorney General, acting through the Assistant

Attorney General for the Office of Justice Programs".

Subsec. (c)(3). Pub. L. 100-690, Sec. 7123(b)(7), (8),

substituted "Director" for "Assistant Attorney General for the

Office of Justice Programs" in introductory provisions and

"Director deems appropriate" for "Attorney General may assign" in

subpar. (D).

Subsec. (c)(4). Pub. L. 100-690, Sec. 7123(b)(9), substituted

"Director" for "Attorney General".

Subsec. (d)(1). Pub. L. 100-690, Sec. 9306(a), struck out ",

except for the purposes of paragraphs (3)(A) and (4) of subsection

(a) of this section," before "any other territory".

Pub. L. 100-690, Sec. 7127, inserted reference to the United

States Virgin Islands.

1986 - Subsec. (a)(1). Pub. L. 99-401, Sec. 102(b)(5),

substituted "made available by section 10601(d)(2) of this title

for the purpose of grants under this subsection, or for the purpose

of grants under section 10602 of this title but not used for that

purpose" for "not used for grants under section 10602 of this title

with respect to a particular fiscal year, and after any deduction

under subsection (c) of this section".

Subsec. (c)(1), (2). Pub. L. 99-401, Sec. 102(b)(4), added pars.

(1) and (2) and struck out former pars. (1) and (2) which read as

follows:

"(1) The Attorney General may in any fiscal year deduct from

amounts available under this section an amount not to exceed 5

percent of the amount in the Fund, and may expend the amount so

deducted to provide services to victims of Federal crimes by the

Department of Justice, or reimburse other instrumentalities of the

Federal Government otherwise authorized to provide such services.

"(2) The Attorney General shall appoint or designate an official

of the Department of Justice to be the Federal Crime Victim

Assistance Administrator (hereinafter in this chapter referred to

as the 'Federal Administrator') to exercise the responsibilities of

the Attorney General under this subsection."

Subsec. (c)(2)(A). Pub. L. 99-646, Sec. 71(1), substituted "not

more than" for "not less than".

Subsec. (c)(2)(B). Pub. L. 99-646, Sec. 71(2), substituted "not

less than" for "not more than".

Subsec. (c)(3). Pub. L. 99-401, Sec. 102(b)(4), substituted "The

Assistant Attorney General for the Office of Justice Programs

shall" for "The Federal Administrator shall".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by sections 7122, 7123(b)(4)-(9), 7127, and 7128 of

Pub. L. 100-690 not applicable with respect to a State compensation

program that was an eligible State crime victim compensation

program on Nov. 18, 1988, until Oct. 1, 1991, see section 7129 of

Pub. L. 100-690, as amended, set out as a note under section 10601

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10601, 10603a, 10603b,

10605 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. The comma probably should not appear.

(!3) See References in Text note below.

-End-

-CITE-

42 USC Sec. 10603a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 112 - VICTIM COMPENSATION AND ASSISTANCE

-HEAD-

Sec. 10603a. Child abuse prevention and treatment grants

-STATUTE-

Amounts made available by section 10601(d)(2) of this title for

the purposes of this section shall be obligated and expended by the

Secretary of Health and Human Services for grants under section

5106c (!1) of this title. Any portion of an amount which is not

obligated by the Secretary by the end of the fiscal year in which

funds are made available for allocation, shall be reallocated for

award under section 10603(a) of this title, except that with

respect to funds deposited during fiscal year 1986 and made

available for obligation during fiscal year 1987, any unobligated

portion of such amount shall remain available for obligation until

September 30, 1988.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 1404A, as added Pub. L. 99-401,

title I, Sec. 102(b)(3), Aug. 27, 1986, 100 Stat. 905; amended Pub.

L. 103-121, title I, Sec. 110(b), Oct. 27, 1993, 107 Stat. 1164;

Pub. L. 104-235, title I, Sec. 113(b), Oct. 3, 1996, 110 Stat.

3079.)

-REFTEXT-

REFERENCES IN TEXT

Section 5106c of this title, referred to in text, was in the

original "section 109 of the Child Abuse Prevention and Treatment

Act", meaning section 109 of Pub. L. 93-247, and was translated as

reading section 107 of that act to reflect the probable intent of

Congress and the renumbering of section 109 as section 107 by

section 113(a)(1)(B) of Pub. L. 104-235, title I, Oct. 3, 1996, 110

Stat. 3079.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-235 substituted "section 10601(d)(2) of this

title" for "section 10601(d)(2)(D) and (d)(3) of this title." and

"section 5106c" for "section 5103(d)".

1993 - Pub. L. 103-121 substituted "section 10601(d)(2)(D) and

(d)(3) of this title." for "section 10601(d)(2) of this title".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5106c, 5106f, 10601 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 10603b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 112 - VICTIM COMPENSATION AND ASSISTANCE

-HEAD-

Sec. 10603b. Compensation and assistance to victims of terrorism or

mass violence

-STATUTE-

(a) Victims of acts of terrorism outside the United States

(1) In general

The Director may make supplemental grants as provided in

10601(d)(5) (!1) of this title to States, victim service

organizations, and public agencies (including Federal, State, or

local governments) and nongovernmental organizations that provide

assistance to victims of crime, which shall be used to provide

emergency relief, including crisis response efforts, assistance,

training, and technical assistance, and ongoing assistance,

including during any investigation or prosecution, to victims of

terrorist acts or mass violence occurring outside the United

States.

(2) Victim defined

In this subsection, the term "victim" -

(A) means a person who is a national of the United States or

an officer or employee of the United States Government who is

injured or killed as a result of a terrorist act or mass

violence occurring outside the United States; and

(B) in the case of a person described in subparagraph (A) who

is less than 18 years of age, incompetent, incapacitated, or

deceased, includes a family member or legal guardian of that

person.

(3) Rule of construction

Nothing in this subsection shall be construed to allow the

Director to make grants to any foreign power (as defined by

section 1801(a) of title 50) or to any domestic or foreign

organization operated for the purpose of engaging in any

significant political or lobbying activities.

(b) Victims of terrorism within the United States

The Director may make supplemental grants as provided in section

10601(d)(5) of this title to States for eligible crime victim

compensation and assistance programs, and to victim service

organizations, public agencies (including Federal, State, or local

governments) and nongovernmental organizations that provide

assistance to victims of crime, which shall be used to provide

emergency relief, including crisis response efforts, assistance,

compensation, training and technical assistance, and ongoing

assistance, including during any investigation or prosecution, to

victims of terrorist acts or mass violence occurring within the

United States.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 1404B, as added Pub. L. 104-132,

title II, Sec. 232(a), Apr. 24, 1996, 110 Stat. 1243; amended Pub.

L. 106-386, div. C, Sec. 2003(a)(1), (4), Oct. 28, 2000, 114 Stat.

1543, 1544; Pub. L. 107-56, title VI, Sec. 624(a), (b), Oct. 26,

2001, 115 Stat. 373.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-56, Sec. 624(b), struck out

"who are not persons eligible for compensation under title VIII of

the Omnibus Diplomatic Security and Antiterrorism Act of 1986"

before period at end.

Subsec. (b). Pub. L. 107-56, Sec. 624(a), amended heading and

text of subsec. (b) generally. Prior to amendment, text read as

follows: "The Director may make supplemental grants as provided in

section 10601(d)(5) of this title to States for eligible crime

victim compensation and assistance programs to provide emergency

relief, including crisis response efforts, assistance, training,

and technical assistance, for the benefit of victims of terrorist

acts or mass violence occurring within the United States and may

provide funding to United States Attorney's Offices for use in

coordination with State victim compensation and assistance efforts

in providing emergency relief."

2000 - Subsec. (a). Pub. L. 106-386, Sec. 2003(a)(1), amended

heading and text of subsec. (a) generally. Prior to amendment, text

read as follows: "The Director may make supplemental grants as

provided in section 10603(a) of this title to States to provide

compensation and assistance to the residents of such States who,

while outside of the territorial boundaries of the United States,

are victims of a terrorist act or mass violence and are not persons

eligible for compensation under title VIII of the Omnibus

Diplomatic Security and Antiterrorism Act of 1986."

Subsec. (b). Pub. L. 106-386, Sec. 2003(a)(4), substituted

"10601(d)(5) of this title" for "10603(d)(4)(B) of this title".

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-386, div. C, Sec. 2003(a)(2), Oct. 28, 2000, 114

Stat. 1544, provided that: "The amendment made by this subsection

[amending this section] shall apply to any terrorist act or mass

violence occurring on or after December 21, 1988, with respect to

which an investigation or prosecution was ongoing after April 24,

1996."

ADMINISTRATIVE GUIDELINES

Pub. L. 106-386, div. C, Sec. 2003(a)(3), Oct. 28, 2000, 114

Stat. 1544, provided that: "Not later than 90 days after the date

of the enactment of this Act [Oct. 28, 2000], the Director shall

establish guidelines under section 1407(a) of the Victims of Crime

Act of 1984 (42 U.S.C. 10604(a)) to specify the categories of

organizations and agencies to which the Director may make grants

under this subsection [amending this section and enacting

provisions set out as a note under this section]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10601 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be preceded by "section".

-End-

-CITE-

42 USC Sec. 10603c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 112 - VICTIM COMPENSATION AND ASSISTANCE

-HEAD-

Sec. 10603c. Compensation to victims of international terrorism

-STATUTE-

(a) Definitions

In this section:

(1) International terrorism

The term "international terrorism" has the meaning given the

term in section 2331 of title 18.

(2) National of the United States

The term "national of the United States" has the meaning given

the term in section 1101(a) of title 8.

(3) Victim

(A) In general

The term "victim" means a person who -

(i) suffered direct physical or emotional injury or death

as a result of international terrorism occurring on or after

December 21, 1988 with respect to which an investigation or

prosecution was ongoing after April 24, 1996; and

(ii) as of the date on which the international terrorism

occurred, was a national of the United States or an officer

or employee of the United States Government.

(B) Incompetent, incapacitated, or deceased victims

In the case of a victim who is less than 18 years of age,

incompetent, incapacitated, or deceased, a family member or

legal guardian of the victim may receive the compensation under

this section on behalf of the victim.

(C) Exception

Notwithstanding any other provision of this section, in no

event shall an individual who is criminally culpable for the

terrorist act or mass violence receive any compensation under

this section, either directly or on behalf of a victim.

(b) Award of compensation

The Director may use the emergency reserve referred to in section

10601(d)(5)(A) of this title to carry out a program to compensate

victims of acts of international terrorism that occur outside the

United States for expenses associated with that victimization. The

amount of compensation awarded to a victim under this subsection

shall be reduced by any amount that the victim received in

connection with the same act of international terrorism under title

VIII of the Omnibus Diplomatic Security and Antiterrorism Act of

1986.

(c) Annual report

The Director shall annually submit to Congress a report on the

status and activities of the program under this section, which

report shall include -

(1) an explanation of the procedures for filing and processing

of applications for compensation;

(2) a description of the procedures and policies instituted to

promote public awareness about the program;

(3) a complete statistical analysis of the victims assisted

under the program, including -

(A) the number of applications for compensation submitted;

(B) the number of applications approved and the amount of

each award;

(C) the number of applications denied and the reasons for the

denial;

(D) the average length of time to process an application for

compensation; and

(E) the number of applications for compensation pending and

the estimated future liability of the program; and

(4) an analysis of future program needs and suggested program

improvements.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 1404C, as added Pub. L. 106-386,

div. C, Sec. 2003(c)(1), Oct. 28, 2000, 114 Stat. 1544; amended

Pub. L. 107-56, title VI, Sec. 624(c), Oct. 26, 2001, 115 Stat.

373.)

-REFTEXT-

REFERENCES IN TEXT

The Omnibus Diplomatic Security and Antiterrorism Act of 1986,

referred to in subsec. (b), is Pub. L. 99-399, Aug. 27, 1986, 100

Stat. 853, as amended. Title VIII of the Act, known as the "Victims

of Terrorism Compensation Act", enacted sections 5569 and 5570 of

Title 5, Government Organization and Employees, sections 1051,

1095, and 2181 to 2185 of Title 10, Armed Forces, and sections 559

and 1013 of Title 37, Pay and Allowances of the Uniformed Services,

amended section 6325 of Title 5, and enacted provisions set out as

notes under section 5569 of Title 5, sections 1051, 1095, and 2181

of Title 10, and section 559 of Title 37. For complete

classification of title VIII to the Code, see Short Title of 1986

Amendment note set out under section 5569 of Title 5 and Tables.

-MISC1-

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-56 inserted at end "The amount of

compensation awarded to a victim under this subsection shall be

reduced by any amount that the victim received in connection with

the same act of international terrorism under title VIII of the

Omnibus Diplomatic Security and Antiterrorism Act of 1986."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10601 of this title.

-End-

-CITE-

42 USC Sec. 10604 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 112 - VICTIM COMPENSATION AND ASSISTANCE

-HEAD-

Sec. 10604. Administrative provisions

-STATUTE-

(a) Authority of Director to establish rules and regulations

The Director may establish such rules, regulations, guidelines,

and procedures as are necessary to carry out any function of the

Director under this chapter.

(b) Recordkeeping

Each recipient of sums under this chapter shall keep such records

as the Director shall prescribe, including records that fully

disclose the amount and disposition by such recipient of such sums,

the total cost of the undertaking for which such sums are used, and

that portion of the cost of the undertaking supplied by other

sources, and such other records as will facilitate an effective

audit.

(c) Access of Director to books and records for purpose of audit

and examination

The Director shall have access, for purpose of audit and

examination, to any books, documents, papers, and records of the

recipient of sums under this chapter that, in the opinion of the

Director, may be related to the expenditure of funds received under

this chapter.

(d) Revealing research or statistical information; prohibition;

immunity from legal proceedings; permission; admission of

information as evidence

Except as otherwise provided by Federal law, no officer or

employee of the Federal Government, and no recipient of sums under

this chapter, shall use or reveal any research or statistical

information furnished under this chapter by any person and

identifiable to any specific private person for any purpose other

than the purpose for which such information was obtained in

accordance with this chapter. Such information, and any copy of

such information, shall be immune from legal process and shall not,

without the consent of the person furnishing such information, be

admitted as evidence or used for any purpose in any action, suit,

or other judicial, legislative, or administrative proceeding.

(e) Discrimination prohibited

No person shall on the ground of race, color, religion, national

origin, handicap, or sex be excluded from participation in, denied

the benefits of, subjected to discrimination under, or denied

employment in connection with, any undertaking funded in whole or

in part with sums made available under this chapter.

(f) Failure to comply with provisions; notice and hearing; power of

Director

If, after reasonable notice and opportunity for a hearing on the

record, the Director finds that a State has failed to comply

substantially with any provision of this chapter or a rule,

regulation, guideline, or procedure issued under this chapter, or

an application submitted in accordance with this chapter or the

provisions of any other applicable law, the Director shall -

(1) terminate payments to such State;

(2) suspend payments to such State until the Director is

satisfied that such noncompliance has ended; or

(3) take such other action as the Director deems appropriate.

(g) Report

The Director shall, on December 31, 1990, and on June 30 every

two years thereafter, report to the President and to the Congress

on the revenue derived from each source described in section 10601

of this title and on the effectiveness of the activities supported

under this chapter. The Director may include in such report

recommendations for legislation to improve this chapter.

(h) Maintenance of effort

Each entity receiving sums made available under this chapter for

administrative purposes shall certify that such sums will not be

used to supplant State or local funds, but will be used to increase

the amount of such funds that would, in the absence of Federal

funds, be made available for these purposes.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 1407, Oct. 12, 1984, 98 Stat. 2176;

Pub. L. 99-646, Sec. 48, Nov. 10, 1986, 100 Stat. 3605; Pub. L.

100-690, title VII, Sec. 7123(b)(10)-(14), Nov. 18, 1988, 102 Stat.

4421, 4422; Pub. L. 103-322, title XXIII, Secs. 230206, 230207,

Sept. 13, 1994, 108 Stat. 2080; Pub. L. 104-294, title VI, Sec.

604(b)(9), Oct. 11, 1996, 110 Stat. 3507.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (h), was in the original

"this Act", and was translated as reading "this chapter", meaning

chapter XIV of title II of Pub. L. 98-473, to reflect the probable

intent of Congress.

-MISC1-

AMENDMENTS

1996 - Subsec. (g). Pub. L. 104-294 amended directory language of

Pub. L. 103-322, Sec. 230207. See 1994 Amendment note below.

1994 - Subsec. (g). Pub. L. 103-322, Sec. 230207, as amended by

Pub. L. 104-294, substituted "and on June 30 every two years

thereafter" for "and on December 31 every 2 years thereafter".

Subsec. (h). Pub. L. 103-322, Sec. 230206, added subsec. (h).

1988 - Subsec. (a). Pub. L. 100-690, Sec. 7123(b)(10),

substituted "Director" for "Attorney General" in two places and

"under this chapter" for "under this chapter and may delegate to

any officer or employee of the Department of Justice any such

function as the Attorney General deems appropriate".

Subsec. (b). Pub. L. 100-690, Sec. 7123(b)(11), substituted

"Director" for "Attorney General".

Subsec. (c). Pub. L. 100-690, Sec. 7123(b)(12), which directed

substitution of "Director" for "Attorney General or any duly

authorized representative of the Attorney General", was executed by

making substitution in two places.

Subsec. (f). Pub. L. 100-690, Sec. 7123(b)(13), substituted

"Director" for "Attorney General" two places in introductory

provisions and in pars. (2) and (3).

Subsec. (g). Pub. L. 100-690, Sec. 7123(b)(14), substituted

"Director" for "Attorney General" in two places and "on December

31, 1990, and on December 31 every 2 years thereafter" for "no

later than December 31, 1987".

1986 - Subsecs. (g), (h). Pub. L. 99-646 redesignated subsec. (h)

as (g) and substituted "1402", which was translated as "section

10601 of this title" for "1302", which had been editorially

translated as "section 10601 of this title", thereby requiring no

change in text.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-690 not applicable with respect to a

State compensation program that was an eligible State crime victim

compensation program on Nov. 18, 1988, until Oct. 1, 1991, see

section 7129 of Pub. L. 100-690, as amended, set out as a note

under section 10601 of this title.

REPORTS ON AMOUNTS RECEIVED AND DISTRIBUTED FROM FINES FOR

VIOLATIONS OF TRADE SECRETS PROVISIONS

Section 101(c) of Pub. L. 104-294 provided that: "Not later than

2 years and 4 years after the date of the enactment of this Act

[Oct. 11, 1996], the Attorney General shall report to Congress on

the amounts received and distributed from fines for offenses under

this chapter [probably means chapter 90 of title 18, added by

section 101(a) of Pub. L. 104-294] deposited in the Crime Victims

Fund established by section 1402 of the Victims of Crime Act of

1984 (42 U.S.C. 10601)."

-End-

-CITE-

42 USC Sec. 10605 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 112 - VICTIM COMPENSATION AND ASSISTANCE

-HEAD-

Sec. 10605. Establishment of Office for Victims of Crime

-STATUTE-

(a) Office established within Department of Justice

There is established within the Department of Justice an Office

for Victims of Crime (hereinafter in this chapter referred to as

the "Office").

(b) Appointment of Director; authority; restrictions

The Office shall be headed by a Director (referred to in this

chapter as the "Director"), who shall be appointed by the

President, by and with the advice and consent of the Senate. The

Director shall report to the Attorney General through the Assistant

Attorney General for the Office of Justice Programs and shall have

final authority for all grants, cooperative agreements, and

contracts awarded by the Office. The Director shall not engage in

any employment other than that of serving as the Director, nor

shall the Director hold any office in, or act in any capacity for,

any organization, agency, or institution with which the Office

makes any contract or other agreement under this chapter.(!1)

(c) Duties of Director

The Director shall have the following duties:

(1) Administering funds made available by section 10601 of this

title.

(2) Providing funds to eligible States pursuant to sections

10602 and 10603 of this title.

(3) Establishing programs in accordance with section 10603(c)

of this title on terms and conditions determined by the Director

to be consistent with that subsection.

(4) Cooperating with and providing technical assistance to

States, units of local government, and other public and private

organizations or international agencies involved in activities

related to crime victims.

(5) Such other functions as the Attorney General may delegate.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 1411, as added Pub. L. 100-690,

title VII, Sec. 7123(a), Nov. 18, 1988, 102 Stat. 4420.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, the last place it appears in subsec. (b), was in

the original "this part", which has been translated as reading in

the original "this chapter" meaning chapter XIV of title II of Pub.

L. 98-473 to reflect the probable intent of Congress because

chapter XIV of title II of Pub. L. 98-473 which comprises this

chapter, does not contain parts.

-MISC1-

EFFECTIVE DATE

Section not applicable with respect to a State compensation

program that was an eligible State crime victim compensation

program on Nov. 18, 1988, until Oct. 1, 1991, see section 7129 of

Pub. L. 100-690, as amended, set out as an Effective Date of 1988

Amendment note under section 10601 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 10606 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 112 - VICTIM COMPENSATION AND ASSISTANCE

-HEAD-

Sec. 10606. Victims' rights

-STATUTE-

(a) Best efforts to accord rights

Officers and employees of the Department of Justice and other

departments and agencies of the United States engaged in the

detection, investigation, or prosecution of crime shall make their

best efforts to see that victims of crime are accorded the rights

described in subsection (b) of this section.

(b) Rights of crime victims

A crime victim has the following rights:

(1) The right to be treated with fairness and with respect for

the victim's dignity and privacy.

(2) The right to be reasonably protected from the accused

offender.

(3) The right to be notified of court proceedings.

(4) The right to be present at all public court proceedings

related to the offense, unless the court determines that

testimony by the victim would be materially affected if the

victim heard other testimony at trial.

(5) The right to confer with (!1) attorney for the Government

in the case.

(6) The right to restitution.

(7) The right to information about the conviction, sentencing,

imprisonment, and release of the offender.

(c) No cause of action or defense

This section does not create a cause of action or defense in

favor of any person arising out of the failure to accord to a

victim the rights enumerated in subsection (b) of this section.

-SOURCE-

(Pub. L. 101-647, title V, Sec. 502, Nov. 29, 1990, 104 Stat.

4820.)

-COD-

CODIFICATION

Section enacted as part of the Victims' Rights and Restitution

Act of 1990 and also as part of the Crime Control Act of 1990, and

not as part of the Victims of Crime Act of 1984 which comprises

this chapter.

-MISC1-

SENSE OF CONGRESS WITH RESPECT TO VICTIMS OF CRIME

Section 506 of Pub. L. 101-647 provided that: "It is the sense of

Congress that the States should make every effort to adopt the

following goals of the Victims of Crime Bill of Rights:

"(1) Victims of crime should be treated with compassion,

respect and dignity throughout the criminal justice process.

"(2) Victims of crime should be reasonably protected from the

accused throughout the criminal justice process.

"(3) Victims of crime should have a statutorily designated

advisory role in decisions involving prosecutorial discretion,

such as the decision to plea-bargain.

"(4) Victims of crime should have the right to a reasonable

assurance that the accused will be tried in an expeditious

manner.

"(5) A victim of crime should have the right to be present at

all proceedings related to the offense against him, unless the

victim is to testify and the court determines that the victim's

testimony would be materially prejudiced by hearing other

testimony at the trial.

"(6) Victims of crime should have the right to information

about the conviction, sentencing and imprisonment of the person

who committed the crime against them.

"(7) Victims of crime should be compensated for the damage

resulting from the crime to the fullest extent possible by the

person convicted of the crime.

"(8) Victims of crime should have a statutorily designated

advisory role in deciding the early release status of the person

convicted of the crime against them.

"(9) A victim of crime should never be forced to endure again

the emotional and physical consequences of the original crime."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10607 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "the".

-End-

-CITE-

42 USC Sec. 10607 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 112 - VICTIM COMPENSATION AND ASSISTANCE

-HEAD-

Sec. 10607. Services to victims

-STATUTE-

(a) Designation of responsible officials

The head of each department and agency of the United States

engaged in the detection, investigation, or prosecution of crime

shall designate by names and office titles the persons who will be

responsible for identifying the victims of crime and performing the

services described in subsection (c) of this section at each stage

of a criminal case.

(b) Identification of victims

At the earliest opportunity after the detection of a crime at

which it may be done without interfering with an investigation, a

responsible official shall -

(1) identify the victim or victims of a crime;

(2) inform the victims of their right to receive, on request,

the services described in subsection (c) of this section; and

(3) inform each victim of the name, title, and business address

and telephone number of the responsible official to whom the

victim should address a request for each of the services

described in subsection (c) of this section.

(c) Description of services

(1) A responsible official shall -

(A) inform a victim of the place where the victim may receive

emergency medical and social services;

(B) inform a victim of any restitution or other relief to which

the victim may be entitled under this or any other law and (!1)

manner in which such relief may be obtained;

(C) inform a victim of public and private programs that are

available to provide counseling, treatment, and other support to

the victim; and

(D) assist a victim in contacting the persons who are

responsible for providing the services and relief described in

subparagraphs (A), (B), and (C).

(2) A responsible official shall arrange for a victim to receive

reasonable protection from a suspected offender and persons acting

in concert with or at the behest of the suspected offender.

(3) During the investigation and prosecution of a crime, a

responsible official shall provide a victim the earliest possible

notice of -

(A) the status of the investigation of the crime, to the extent

it is appropriate to inform the victim and to the extent that it

will not interfere with the investigation;

(B) the arrest of a suspected offender;

(C) the filing of charges against a suspected offender;

(D) the scheduling of each court proceeding that the witness is

either required to attend or, under section 10606(b)(4) (!2) of

this title, is entitled to attend;

(E) the release or detention status of an offender or suspected

offender;

(F) the acceptance of a plea of guilty or nolo contendere or

the rendering of a verdict after trial; and

(G) the sentence imposed on an offender, including the date on

which the offender will be eligible for parole.

(4) During court proceedings, a responsible official shall ensure

that a victim is provided a waiting area removed from and out of

the sight and hearing of the defendant and defense witnesses.

(5) After trial, a responsible official shall provide a victim

the earliest possible notice of -

(A) the scheduling of a parole hearing for the offender;

(B) the escape, work release, furlough, or any other form of

release from custody of the offender; and

(C) the death of the offender, if the offender dies while in

custody.

(6) At all times, a responsible official shall ensure that any

property of a victim that is being held for evidentiary purposes be

maintained in good condition and returned to the victim as soon as

it is no longer needed for evidentiary purposes.

(7) The Attorney General or the head of another department or

agency that conducts an investigation of a sexual assault shall

pay, either directly or by reimbursement of payment by the victim,

the cost of a physical examination of the victim which an

investigating officer determines was necessary or useful for

evidentiary purposes. The Attorney General shall provide for the

payment of the cost of up to 2 anonymous and confidential tests of

the victim for sexually transmitted diseases, including HIV,

gonorrhea, herpes, chlamydia, and syphilis, during the 12 months

following sexual assaults that pose a risk of transmission, and the

cost of a counseling session by a medically trained professional on

the accuracy of such tests and the risk of transmission of sexually

transmitted diseases to the victim as the result of the assault. A

victim may waive anonymity and confidentiality of any tests paid

for under this section.

(8) A responsible official shall provide the victim with general

information regarding the corrections process, including

information about work release, furlough, probation, and

eligibility for each.

(d) No cause of action or defense

This section does not create a cause of action or defense in

favor of any person arising out of the failure of a responsible

person to provide information as required by subsection (b) or (c)

of this section.

(e) Definitions

For the purposes of this section -

(1) the term "responsible official" means a person designated

pursuant to subsection (a) of this section to perform the

functions of a responsible official under that section; and

(2) the term "victim" means a person that has suffered direct

physical, emotional, or pecuniary harm as a result of the

commission of a crime, including -

(A) in the case of a victim that is an institutional entity,

an authorized representative of the entity; and

(B) in the case of a victim who is under 18 years of age,

incompetent, incapacitated, or deceased, one of the following

(in order of preference):

(i) a spouse;

(ii) a legal guardian;

(iii) a parent;

(iv) a child;

(v) a sibling;

(vi) another family member; or

(vii) another person designated by the court.

-SOURCE-

(Pub. L. 101-647, title V, Sec. 503, Nov. 29, 1990, 104 Stat. 4820;

Pub. L. 103-322, title IV, Sec. 40503(a), Sept. 13, 1994, 108 Stat.

1946.)

-REFTEXT-

REFERENCES IN TEXT

Section 10606(b)(4) of this title, referred to in subsec.

(c)(3)(D), was in the original "section 1102(b)(4)", meaning

section 1102(b)(4) of Pub. L. 101-647, which has been translated as

reading section 502(b)(4) of Pub. L. 101-647 to reflect the

probable intent of Congress because Pub. L. 101-647 does not

contain a section 1102 and section 502(b)(4) relates to the right

of crime victims to be present at public court proceedings.

-COD-

CODIFICATION

Section enacted as part of the Victims' Rights and Restitution

Act of 1990 and also as part of the Crime Control Act of 1990, and

not as part of the Victims of Crime Act of 1984 which comprises

this chapter.

-MISC1-

AMENDMENTS

1994 - Subsec. (c)(7). Pub. L. 103-322 inserted at end "The

Attorney General shall provide for the payment of the cost of up to

2 anonymous and confidential tests of the victim for sexually

transmitted diseases, including HIV, gonorrhea, herpes, chlamydia,

and syphilis, during the 12 months following sexual assaults that

pose a risk of transmission, and the cost of a counseling session

by a medically trained professional on the accuracy of such tests

and the risk of transmission of sexually transmitted diseases to

the victim as the result of the assault. A victim may waive

anonymity and confidentiality of any tests paid for under this

section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 3510.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "the".

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 10608 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 112 - VICTIM COMPENSATION AND ASSISTANCE

-HEAD-

Sec. 10608. Closed circuit televised court proceedings for victims

of crime

-STATUTE-

(a) In general

Notwithstanding any provision of the Federal Rules of Criminal

Procedure to the contrary, in order to permit victims of crime to

watch criminal trial proceedings in cases where the venue of the

trial is changed -

(1) out of the State in which the case was initially brought;

and

(2) more than 350 miles from the location in which those

proceedings originally would have taken place;

the trial court shall order closed circuit televising of the

proceedings to that location, for viewing by such persons the court

determines have a compelling interest in doing so and are otherwise

unable to do so by reason of the inconvenience and expense caused

by the change of venue.

(b) Limited access

(1) Generally

No other person, other than official court and security

personnel, or other persons specifically designated by the court,

shall be permitted to view the closed circuit televising of the

proceedings.

(2) Exception

The court shall not designate a person under paragraph (1) if

the presiding judge at the trial determines that testimony by

that person would be materially affected if that person heard

other testimony at the trial.

(c) Restrictions

(1) The signal transmitted pursuant to subsection (a) of this

section shall be under the control of the court at all times and

shall only be transmitted subject to the terms and conditions

imposed by the court.

(2) No public broadcast or dissemination shall be made of the

signal transmitted pursuant to subsection (a) of this section. In

the event any tapes are produced in carrying out subsection (a) of

this section, such tapes shall be the property of the court and

kept under seal.

(3) Any violations of this subsection, or any rule or order made

pursuant to this section, shall be punishable as contempt of court

as described in section 402 of title 18.

(d) Donations

The Administrative Office of the United States Courts may accept

donations to enable the courts to carry out subsection (a) of this

section.

(e) Construction

(1) (!1) Nothing in this section shall be construed -

(i) to create in favor of any person a cause of action against

the United States or any officer or employees thereof, or

(ii) to provide any person with a defense in any action in

which application of this section is made.

(f) "State" defined

As used in this section, the term "State" means any State, the

District of Columbia, or any possession or territory of the United

States.

(g) Rules

The Judicial Conference of the United States, pursuant to its

rule making authority under section 331 of title 28, may promulgate

and issue rules, or amend existing rules, to effectuate the policy

addressed by this section. Upon the implementation of such rules,

this section shall cease to be effective.

(h) Effective date

This section shall only apply to cases filed after January 1,

1995.

-SOURCE-

(Pub. L. 104-132, title II, Sec. 235, Apr. 24, 1996, 110 Stat.

1246.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in subsec.

(a), are set out in the Appendix to Title 18, Crimes and Criminal

Procedure.

-COD-

CODIFICATION

This section was enacted as part of the Justice for Victims of

Terrorism Act of 1996, and also as part of the Antiterrorism and

Effective Death Penalty Act of 1996, and not as part of the Victims

of Crime Act of 1984 which comprises this chapter.

-FOOTNOTE-

(!1) So in original. No par. (2) has been enacted.

-End-