Subtitle II—Protection of Children and Other Persons
CHAPTER 201 —VICTIM RIGHTS, COMPENSATION, AND ASSISTANCE
SUBCHAPTER I—CRIME VICTIMS FUND
SUBCHAPTER II—VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
SUBCHAPTER III—ADDITIONAL VICTIM COMPENSATION AND SERVICES
SUBCHAPTER I—CRIME VICTIMS FUND
§20101. Crime Victims Fund
(a) Establishment
There is created in the Treasury a separate account to be known as the Crime Victims Fund (hereinafter in this subchapter referred to as the "Fund").
(b) Fines deposited in Fund; penalties; forfeited appearance bonds
Except as limited by subsection (c), there shall be deposited in the Fund—
(1) all fines that are collected from persons convicted of offenses against the United States except—
(A) fines available for use by the Secretary of the Treasury pursuant to—
(i) section 11(d) of the Endangered Species Act (
(ii) section 6(d) of the Lacey Act Amendments of 1981 (
(B) fines to be paid into—
(i) the railroad unemployment insurance account pursuant to the Railroad Unemployment Insurance Act (
(ii) the Postal Service Fund pursuant to
(iii) the navigable waters revolving fund pursuant to section 311 of the Federal Water Pollution Control Act (
(iv) county public school funds pursuant to
(2) penalty assessments collected under
(3) the proceeds of forfeited appearance bonds, bail bonds, and collateral collected under
(4) any money ordered to be paid into the Fund under
(5) any gifts, bequests, or donations to the Fund from private entities or individuals, which the Director is hereby authorized to accept for deposit into the Fund, except that the Director is not hereby authorized to accept any such gift, bequest, or donation that—
(A) attaches conditions inconsistent with applicable laws or regulations; or
(B) is conditioned upon or would require the expenditure of appropriated funds that are not available to the Office for Victims of Crime.
(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 subchapter for grants under this subchapter without fiscal year limitation. Notwithstanding subsection (d)(5), all sums deposited in the Fund in any fiscal year that are not made available for obligation by Congress in the subsequent 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.
(2)(A) Except as provided in subparagraph (B), the first $10,000,000 deposited in the Fund shall be available for grants under
(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
(ii) Amounts available under this subparagraph for any fiscal year shall not exceed $20,000,000.
(3)(A) Of the sums remaining in the Fund in any particular fiscal year after compliance with paragraph (2), such sums as may be necessary shall be available only for—
(i) the United States Attorneys Offices and the Federal Bureau of Investigation to provide and improve services for the benefit of crime victims in the Federal criminal justice system (as described in section 3771 or section 3772, as it relates to direct services, of title 18 and
(ii) a Victim Notification System.
(B) Amounts made available under subparagraph (A) may not be used for any purpose that is not specified in clause (i) or (ii) of subparagraph (A).
(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
(B) 47.5 percent shall be available for grants under
(C) 5 percent shall be available for grants under
(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 obligated 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
(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) 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.
(6)(A) The Director may set aside up to $10,000,000 of the amounts remaining in the Fund in any fiscal year after distributing the amounts under paragraphs (2), (3), and (4), in a Child Pornography Victims Reserve, which may be used by the Attorney General for payments under
(B) Amounts in the reserve may be carried over from fiscal year to fiscal year, but the total amount of the reserve shall not exceed $10,000,000. Notwithstanding subsection (c) and any limitation on Fund obligations in any 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 subchapter that remains unspent at the end of a fiscal year in which the grant is made may be expended for the purpose for which the grant is made at any time during the 3 succeeding 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) 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 (
(2) an offense against the laws of the District of Columbia; and
(3) an offense triable by an Indian tribal court or Court of Indian Offenses.
(g) Grants for Indian tribes; child abuse cases
(1) The Attorney General shall use 15 percent of the funds available under subsection (d)(2) to make grants for the purpose of assisting Native American Indian tribes in developing, 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) The Attorney General may use 5 percent of the funds available under subsection (d)(2) (prior to distribution) for grants to Indian tribes to establish child victim assistance programs, as appropriate.
(3) As used in this subsection, the term "tribe" 2 has the meaning given that term in section 5304(b) 1 of title 25.
(
Editorial Notes
References in Text
The Railroad Unemployment Insurance Act, referred to in subsec. (b)(1)(B)(i), is act June 25, 1938, ch. 680,
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, §619] of
The Uniform Code of Military Justice, referred to in subsec. (f)(1), is classified generally to
Codification
Section was formerly classified to
Amendments
2018—Subsec. (d)(6).
2016—Subsec. (d)(3)(A)(i).
2015—Subsec. (d)(3)(A)(i).
2014—Subsec. (d)(3).
2006—Subsec. (b)(1)(B)(ii).
Subsec. (b)(5).
Subsec. (d)(5)(A).
Subsec. (g)(1).
Subsec. (g)(2), (3).
2001—Subsec. (b)(5).
Subsec. (c).
"(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."
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (d)(5).
"(5)(A) If the sums available in the Fund are sufficient to fully provide grants to the States pursuant to
"(B) The emergency reserve referred to in subparagraph (A) may be used for supplemental grants under
2000—Subsec. (c).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(5)(A).
Subsec. (d)(5)(B).
Subsec. (e).
1999—Subsec. (d)(3) to (5).
1997—Subsec. (d)(1).
Subsec. (d)(2).
1996—Subsec. (c).
Subsec. (d)(3)(B).
Subsec. (d)(4).
Subsec. (d)(5).
Subsec. (e).
"(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).
"(A) 49.5 percent shall be available for grants under
"(B) 45 percent shall be available for grants under
"(C) 1 percent shall be available for grants under
"(D) 4.5 percent shall be available for grants as provided in
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (d)(5).
"(A) 47.5 percent shall be available for grants under
"(B) 47.5 percent shall be available for grants under
"(C) 5 percent shall be available for grants under
Subsec. (g)(1).
1993—Subsec. (d)(2)(C), (D).
Subsec. (d)(3).
Subsec. (g)(1).
1992—Subsec. (c).
"(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
"(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).
"(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
"(ii) 45 percent shall be available for grants under
"(iii) 1 percent shall be available for grants under
"(iv) 4.5 percent shall be available for grants as provided in
"(B) The next $5,500,000 deposited in the Fund in a particular fiscal year shall be available for grants as provided in
"(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
"(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
"(ii) 47.5 percent shall be available for grants under
"(iii) 5 percent shall be available for grants under
1990—Subsec. (c)(1)(B)(i).
1988—Subsec. (c).
"(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).
Subsec. (d)(2)(D).
Subsec. (g).
1986—Subsec. (c)(1).
Subsec. (d)(2).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1988 Amendment
Effective Date
"(a) Except as provided in subsection (b), this chapter [chapter XIV (§§1401–1411) of title II of
"(b)
Victims of September 11, 2001
"(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, §619] of
"(2) subsections (c) and (d) of section 1402 of the Victims of Crime Act of 1984 (
Limitation on Amounts Available for Obligation
Similar provisions were contained in the following prior appropriation acts:
Interaction With Any Cap
Transfer of Certain Unobligated Funds
Retroactive Transfer to Fund
1 See References in Text note below.
2 So in original. Probably should be " 'Indian tribe' ".
§20102. Crime victim compensation
(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 training purposes and the administration of the State crime victim compensation program receiving the grant.
(b) Eligible crime victim compensation programs
A crime victim compensation program is an eligible crime victim compensation program for the purposes of this section if—
(1) such program is operated by a State and offers compensation to victims and survivors of victims of criminal violence, including drunk driving and domestic violence for—
(A) medical expenses attributable to a physical injury resulting from compensable crime, including expenses for mental health counseling and care;
(B) loss of wages attributable to a physical injury resulting from a compensable crime; and
(C) funeral expenses attributable to a death resulting from a compensable crime;
(2) such program promotes victim 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
(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
(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
(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.
(
Editorial Notes
References in Text
Title IV of
Codification
Section was formerly classified to
Amendments
2006—Subsec. (a)(3).
2001—Subsec. (a)(1), (2).
Subsec. (b)(6)(B).
Subsec. (c).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (e).
1996—Subsec. (b)(6)(B).
Subsec. (b)(8), (9).
Subsec. (c).
Subsec. (d)(3).
1994—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (b)(1).
Subsec. (e).
1988—Subsec. (a).
Subsec. (b)(1).
"(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).
Subsec. (b)(6), (7).
Subsec. (b)(8).
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Effective Date of 1988 Amendment
Amendment by
Application of Amendment by Section 234(a)(1) of Pub. L. 104–132
1 So in original. The comma probably should not appear.
§20103. Crime victim assistance
(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 20101(d)(2) 1 of this title for the purpose of grants under this subsection, or for the purpose of grants under
(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).
(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) only for providing services to victims of crime.
(3) Not more than 5 percent of sums received under subsection (a) may be used for training purposes and 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 shall make grants—
(A) for victim services, demonstration projects, program evaluation, compliance efforts, and training and technical assistance services to eligible crime victim assistance programs;
(B) for the financial support of services to victims of Federal crime by eligible crime victim assistance programs; and
(C) for nonprofit neighborhood and community-based victim service organizations and coalitions to improve outreach and services to victims of crime.
(2) Of the amount available for grants under this subsection—
(A) not less than 50 percent shall be used for grants under paragraphs (1)(A) and (1)(C);
(B) not more than 50 percent shall be used for grants under paragraph (1)(B); and
(C) not more than $10,000 shall be used for any single grant under paragraph (1)(C).
(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 (
(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 1 as the Director deems appropriate; and
(E) use funds made available to the Director under this subsection—
(i) for fellowships and clinical internships and for grants under subparagraphs (1)(A) and (B), pursuant to rules or guidelines that generally establish a publicly-announced, competitive process; 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.
(
Editorial Notes
References in Text
This title, referred to in subsec. (c)(3)(D), means title II of
Codification
Section was formerly classified to
Amendments
2016—Subsec. (c)(1)(A).
2009—Subsec. (c)(3)(E)(i).
2006—Subsec. (b)(3).
Subsec. (c)(1).
Subsec. (c)(1)(C).
Subsec. (c)(2)(A).
Subsec. (c)(2)(C).
2001—Subsec. (a)(6).
Subsec. (b)(1)(F).
Subsec. (c)(1)(A).
Subsec. (c)(2)(A).
Subsec. (c)(2)(B).
Subsec. (c)(3)(E).
1996—Subsec. (a)(5).
"(A) $150,000 for fiscal years 1989 through 1991; and
"(B) $200,000 thereafter."
1994—Subsec. (a)(5)(B).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (c)(1)(A).
1988—Subsec. (a)(1).
Subsec. (a)(2)(B).
Subsec. (a)(2)(C).
Subsec. (a)(2)(D).
Subsec. (a)(3) to (5).
Subsec. (c)(1).
Subsec. (c)(3).
Subsec. (c)(4).
Subsec. (d)(1).
1986—Subsec. (a)(1).
Subsec. (c)(1), (2).
"(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).
Subsec. (c)(2)(B).
Subsec. (c)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by sections 7122, 7123(b)(4)–(9), 7127, and 7128 of
1 See References in Text note below.
§20104. Child abuse prevention and treatment grants
Amounts made available by
(
Editorial Notes
References in Text
Codification
Section was formerly classified to
Amendments
1996—
1993—
1 See References in Text note below.
§20105. Compensation and assistance to victims of terrorism or mass violence
(a) Victims of acts of terrorism outside the United States
(1) In general
The Director may make supplemental grants as provided in 20101(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
(b) Victims of terrorism within the United States
The Director may make supplemental grants as provided in
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2001—Subsec. (a)(1).
Subsec. (b).
2000—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Administrative Guidelines
1 So in original. Probably should be preceded by "section".
§20106. Compensation to victims of international terrorism
(a) Definitions
In this section:
(1) International terrorism
The term "international terrorism" has the meaning given the term in
(2) National of the United States
The term "national of the United States" has the meaning given the term in
(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 October 23, 1983, with respect to which an investigation or civil or criminal 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
(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.
(
Editorial Notes
References in Text
The Omnibus Diplomatic Security and Antiterrorism Act of 1986, referred to in subsec. (b), is
Codification
Section was formerly classified to
Amendments
2008—Subsec. (a)(3)(A)(i).
2001—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
For applicability of amendments by
§20107. Crime victims legal assistance grants
(a) In general
The Director may make grants as provided in
(b) Prohibition
Grant amounts under this section may not be used to bring a cause of action for damages.
(c) False Claims Act
Notwithstanding any other provision of law, amounts collected pursuant to
(
Editorial Notes
Codification
Section was formerly classified to
§20108. Crime victims notification grants
(a) In general
The Director may make grants as provided in
(b) Integration of systems
Systems developed and implemented under this section may be integrated with existing case management systems operated by the recipient of the grant.
(c) Authorization of appropriations
In addition to funds made available under
(1) $5,000,000 for fiscal year 2005; and
(2) $5,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009.
(d) False Claims Act
Notwithstanding any other provision of law, amounts collected pursuant to
(
Editorial Notes
Codification
Section was formerly classified to
§20109. Sexual assault survivors' notification grants
(a) In general
The Attorney General may make grants as provided in
(b) Notification of rights
Each recipient of a grant awarded under subsection (a) shall make its best effort to ensure that each entity described in subsection (c)(1) provides individuals who identify as a survivor of a sexual assault, and who consent to receiving such information, with written notice of applicable rights and policies regarding—
(1) the right not to be charged fees for or otherwise prevented from pursuing a sexual assault evidence collection kit;
(2) the right to have a sexual assault medical forensic examination regardless of whether the survivor reports to or cooperates with law enforcement;
(3) the availability of a sexual assault advocate;
(4) the availability of protective orders and policies related to their enforcement;
(5) policies regarding the storage, preservation, and disposal of sexual assault evidence collection kits;
(6) the process, if any, to request preservation of sexual assault evidence collection kits or the probative evidence from such kits; and
(7) the availability of victim compensation and restitution.
(c) Dissemination of written notice
Each recipient of a grant awarded under subsection (a) shall—
(1) provide the written notice described in subsection (b) to medical centers, hospitals, forensic examiners, sexual assault service providers, State and local law enforcement agencies, and any other State agency or department reasonably likely to serve sexual assault survivors; and
(2) make the written notice described in subsection (b) publicly available on the Internet website of the attorney general of the State.
(d) Provision to promote compliance
The Attorney General may provide such technical assistance and guidance as necessary to help recipients meet the requirements of this section.
(e) Integration of systems
Any system developed and implemented under this section may be integrated with an existing case management system operated by the recipient of the grant if the system meets the requirements listed in this section.
(
Editorial Notes
Codification
Section was formerly classified to
§20110. Administrative provisions
(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 subchapter.
(b) Recordkeeping
Each recipient of sums under this subchapter 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 subchapter that, in the opinion of the Director, may be related to the expenditure of funds received under this subchapter.
(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 subchapter, shall use or reveal any research or statistical information furnished under this subchapter 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 subchapter. 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 subchapter.
(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 subchapter or a rule, regulation, guideline, or procedure issued under this subchapter, or an application submitted in accordance with this subchapter 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
(h) Maintenance of effort
Each entity receiving sums made available under this subchapter 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.
(
Editorial Notes
References in Text
This subchapter, 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
Codification
Section was formerly classified to
Amendments
1996—Subsec. (g).
1994—Subsec. (g).
Subsec. (h).
1988—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (f).
Subsec. (g).
1986—Subsecs. (g), (h).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
§20111. Establishment of Office for Victims of Crime
(a) Office established within Department of Justice
There is established within the Department of Justice an Office for Victims of Crime (hereinafter in this subchapter referred to as the "Office").
(b) Appointment of Director; authority; restrictions
The Office shall be headed by a Director (referred to in this subchapter as the "Director"), who shall be appointed by the President. 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 subchapter.1
(c) Duties of Director
The Director shall have the following duties:
(1) Administering funds made available by
(2) Providing funds to eligible States pursuant to
(3) Establishing programs in accordance with
(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.
(
Editorial Notes
References in Text
This subchapter, 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
Codification
Section was formerly classified to
Amendments
2012—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
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
1 See References in Text note below.
SUBCHAPTER II—VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
§20121. Legal assistance for victims
(a) In general
The purpose of this section is to enable the Attorney General to award grants to increase the availability of civil and criminal legal assistance necessary to provide effective aid to adult and youth victims of domestic violence, dating violence, stalking, or sexual assault who are seeking relief in legal matters relating to or arising out of that abuse or violence, at minimal or no cost to the victims. Criminal legal assistance provided for under this section shall be limited to criminal matters relating to or arising out of domestic violence, sexual assault, dating violence, and stalking.
(b) Definitions and grant conditions
In this section, the definitions and grant conditions provided in
(c) Legal assistance for victims grants
The Attorney General may award grants under this subsection to private nonprofit entities, Indian tribal governments and tribal organizations, territorial organizations, and publicly funded organizations not acting in a governmental capacity such as law schools, and which shall be used—
(1) to implement, expand, and establish cooperative efforts and projects between domestic violence, dating violence, and sexual assault victim service providers and legal assistance providers to provide legal assistance for victims of domestic violence, dating violence, stalking, and sexual assault;
(2) to implement, expand, and establish efforts and projects to provide legal assistance for victims of domestic violence, dating violence, stalking, and sexual assault by organizations with a demonstrated history of providing direct legal or advocacy services on behalf of these victims; and
(3) to implement, expand, and establish efforts and projects to provide competent, supervised pro bono legal assistance for victims of domestic violence, dating violence, sexual assault, or stalking, except that not more than 10 percent of the funds awarded under this section may be used for the purpose described in this paragraph.
(d) Eligibility
To be eligible for a grant under subsection (c), applicants shall certify in writing that—
(1) any person providing legal assistance through a program funded under subsection (c) this section—" 1
(A) has demonstrated expertise in providing legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking in the targeted population; or
(B)(i) is partnered with an entity or person that has demonstrated expertise described in subparagraph (A); and
(ii) has completed, or will complete, training in connection with domestic violence, dating violence, stalking, or sexual assault and related legal issues, including training on evidence-based risk factors for domestic and dating violence homicide;
(2) any training program conducted in satisfaction of the requirement of paragraph (1) has been or will be developed with input from and in collaboration with a tribal, State, territorial, or local domestic violence, dating violence, sexual assault or stalking victim service provider or coalition, as well as appropriate tribal, State, territorial, and local law enforcement officials;
(3) any person or organization providing legal assistance through a program funded under subsection (c) has informed and will continue to inform State, local, or tribal domestic violence, dating violence, or sexual assault programs and coalitions, as well as appropriate State and local law enforcement officials of their work; and
(4) the grantee's organizational policies do not require mediation or counseling involving offenders and victims physically together, in cases where sexual assault, domestic violence, dating violence, or child sexual abuse is an issue.
(e) Evaluation
The Attorney General may evaluate the grants funded under this section through contracts or other arrangements with entities expert on domestic violence, dating violence, stalking, and sexual assault, and on evaluation research.
(f) Authorization of appropriations
(1) In general
There is authorized to be appropriated to carry out this section $57,000,000 for each of fiscal years 2014 through 2018.
(2) Allocation of funds
(A) Tribal programs
Of the amount made available under this subsection in each fiscal year, not less than 3 percent shall be used for grants for programs that assist adult and youth victims of domestic violence, dating violence, stalking, and sexual assault on lands within the jurisdiction of an Indian tribe.
(B) Tribal government program
(i) In general
Not less than 7 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized by
(ii) Applicability of part 2
The requirements of this section shall not apply to funds allocated for the program described in clause (i).
(C) Victims of sexual assault
Of the amount made available under this subsection in each fiscal year, not less than 25 percent shall be used for direct services, training, and technical assistance to support projects focused solely or primarily on providing legal assistance to victims of sexual assault.
(3) Nonsupplantation
Amounts made available under this section shall be used to supplement and not supplant other Federal, State, and local funds expended to further the purpose of this section.
(
Editorial Notes
References in Text
The reference to "part" in subsec. (f)(2)(B)(ii) heading, appearing in the original, is unidentifiable because title II of div. B of
Codification
Section was formerly classified to
Amendments
2013—Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(3).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (f)(1).
2006—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d)(2).
Subsec. (e).
Subsec. (f)(1).
Subsec. (f)(2)(A).
Subsec. (f)(2)(B), (C).
Subsec. (f)(4).
2004—Subsec. (a).
Subsec. (b)(1) to (4).
Subsec. (c)(1).
Subsec. (c)(2), (3).
Subsec. (d)(1) to (3).
Subsec. (d)(4).
Subsec. (e).
Subsec. (f)(2)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
2 See References in Text note below.
§20122. Education, training, and enhanced services to end violence against and abuse of women with disabilities
(a) In general
The Attorney General, in consultation with the Secretary of Health and Human Services, may award grants to eligible entities—
(1) to provide training, consultation, and information on domestic violence, dating violence, stalking, and sexual assault against individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (
(2) to enhance direct services to such individuals.
(b) Use of funds
Grants awarded under this section shall be used—
(1) to provide personnel, training, technical assistance, advocacy, intervention, risk reduction (including using evidence-based indicators to assess the risk of domestic and dating violence homicide) and prevention of domestic violence, dating violence, stalking, and sexual assault against disabled individuals;
(2) to conduct outreach activities to ensure that disabled individuals who are victims of domestic violence, dating violence, stalking, or sexual assault receive appropriate assistance;
(3) to conduct cross-training for victim service organizations, governmental agencies, courts, law enforcement, and nonprofit, nongovernmental organizations serving individuals with disabilities about risk reduction, intervention, prevention and the nature of domestic violence, dating violence, stalking, and sexual assault for disabled individuals;
(4) to provide technical assistance to assist with modifications to existing policies, protocols, and procedures to ensure equal access to the services, programs, and activities of victim service providers for disabled individuals;
(5) to provide training and technical assistance on the requirements of shelters and victim service providers under Federal antidiscrimination laws, including—
(A) the Americans with Disabilities Act of 1990 [
(B)
(6) to modify facilities, purchase equipment, and provide personnel so that shelters and victim service organizations can accommodate the needs of disabled individuals;
(7) to provide advocacy and intervention services for disabled individuals who are victims of domestic violence, dating violence, stalking, or sexual assault; or
(8) to develop model programs providing advocacy and intervention services within organizations serving disabled individuals who are victims of domestic violence, dating violence, sexual assault, or stalking.
(c) Eligible entities
(1) In general
An entity shall be eligible to receive a grant under this section if the entity is—
(A) a State;
(B) a unit of local government;
(C) an Indian tribal government or tribal organization; or
(D) a victim service provider, such as a State or tribal domestic violence or sexual assault coalition or a nonprofit, nongovernmental organization serving disabled individuals.
(2) Limitation
A grant awarded for the purpose described in subsection (b)(8) shall only be awarded to an eligible agency (as defined in section 796f–5 1 of title 29).
(d) Underserved populations
In awarding grants under this section, the Director shall ensure that the needs of underserved populations are being addressed.
(e) Authorization of appropriations
There are authorized to be appropriated $9,000,000 for each of fiscal years 2014 through 2018 to carry out this section.
(
Editorial Notes
References in Text
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(5)(A), is
Codification
Section was formerly classified to
Amendments
2013—Subsec. (b)(1).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (c)(1)(D).
Subsec. (e).
2006—
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
Definitions
For definitions of terms used in this section, see section 1002 of
1 See References in Text note below.
§20123. Grants for outreach and services to underserved populations
(a) Grants authorized
(1) In general
Of the amounts appropriated under the grant programs identified in paragraph (2), the Attorney General shall take 2 percent of such appropriated amounts and combine them to award grants to eligible entities described in subsection (b) of this section to develop and implement outreach strategies targeted at adult or youth victims of domestic violence, dating violence, sexual assault, or stalking in underserved populations and to provide victim services to meet the needs of adult and youth victims of domestic violence, dating violence, sexual assault, and stalking in underserved populations. The requirements of the grant programs identified in paragraph (2) shall not apply to this grant program.
(2) Programs covered
The programs covered by paragraph (1) are the programs carried out under the following provisions:
(A)
(B)
(b) Eligible entities
Eligible entities under this section are—
(1) population specific organizations that have demonstrated experience and expertise in providing population specific services in the relevant underserved communities, or population specific organizations working in partnership with a victim service provider or domestic violence or sexual assault coalition;
(2) victim service providers offering population specific services for a specific underserved population; or
(3) victim service providers working in partnership with a national, State, tribal, or local organization that has demonstrated experience and expertise in providing population specific services in the relevant underserved population.
(c) Planning grants
The Attorney General may use up to 25 percent of funds available under this section to make one-time planning grants to eligible entities to support the planning and development of specially designed and targeted programs for adult and youth victims in one or more underserved populations, including—
(1) identifying, building and strengthening partnerships with potential collaborators within underserved populations, Federal, State, tribal, territorial or local government entities, and public and private organizations;
(2) conducting a needs assessment of the community and the targeted underserved population or populations to determine what the barriers are to service access and what factors contribute to those barriers, using input from the targeted underserved population or populations;
(3) identifying promising prevention, outreach and intervention strategies for victims from a targeted underserved population or populations; and
(4) developing a plan, with the input of the targeted underserved population or populations, for implementing prevention, outreach and intervention strategies to address the barriers to accessing services, promoting community engagement in the prevention of domestic violence, dating violence, sexual assault, and stalking within the targeted underserved populations, and evaluating the program.
(d) Implementation grants
The Attorney General shall make grants to eligible entities for the purpose of providing or enhancing population specific outreach and services to adult and youth victims in one or more underserved populations, including—
(1) working with Federal, State, tribal, territorial and local governments, agencies, and organizations to develop or enhance population specific services;
(2) strengthening the capacity of underserved populations to provide population specific services;
(3) strengthening the capacity of traditional victim service providers to provide population specific services;
(4) strengthening the effectiveness of criminal and civil justice interventions by providing training for law enforcement, prosecutors, judges and other court personnel on domestic violence, dating violence, sexual assault, or stalking in underserved populations; or
(5) working in cooperation with an underserved population to develop and implement outreach, education, prevention, and intervention strategies that highlight available resources and the specific issues faced by victims of domestic violence, dating violence, sexual assault, or stalking from underserved populations.
(e) Application
An eligible entity desiring a grant under this section shall submit an application to the Director of the Office on Violence Against Women at such time, in such form, and in such manner as the Director may prescribe.
(f) Reports
Each eligible entity receiving a grant under this section shall submit to the Director of the Office on Violence Against Women a report that describes the activities carried out with grant funds.
(g) Authorization of appropriations
In addition to the funds identified in subsection (a)(1), there are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2014 through 2018.
(h) Definitions and grant conditions
In this section the definitions and grant conditions in
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—
2006—Subsec. (g).
Subsec. (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Amendment by
§20124. Enhancing culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking
(a) Establishment
(1) In general
Of the amounts appropriated under certain grant programs identified in paragraph (a)(2) of this Section,1 the Attorney General, through the Director of the Violence Against Women Office (referred to in this section as the "Director"), shall take 5 percent of such appropriated amounts and combine them to establish a new grant program to enhance culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking. Grants made under this new program shall be administered by the Director. The requirements of the grant programs identified in paragraph (2) shall not apply to this new grant program.
(2) Programs covered
The programs covered by paragraph (1) are the programs carried out under the following provisions:
(A)
(B)
(C)
(D)
(E)
(b) Purpose of program and grants
(1) General program purpose
The purpose of the program required by this section is to promote:
(A) The maintenance and replication of existing successful services in domestic violence, dating violence, sexual assault, and stalking community-based programs providing culturally specific services and other resources.
(B) The development of innovative culturally specific strategies and projects to enhance access to services and resources for victims of domestic violence, dating violence, sexual assault, and stalking who face obstacles to using more traditional services and resources.
(2) Purposes for which grants may be used
The Director shall make grants to community-based programs for the purpose of enhancing culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking. Grants under the program shall support community-based efforts to address distinctive cultural responses to domestic violence, dating violence, sexual assault, and stalking, including—
(A) working with State and local governments and social service agencies to develop and enhance effective strategies to provide culturally specific services to victims of domestic violence, dating violence, sexual assault, and stalking;
(B) increasing communities' capacity to provide culturally specific resources and support for victims of domestic violence, dating violence, sexual assault, and stalking crimes and their families;
(C) strengthening criminal justice interventions, by providing training for law enforcement, prosecution, courts, probation, and correctional facilities on culturally specific responses to domestic violence, dating violence, sexual assault, and stalking;
(D) enhancing traditional services to victims of domestic violence, dating violence, sexual assault, and stalking through the leadership of culturally specific programs offering services to victims of domestic violence, dating violence, sexual assault, and stalking;
(E) working in cooperation with the community to develop education and prevention strategies highlighting culturally specific issues and resources regarding victims of domestic violence, dating violence, sexual assault, and stalking;
(F) providing culturally specific programs for children exposed to domestic violence, dating violence, sexual assault, and stalking;
(G) providing culturally specific resources and services that address the safety, economic, housing, and workplace needs of victims of domestic violence, dating violence, sexual assault, or stalking, including emergency assistance; or
(H) examining the dynamics of culture and its impact on victimization and healing.
(3) Technical assistance and training
The Director shall provide technical assistance and training to grantees of this and other programs under this Act regarding the development and provision of effective culturally specific community-based services by entering into cooperative agreements or contracts with an organization or organizations having a demonstrated expertise in and whose primary purpose is addressing the development and provision of culturally specific community-based services to victims of domestic violence, dating violence, sexual assault, and stalking.
(c) Eligible entities
Eligible entities for grants under this Section 1 include—
(1) community-based programs whose primary purpose is providing culturally specific services to victims of domestic violence, dating violence, sexual assault, and stalking; and
(2) community-based programs whose primary purpose is providing culturally specific services who can partner with a program having demonstrated expertise in serving victims of domestic violence, dating violence, sexual assault, and stalking.
(d) Reporting
The Director shall issue a biennial report on the distribution of funding under this section, the progress made in replicating and supporting increased services to victims of domestic violence, dating violence, sexual assault, and stalking who face obstacles to using more traditional services and resources, and the types of culturally accessible programs, strategies, technical assistance, and training developed or enhanced through this program.
(e) Grant period
The Director shall award grants for a 2-year period, with a possible extension of another 2 years to implement projects under the grant.
(f) Evaluation
The Director shall award a contract or cooperative agreement to evaluate programs under this section to an entity with the demonstrated expertise in and primary goal of providing enhanced cultural access to services and resources for victims of domestic violence, dating violence, sexual assault, and stalking who face obstacles to using more traditional services and resources.
(g) Non-exclusivity
Nothing in this Section 1 shall be interpreted to exclude culturally specific community-based programs from applying to other grant programs authorized under this Act.
(h) Definitions and grant conditions
In this section the definitions and grant conditions in
(
Editorial Notes
References in Text
The parenthetical reference "(Enhanced Training and Services to End Violence Against Women Later in Life)" appearing after "
This Act, referred to in subsecs. (b)(3) and (g), is
Codification
Section was formerly classified to
Amendments
2013—
Subsec. (a)(2).
Subsec. (g).
2006—Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Amendment by
Effective Date
Section not effective until the beginning of fiscal year 2007, see section 4 of
1 So in original. Probably should not be capitalized.
2 See References in Text note below.
§20125. Grants to combat violent crimes on campuses
(a) Grants authorized
(1) In general
The Attorney General is authorized to make grants to institutions of higher education, for use by such institutions or consortia consisting of campus personnel, student organizations, campus administrators, security personnel, and regional crisis centers affiliated with the institution, to develop and strengthen effective security and investigation strategies to combat domestic violence, dating violence, sexual assault, and stalking on campuses, to develop and strengthen victim services in cases involving such crimes on campuses, which may include partnerships with local criminal justice authorities and community-based victim services agencies, and to develop and strengthen prevention education and awareness programs.
(2) Award basis
The Attorney General shall award grants and contracts under this section on a competitive basis for a period of 3 years. The Attorney General, through the Director of the Office on Violence Against Women, shall award the grants in amounts of not more than $300,000 for individual institutions of higher education and not more than $1,000,000 for consortia of such institutions.
(3) Equitable participation
The Attorney General shall make every effort to ensure—
(A) the equitable participation of private and public institutions of higher education in the activities assisted under this section;
(B) the equitable geographic distribution of grants under this section among the various regions of the United States; and
(C) the equitable distribution of grants under this section to tribal colleges and universities and traditionally black colleges and universities.
(b) Use of grant funds
Grant funds awarded under this section may be used for the following purposes:
(1) To provide personnel, training, technical assistance, data collection, and other equipment with respect to the increased apprehension, investigation, and adjudication of persons committing domestic violence, dating violence, sexual assault, and stalking on campus.
(2) To develop, strengthen, and implement campus policies, protocols, and services that more effectively identify and respond to the crimes of domestic violence, dating violence, sexual assault and stalking, including the use of technology to commit these crimes, and to train campus administrators, campus security personnel, and personnel serving on campus disciplinary or judicial boards on such policies, protocols, and services. Within 90 days after January 5, 2006, the Attorney General shall issue and make available minimum standards of training relating to domestic violence, dating violence, sexual assault, and stalking on campus, for all campus security personnel and personnel serving on campus disciplinary or judicial boards.
(3) To implement and operate education programs for the prevention of domestic violence, dating violence, sexual assault, and stalking.
(4) To develop, enlarge, or strengthen victim services programs and population specific services on the campuses of the institutions involved, including programs providing legal, medical, or psychological counseling, for victims of domestic violence, dating violence, sexual assault, and stalking, and to improve delivery of victim assistance on campus. To the extent practicable, such an institution shall collaborate with any victim service providers in the community in which the institution is located. If appropriate victim services programs are not available in the community or are not accessible to students, the institution shall, to the extent practicable, provide a victim services program on campus or create a victim services program in collaboration with a community-based organization. The institution shall use not less than 20 percent of the funds made available through the grant for a victim services program provided in accordance with this paragraph, regardless of whether the services are provided by the institution or in coordination with community victim service providers.
(5) To create, disseminate, or otherwise provide assistance and information about victims' options on and off campus to bring disciplinary or other legal action, including assistance to victims in immigration matters.
(6) To develop, install, or expand data collection and communication systems, including computerized systems, linking campus security to the local law enforcement for the purpose of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions with respect to the crimes of domestic violence, dating violence, sexual assault, and stalking on campus.
(7) To provide capital improvements (including improved lighting and communications facilities but not including the construction of buildings) on campuses to address the crimes of domestic violence, dating violence, sexual assault, and stalking.
(8) To support improved coordination among campus administrators, campus security personnel, and local law enforcement to reduce domestic violence, dating violence, sexual assault, and stalking on campus.
(9) To develop or adapt and provide developmental, culturally appropriate, and linguistically accessible print or electronic materials to address both prevention and intervention in domestic violence, dating violence, sexual violence, and stalking.
(10) To develop or adapt population specific strategies and projects for victims of domestic violence, dating violence, sexual assault, and stalking from underserved populations on campus.
(c) Applications
(1) In general
In order to be eligible to be awarded a grant under this section for any fiscal year, an institution of higher education shall submit an application to the Attorney General at such time and in such manner as the Attorney General shall prescribe.
(2) Contents
Each application submitted under paragraph (1) shall—
(A) describe the need for grant funds and the plan for implementation for any of the purposes described in subsection (b);
(B) include proof that the institution of higher education collaborated with victim service providers, including domestic violence, dating violence, sexual assault, and stalking victim services programs in the community in which the institution is located;
(C) describe the characteristics of the population being served, including type of campus, demographics of the population, and number of students;
(D) describe how underserved populations in the campus community will be adequately served, including the provision of relevant population specific services;
(E) provide measurable goals and expected results from the use of the grant funds;
(F) provide assurances that the Federal funds made available under this section shall be used to supplement and, to the extent practical, increase the level of funds that would, in the absence of Federal funds, be made available by the institution for the purposes described in subsection (b); and
(G) include such other information and assurances as the Attorney General reasonably determines to be necessary.
(3) Compliance with campus crime reporting required
No institution of higher education shall be eligible for a grant under this section unless such institution is in compliance with the requirements of
(d) General terms and conditions
(1) Nonmonetary assistance
In addition to the assistance provided under this section, the Attorney General may request any Federal agency to use the agency's authorities and the resources granted to the agency under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of campus security, and investigation and victim service efforts.
(2) Grantee reporting
(A) Annual report
Each institution of higher education receiving a grant under this section shall submit a performance report to the Attorney General. The Attorney General shall suspend funding under this section for an institution of higher education if the institution fails to submit such a report.
(B) Final report
Upon completion of the grant period under this section, the institution shall file a performance report with the Attorney General and the Secretary of Education explaining the activities carried out under this section together with an assessment of the effectiveness of those activities in achieving the purposes described in subsection (b).
(3) Grantee minimum requirements
Each grantee shall comply with the following minimum requirements during the grant period:
(A) The grantee shall create a coordinated community response including both organizations external to the institution and relevant divisions of the institution.
(B) The grantee shall establish a mandatory prevention and education program on domestic violence, dating violence, sexual assault, and stalking for all incoming students.
(C) The grantee shall train all campus law enforcement to respond effectively to domestic violence, dating violence, sexual assault, and stalking.
(D) The grantee shall train all members of campus disciplinary boards to respond effectively to situations involving domestic violence, dating violence, sexual assault, or stalking.
(4) Report to Congress
Not later than 180 days after the end of the fiscal year for which grants are awarded under this section, the Attorney General shall submit to Congress a report that includes—
(A) the number of grants, and the amount of funds, distributed under this section;
(B) a summary of the purposes for which the grants were provided and an evaluation of the progress made under the grant;
(C) a statistical summary of the persons served, detailing the nature of victimization, and providing data on age, sex, race, ethnicity, language, disability, relationship to offender, geographic distribution, and type of campus; and
(D) an evaluation of the effectiveness of programs funded under this part.1
(e) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $12,000,000 for each of fiscal years 2014 through 2018.
(f) Omitted
(g) Definitions and grant conditions
In this section the definitions and grant conditions in
(
Editorial Notes
References in Text
This part, referred to in subsec. (d)(4)(D), appearing in the original, is unidentifiable because title III of
Codification
Section is comprised of section 304 of
Section was formerly classified to
Amendments
2013—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(2).
Subsec. (b)(4).
Subsec. (b)(9), (10).
Subsec. (c)(2)(B).
Subsec. (c)(2)(D) to (G).
Subsec. (c)(3).
Subsec. (d)(3), (4).
Subsec. (e).
2006—Subsec. (b)(2).
Subsec. (d)(2)(A).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Amendment by
Effective Date
Section not effective until the beginning of fiscal year 2007, see section 4 of
1 See References in Text note below.
§20126. Consultation
(a) In general
The Attorney General shall conduct annual consultations with Indian tribal governments concerning the Federal administration of tribal funds and programs established under this Act, the Violence Against Women Act of 1994 (title IV of
(b) Recommendations
During consultations under subsection (a), the Secretary of Health and Human Services, the Secretary of the Interior, and the Attorney General shall solicit recommendations from Indian tribes concerning—
(1) administering tribal funds and programs;
(2) enhancing the safety of Indian women from domestic violence, dating violence, sexual assault, homicide, stalking, and sex trafficking;
(3) strengthening the Federal response to such violent crimes; and
(4) improving access to local, regional, State, and Federal crime information databases and criminal justice information systems.
(c) Annual report
The Attorney General shall submit to Congress an annual report on the annual consultations required under subsection (a) that—
(1) contains the recommendations made under subsection (b) by Indian tribes during the year covered by the report;
(2) describes actions taken during the year covered by the report to respond to recommendations made under subsection (b) during the year or a previous year; and
(3) describes how the Attorney General will work in coordination and collaboration with Indian tribes, the Secretary of Health and Human Services, and the Secretary of the Interior to address the recommendations made under subsection (b).
(d) Notice
Not later than 120 days before the date of a consultation under subsection (a), the Attorney General shall notify tribal leaders of the date, time, and location of the consultation.
(
Editorial Notes
References in Text
This Act, referred to in subsec. (a), is
The Violence Against Women Act of 1994, referred to in subsec. (a), is title IV of
The Violence Against Women Act of 2000, referred to in subsec. (a), is div. B of
The Violence Against Women Reauthorization Act of 2013, referred to in subsec. (a), is
Codification
Section was formerly classified to
Amendments
2020—Subsec. (b)(2).
Subsec. (b)(4).
2013—Subsec. (a).
Subsec. (b).
Subsec. (b)(2).
Subsecs. (c), (d).
§20127. Emergency and transitional pet shelter and housing assistance grant program
(1) Grant program
(A) In general
The Secretary, acting in consultation with the Office of the Violence Against Women 1 of the Department of Justice, the Secretary of Housing and Urban Development, and the Secretary of Health and Human Services, shall award grants under this section to eligible entities to carry out programs to provide the assistance described in paragraph (3) with respect to victims of domestic violence, dating violence, sexual assault, or stalking and the pets, service animals, emotional support animals, or horses of such victims.
(B) Memorandum of understanding
The Secretary may enter into a memorandum of understanding with the head of another Department or agency, as appropriate, to carry out any of the authorities provided to the Secretary under this section.2
(2) Application
(A) In general
An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including—
(i) a description of the activities for which a grant under this section is sought;
(ii) such assurances as the Secretary determines to be necessary to ensure compliance by the entity with the requirements of this section; and
(iii) a certification that the entity, before engaging with any individual domestic violence victim, will disclose to the victim any mandatory duty of the entity to report instances of abuse and neglect (including instances of abuse and neglect of pets, service animals, emotional support animals, or horses).
(B) Additional requirements
In addition to the requirements of subparagraph (A), each application submitted by an eligible entity under that subparagraph shall—
(i) not include proposals for any activities that may compromise the safety of a domestic violence victim, including—
(I) background checks of domestic violence victims; or
(II) clinical evaluations to determine the eligibility of such a victim for support services;
(ii) not include proposals that would require mandatory services for victims or that a victim obtain a protective order in order to receive proposed services; and
(iii) reflect the eligible entity's understanding of the dynamics of domestic violence, dating violence, sexual assault, or stalking.
(C) Rules of construction
Nothing in this paragraph shall be construed to require—
(i) domestic violence victims to participate in the criminal justice system in order to receive services; or
(ii) eligible entities receiving a grant under this section to breach client confidentiality.
(3) Use of funds
Grants awarded under this section may only be used for programs that provide—
(A) emergency and transitional shelter and housing assistance for domestic violence victims with pets, service animals, emotional support animals, or horses, including assistance with respect to any construction or operating expenses of newly developed or existing emergency and transitional pet, service animal, emotional support animal, or horse shelter and housing (regardless of whether such shelter and housing is co-located at a victim service provider or within the community);
(B) short-term shelter and housing assistance for domestic violence victims with pets, service animals, emotional support animals, or horses, including assistance with respect to expenses incurred for the temporary shelter, housing, boarding, or fostering of the pets, service animals, emotional support animals, or horses of domestic violence victims and other expenses that are incidental to securing the safety of such a pet, service animal, emotional support animal, or horse during the sheltering, housing, or relocation of such victims;
(C) support services designed to enable a domestic violence victim who is fleeing a situation of domestic violence, dating violence, sexual assault, or stalking to—
(i) locate and secure—
(I) safe housing with the victim's pet, service animal, emotional support animal, or horse; or
(II) safe accommodations for the victim's pet, service animal, emotional support animal, or horse; or
(ii) provide the victim with pet, service animal, emotional support animal, or horse related services, such as transportation, care services, and other assistance; or
(D) for the training of relevant stakeholders on—
(i) the link between domestic violence, dating violence, sexual assault, or stalking and the abuse and neglect of pets, service animals, emotional support animals, and horses;
(ii) the needs of domestic violence victims;
(iii) best practices for providing support services to such victims;
(iv) best practices for providing such victims with referrals to victims' services; and
(v) the importance of confidentiality.
(4) Grant conditions
An eligible entity that receives a grant under this section shall, as a condition of such receipt, agree—
(A) to be bound by the nondisclosure of confidential information requirements of
(B) that the entity shall not condition the receipt of support, housing, or other benefits provided pursuant to this section on the participation of domestic violence victims in any or all of the support services offered to such victims through a program carried out by the entity using grant funds.
(5) Duration of assistance provided to victims
(A) In general
Subject to subparagraph (B), assistance provided with respect to a pet, service animal, emotional support animal, or horse of a domestic violence victim using grant funds awarded under this section shall be provided for a period of not more than 24 months.
(B) Extension
An eligible entity that receives a grant under this section may extend the 24-month period referred to in subparagraph (A) for a period of not more than 6 months in the case of a domestic violence victim who—
(i) has made a good faith effort to acquire permanent housing for the victim and the victim's pet, service animal, emotional support animal, or horse during that 24-month period; and
(ii) has been unable to acquire such permanent housing within that period.
(6) Report to the Secretary
Not later than 1 year after the date on which an eligible entity receives a grant under this section and each year thereafter in which the grant funds are used, the entity shall submit to the Secretary a report that contains, with respect to assistance provided by the entity to domestic violence victims with pets, service animals, emotional support animals, or horses using grant funds received under this section, information on—
(A) the number of domestic violence victims with pets, service animals, emotional support animals, or horses provided such assistance; and
(B) the purpose, amount, type of, and duration of such assistance.
(7) Report to Congress
(A) Reporting requirement
Not later than November 1 of each even-numbered fiscal year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains a compilation of the information contained in the reports submitted under paragraph (6).
(B) Availability of report
The Secretary shall transmit a copy of the report submitted under subparagraph (A) to—
(i) the Office on Violence Against Women of the Department of Justice;
(ii) the Office of Community Planning and Development of the Department of Housing and Urban Development; and
(iii) the Administration for Children and Families of the Department of Health and Human Services.
(8) Authorization of appropriations
(A) In general
There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2019 through 2023.
(B) Limitation
Of the amount made available under subparagraph (A) in any fiscal year, not more than 5 percent may be used for evaluation, monitoring, salaries, and administrative expenses.
(9) Definitions
In this section:
(A) Domestic violence victim defined
The term "domestic violence victim" means a victim of domestic violence, dating violence, sexual assault, or stalking.
(B) Eligible entity
The term "eligible entity" means—
(i) a State;
(ii) a unit of local government;
(iii) an Indian tribe; or
(iv) any other organization that has a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking (as determined by the Secretary), including—
(I) a domestic violence and sexual assault victim service provider;
(II) a domestic violence and sexual assault coalition;
(III) a community-based and culturally specific organization;
(IV) any other nonprofit, nongovernmental organization; and
(V) any organization that works directly with pets, service animals, emotional support animals, or horses and collaborates with any organization referred to in clauses (i) through (iv), including—
(aa) an animal shelter; and
(bb) an animal welfare organization.
(C) Emotional support animal
The term "emotional support animal" means an animal that is covered by the exclusion specified in section 5.303 of title 24, Code of Federal Regulations (or a successor regulation), and that is not a service animal.
(D) Pet
The term "pet" means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, or other animal that is kept for pleasure rather than for commercial purposes.
(E) Service animal
The term "service animal" has the meaning given the term in section 36.104 of title 28, Code of Federal Regulations (or a successor regulation).
(F) Other terms
Except as otherwise provided in this section, terms used in this section 2 shall have the meaning given such terms in
(
Editorial Notes
References in Text
This section, referred to par. (1)(B) and the second time appearing in par. (9)(F), was so in the original, meaning section 12502 of title XII of
Codification
Section is comprised of section 12502(b) of title XII of
Statutory Notes and Related Subsidiaries
Definition of "Secretary"
"Secretary" means the Secretary of Agriculture, see section 2 of
1 So in original. Probably should be "Office on Violence Against Women".
2 See References in Text note below.
SUBCHAPTER III—ADDITIONAL VICTIM COMPENSATION AND SERVICES
§20141. Services to victims
(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) 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); 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).
(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 title 42, 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).
(e) Definitions
For the purposes of this section—
(1) the term "responsible official" means a person designated pursuant to subsection (a) 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.
(
Editorial Notes
References in Text
Codification
Section was formerly classified to
Amendments
1994—Subsec. (c)(7).
1 So in original. Probably should be followed by "the".
2 See References in Text note below.
§20142. Closed circuit televised court proceedings for victims of crime
(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) 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). In the event any tapes are produced in carrying out subsection (a), 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
(d) Donations
The Administrative Office of the United States Courts may accept donations to enable the courts to carry out subsection (a).
(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
(h) Effective date
This section shall only apply to cases filed after January 1, 1995.
(
Editorial Notes
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.
Codification
Section was formerly classified to
1 So in original. No par. (2) has been enacted.
§20143. Grants for young witness assistance
(a) In general
The Director of the Bureau of Justice Assistance of the Office of Justice Programs may make grants to State and local prosecutors and law enforcement agencies in support of juvenile and young adult witness assistance programs.
(b) Use of funds
Grants made available under this section may be used—
(1) to assess the needs of juvenile and young adult witnesses;
(2) to develop appropriate program goals and objectives; and
(3) to develop and administer a variety of witness assistance services, which includes—
(A) counseling services to young witnesses dealing with trauma associated in witnessing a violent crime;
(B) pre- and post-trial assistance for the youth and their family;
(C) providing education services if the child is removed from or changes their school for safety concerns;
(D) protective services for young witnesses and their families when a serious threat of harm from the perpetrators or their associates is made; and
(E) community outreach and school-based initiatives that stimulate and maintain public awareness and support.
(c) Definitions
In this section:
(1) The term "juvenile" means an individual who is age 17 or younger.
(2) The term "young adult" means an individual who is age 21 or younger but not a juvenile.
(3) The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2006 through 2009.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2006—Subsec. (a).
§20144. Justice for United States victims of state sponsored terrorism
(a) Short title
This section may be cited as the "Justice for United States Victims of State Sponsored Terrorism Act".
(b) Administration of the United States Victims of State Sponsored Terrorism Fund
(1) Administration of the Fund
(A) Appointment and terms of Special Master
(i) Initial appointment
Not later than 60 days after December 18, 2015, the Attorney General shall appoint a Special Master. The initial term for the Special Master shall be 18 months.
(ii) Additional terms
Thereafter, each time there exists funds in excess of $100,000,000 in the Fund, the Attorney General shall appoint or reappoint a Special Master for such period as is appropriate, not to exceed 1 year. In addition, if there exists in the Fund funds that are less than $100,000,000, the Attorney General may appoint or reappoint a Special Master each time the Attorney General determines there are sufficient funds available in the Fund to compensate eligible claimants, for such period as is appropriate, not to exceed 1 year.
(iii) Special Master to administer compensation from the Fund
The Special Master shall administer the compensation program described in this section for United States persons who are victims of state sponsored terrorism.
(B) Administrative costs and use of Department of Justice personnel
The Special Master may utilize, as necessary, no more than 5 full-time equivalent Department of Justice personnel to assist in carrying out the duties of the Special Master under this section, except that, during the 1-year period beginning on November 21, 2019, the Special Master may utilize an additional 5 full-time equivalent Department of Justice personnel. Any costs associated with the use of such personnel, and any other administrative costs of carrying out this section, shall be paid from the Fund.
(C) Compensation of Special Master
The Special Master shall be compensated from the Fund at a rate not to exceed the annual rate of basic pay for level IV of the Executive Schedule, as prescribed by
(2) Publication of regulations and procedures
(A) In general
Not later than 60 days after the date of the initial appointment of the Special Master, the Special Master shall publish in the Federal Register and on a website maintained by the Department of Justice a notice specifying the procedures necessary for United States persons to apply and establish eligibility for payment, including procedures by which eligible United States persons may apply by and through their attorney. Not later than 30 days after the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, the Special Master shall update, as necessary as a result of the enactment of such Act, such procedures and other guidance previously issued by the Special Master. Such notice and any updates to that notice or other guidance are not subject to the requirements of
(B) Information regarding other sources of compensation
As part of the procedures for United States persons to apply and establish eligibility for payment, the Special Master shall require applicants to provide the Special Master with information regarding compensation from any source other than this Fund that the claimant (or, in the case of a personal representative, the victim's beneficiaries) has received or is entitled or scheduled to receive as a result of the act of international terrorism that gave rise to a claimant's final judgment, including information identifying the amount, nature, and source of such compensation.
(3) Decisions of the Special Master
All decisions made by the Special Master with regard to compensation from the Fund shall be—
(A) in writing and provided to the Attorney General, each claimant and, if applicable, the attorney for each claimant; and
(B) final and, except as provided in paragraph (4), not subject to administrative or judicial review.
(4) Review hearing
(A) Not later than 30 days after receipt of a written decision by the Special Master, a claimant whose claim is denied in whole or in part by the Special Master may request a hearing before the Special Master pursuant to procedures established by the Special Master.
(B) Not later than 90 days after any such hearing, the Special Master shall issue a final written decision affirming or amending the original decision. The written decision is final and nonreviewable.
(c) Eligible claims
(1) In general
For the purposes of this section, a claim is an eligible claim if the Special Master determines that—
(A) the judgment holder, or claimant, is a United States person;
(B) the claim is described in paragraph (2); and
(C) the requirements of paragraph (3) are met.
(2) Certain claims
The claims referred to in paragraph (1) are claims for—
(A) compensatory damages awarded to a United States person in a final judgment—
(i) issued by a United States district court under State or Federal law against a state sponsor of terrorism; and
(ii) arising from acts of international terrorism, for which the foreign state was determined not to be immune from the jurisdiction of the courts of the United States under section 1605A, or section 1605(a)(7) (as such section was in effect on January 27, 2008), of title 28;
(B) the sum total of $10,000 per day for each day that a United States person was taken and held hostage from the United States embassy in Tehran, Iran, during the period beginning November 4, 1979, and ending January 20, 1981; or
(C) damages for the spouses and children of the former hostages described in subparagraph (B), if such spouse or child is identified as a member of the proposed class in case number 1:00-CV-03110 (EGS) of the United States Court for the District of Columbia, in the following amounts:
(i) For each spouse of a former hostage identified as a member of the proposed class described in this subparagraph, a $600,000 lump sum.
(ii) For each child of a former hostage identified as a member of the proposed class described in this subparagraph, a $600,000 lump sum.
(3) Deadline for application submission
(A) In general
The deadline for submitting an application for a payment under this subsection is as follows:
(i) Not later than 90 days after the date of the publication required under subsection (b)(2)(A), with regard to an application based on—
(I) a final judgment described in paragraph (2)(A) obtained before that date of publication; or
(II) a claim described in paragraph (2)(B) or (2)(C), except that any United States person with an eligible claim described in paragraph (2)(B) who did not have an eligible claim before November 21, 2019, shall have 90 days from November 21, 2019, to submit an application for payment.
(ii) Not later than 90 days after the date of obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication, unless the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before November 21, 2019, in which case such United States person shall have 90 days from November 21, 2019, to submit an application for payment.
(B) Good cause
For good cause shown, the Special Master may grant a claimant a reasonable extension of a deadline under this paragraph.
(d) Payments
(1) To whom made
The Special Master shall order payment from the Fund for each eligible claim of a United States person to that person or, if that person is deceased, to the personal representative of the estate of that person.
(2) Timing of initial payments
The Special Master shall authorize all initial payments to satisfy eligible claims under this section not later than 1 year after December 18, 2015.
(3) Payments to be made pro rata
(A) In general
(i) Pro rata basis
Except as provided in subparagraph (B) and subject to the limitations described in clause (ii), the Special Master shall carry out paragraph (1), by—
(I) dividing all available funds in half and allocating 50 percent of the available funds to non-9/11 related victims of state sponsored terrorism and the remaining 50 percent of the available funds to 9/11 related victims of state sponsored terrorism;
(II) further dividing the funds allocated to non-9/11 related victims of state sponsored terrorism on a pro rata basis, based on the amounts outstanding and unpaid on eligible claims, until such amounts have been paid in full or the Fund is closed; and
(III) further dividing the funds allocated to 9/11 related victims of state sponsored terrorism on a pro rata basis, based on the amounts outstanding and unpaid on eligible claims, until such amounts have been paid in full or the Fund is closed.
(ii) Limitations
The limitations described in this clause are as follows:
(I) In the event that a United States person has an eligible claim that exceeds $20,000,000, the Special Master shall treat that claim as if it were for $20,000,000 for purposes of this section.
(II) In the event that a non-9/11 related victim of state sponsored terrorism and the immediate family members of such person have claims that if aggregated would exceed $35,000,000, the Special Master shall, for purposes of this section, reduce such claims on a pro rata basis such that in the aggregate such claims do not exceed $35,000,000.
(III) In the event that a 9/11 victim, 9/11 spouse, or 9/11 dependent and the immediate family members of such person (who are also 9/11 victims, 9/11 spouses, or 9/11 dependents) have claims that if aggregated would exceed $35,000,000, the Special Master shall, for purposes of this section, reduce such claims on a pro rata basis such that in the aggregate such claims do not exceed $35,000,000.
(IV) In the event that a 9/11 family member and the family members of such person (who are also 9/11 family members) have claims that if aggregated would exceed $20,000,000, the Special Master shall, for purposes of this section, reduce such claims on a pro rata basis such that in the aggregate such claims do not exceed $20,000,000.
(B) Minimum payments
(i) Any applicant with an eligible claim described in subsection (c)(2) who has received, or is entitled or scheduled to receive, any payment that is equal to, or in excess of, 30 percent of the total compensatory damages owed to such applicant on the applicant's claim from any source other than this Fund shall not receive any payment from the Fund until such time as all other eligible applicants have received from the Fund an amount equal to 30 percent of the compensatory damages awarded to those applicants pursuant to their final judgments or to claims under subsection (c)(2)(B) or (c)(2)(C). For purposes of calculating the pro rata amounts for these payments, the Special Master shall not include the total compensatory damages for applicants excluded from payment by this subparagraph.
(ii) To the extent that an applicant with an eligible claim has received less than 30 percent of the compensatory damages owed that applicant under a final judgment or claim described in subsection (c)(2) from any source other than this Fund, such applicant may apply to the Special Master for the difference between the percentage of compensatory damages the applicant has received from other sources and the percentage of compensatory damages to be awarded other eligible applicants from the Fund.
(4) Additional payments
(A) In general
Except as provided in subparagraph (B), on January 1 of the second calendar year that begins after the date of the initial payments described in paragraph (1) if funds are available in the Fund, the Special Master shall authorize additional payments on a pro rata basis to those claimants with eligible claims under subsection (c)(2) and shall authorize additional payments for eligible claims annually thereafter if funds are available in the Fund.
(B) Third round payments
The Special Master shall authorize third-round payments to satisfy eligible claims under this section not earlier than 90 days, and not later than 180 days, after November 21, 2019. The Special Master shall accept applications from eligible applicants (consistent with the deadlines for application submission prescribed in subsection (c)(3)) until the date that is 90 days after November 21, 2019.
(5) Subrogation and retention of rights
(A) United States subrogated to creditor rights to the extent of payment
The United States shall be subrogated to the rights of any person who applies for and receives payments under this section, but only to the extent and in the amount of such payments made under this section. The President shall pursue these subrogated rights as claims or offsets of the United States in appropriate ways, including any negotiation process that precedes the normalization of relations between the foreign state designated as a state sponsor of terrorism and the United States or the lifting of sanctions against such foreign state.
(B) Rights retained
To the extent amounts of damages remain unpaid and outstanding following any payments made under this subsection, each applicant shall retain that applicant's creditor rights in any unpaid and outstanding amounts of the judgment, including any prejudgment or post-judgment interest, or punitive damages, awarded by the United States district court pursuant to a judgment.
(e) United States Victims of State Sponsored Terrorism Fund
(1) Establishment of United States Victims of State Sponsored Terrorism Fund
There is established in the Treasury a fund, to be designated as the United States Victims of State Sponsored Terrorism Fund.
(2) Deposit and transfer
Beginning on December 18, 2015, the following shall be deposited or transferred into the Fund for distribution under this section:
(A) Forfeited funds and property
(i) Criminal funds and property
All funds, and the net proceeds from the sale of property, forfeited or paid to the United States after December 18, 2015, as a criminal penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (
(ii) Civil funds and property
Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after December 18, 2015, as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (
(B) Transfer into Fund of certain assigned assets of Iran and election to participate in Fund
(i) Deposit into Fund of assigned proceeds from sale of properties and related assets identified in In Re 650 Fifth Avenue & Related Properties
(I) In general
Except as provided in subclause (II), if the United States receives a final judgment forfeiting the properties and related assets identified in the proceedings captioned as In Re 650 Fifth Avenue & Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), the net proceeds (not including the litigation expenses and sales costs incurred by the United States) resulting from the sale of such properties and related assets by the United States shall be deposited into the Fund.
(II) Limitation
The following proceeds resulting from any sale of the properties and related assets identified in subclause (I) shall not be transferred into the Fund:
(aa) The percentage of proceeds attributable to any party identified as a Settling Judgment Creditor in the order dated April 16, 2014, in such proceedings, who does not make an election (described in clause (iii)) to participate in the Fund.
(bb) The percentage of proceeds attributable to the parties identified as the Hegna Judgment Creditors in such proceedings, unless and until a final judgment is entered denying the claims of such creditors.
(ii) Deposit into Fund of assigned assets identified in Peterson v. Islamic Republic of Iran
If a final judgment is entered in Peterson v. Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y.), awarding the assets at issue in that case to the judgment creditors identified in the order dated July 9, 2013, those assets shall be deposited into the Fund, but only to the extent, and in such percentage, that the rights, title, and interest to such assets were assigned through elections made pursuant to clause (iii).
(iii) Election to participate in the Fund
Upon written notice to the Attorney General, the Special Master, and the chief judge of the United States District Court for the Southern District of New York within 60 days after the date of the publication required under subsection (b)(2)(A) a United States person, who is a judgment creditor in the proceedings captioned Peterson v. Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y.), or a Settling Judgment Creditor as identified in the order dated May 27, 2014, in the proceedings captioned In Re 650 Fifth Avenue & Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), shall have the right to elect to participate in the Fund and, to the extent any such person exercises such right, shall irrevocably assign to the Fund all rights, title, and interest to such person's claims to the assets at issue in such proceedings. To the extent that a United States person is both a judgment creditor in the proceedings captioned Peterson v. Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y.) and a Settling Judgment Creditor in In Re 650 Fifth Avenue & Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), any election by such person to participate in the Fund pursuant to this paragraph shall operate as an election to assign any and all rights, title, and interest in the assets in both actions for the purposes of participating in the Fund. The Attorney General is authorized to pursue any such assigned rights, title, and interest in those claims for the benefit of the Fund.
(iv) Application for conditional payment
A United States person who is a judgment creditor or a Settling Judgment Creditor in the proceedings identified in clause (iii) and who does not elect to participate in the Fund may, notwithstanding such failure to elect, submit an application for conditional payment from the Fund, subject to the following limitations:
(I) In general
Notwithstanding any such claimant's eligibility for payment and the initial deadline for initial payments set forth in subsection (d)(2), the Special Master shall allocate but withhold payment to an eligible claimant who applies for a conditional payment under this paragraph until such time as an adverse final judgment is entered in both of the proceedings identified in clause (iii).
(II) Exception
(aa) In the event that an adverse final judgment is entered in the proceedings captioned Peterson v. Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y), prior to a final judgment being entered in the proceedings captioned In Re 650 Fifth Avenue & Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), the Special Master shall release a portion of an eligible claimant's conditional payment to such eligible claimant if the Special Master anticipates that such claimant will receive less than the amount of the conditional payment from any proceeds from a final judgment that is entered in favor of the plaintiffs in In Re 650 Fifth Avenue & Related Properties. Such portion shall not exceed the difference between the amount of the conditional payment and the amount the Special Master anticipates such claimant will receive from the proceeds of In Re 650 Fifth Avenue & Related Properties.
(bb) In the event that a final judgment is entered in favor of the plaintiffs in the proceedings captioned Peterson v. Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y) and funds are distributed, the payments allocated to claimants who applied for a conditional payment under this subparagraph shall be considered void, and any funds previously allocated to such conditional payments shall be made available and distributed to all other eligible claimants pursuant to subsection (d).
(3) Expenditures from Fund
Amounts in the Fund shall be available, without further appropriation, for the payment of eligible claims and compensation of the Special Master in accordance with this section.
(4) Management of Fund
The Fund shall be managed and invested in the same manner as a trust fund is managed and invested under
(5) Funding
There is appropriated to the Fund, out of any money in the Treasury not otherwise appropriated, $1,025,000,000 for fiscal year 2017, to remain available until expended.
(6) Termination
(A) In general
Amounts in the Fund may not be obligated on or after January 2, 2030.
(B) Closing of Fund
Effective on the day after all amounts authorized to be paid from the Fund under this section that were obligated before January 2, 2030 are expended, any unobligated balances in the Fund shall be transferred, as appropriate, to either the Department of the Treasury Forfeiture Fund established under
(f) Attorneys' fees and costs
(1) In general
No attorney representing a non-9/11 related victim of state sponsored terrorism shall charge, receive, or collect, and the Special Master shall not approve, any payment of fees and costs that in the aggregate exceeds 25 percent of any payment made under this section. After November 21, 2019, no attorney representing a 9/11 related victim of state sponsored terrorism shall charge, receive, or collect, and the Special Master shall not approve, any payment of fees and costs that in the aggregate exceeds 15 percent of any payment made under this section after November 21, 2019.
(2) Penalty
Any attorney who violates paragraph (1) shall be fined under title 18, imprisoned for not more than 1 year, or both.
(g) Award of compensation to informers
(1) In general
Any United States person who holds a final judgment described in subsection (c)(2)(A) or a claim under subsection (c)(2)(B) or (c)(2)(C) and who meets the requirements set forth in paragraph (2) is entitled to receive an award of 10 percent of the funds deposited in the Fund under subsection (e)(2) attributable to information such person furnished to the Attorney General that leads to a forfeiture described in subsection (e)(2)(A), which is made after December 18, 2015, pursuant to a proceeding resulting in forfeiture that was initiated after December 18, 2015.
(2) Person described
A person meets the requirements of this paragraph if—
(A) the person identifies and notifies the Attorney General of funds or property—
(i) of a state sponsor of terrorism, or held by a third party on behalf of or subject to the control of that state sponsor of terrorism;
(ii) that were not previously identified or known by the United States Government; and
(iii) that are subsequently forfeited directly or in the form of substitute assets to the United States; and
(B) the Attorney General finds that the identification and notification under subparagraph (A) by that person substantially contributed to the forfeiture to the United States.
(h) Special exclusion from compensation
In no event shall an individual who is criminally culpable for an act of international terrorism receive any compensation under this section, either directly or on behalf of a victim.
(i) Report to Congress
Within 30 days after authorizing the payment of compensation of eligible claims pursuant to subsection (d), the Special Master shall submit to the chairman and ranking minority member of the Committee on the Judiciary of the House of Representatives and the chairman and ranking minority member of the Committee on the Judiciary of the Senate a report on the payment of eligible claims, which shall include—
(1) an explanation of the procedures for filing and processing of applications for compensation; and
(2) an analysis of the payments made to United States persons from the Fund and the amount of outstanding eligible claims, 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 number of applications for compensation that are pending for which compensatory damages have not been paid in full; and
(E) the total amount of compensatory damages from eligible claims that have been paid and that remain unpaid.
(j) Definitions
In this section the following definitions apply:
(1) Act of international terrorism
The term "act of international terrorism" includes—
(A) an act of torture, extrajudicial killing, aircraft sabotage, or hostage taking as those terms are defined in
(B) providing material support or resources, as defined in
(2) Adverse final judgment
The term "adverse final judgment" means a final judgment in favor of the defendant, or defendants, in the proceedings identified in subsection (e)(2)(B)(iii), or which does not order any payment from, or award any interest in, the assets at issue in such proceedings to the plaintiffs, judgment creditors, or Settling Judgment Creditors in such proceedings.
(3) Compensatory damages
The term "compensatory damages" does not include pre-judgment or post-judgment interest or punitive damages.
(4) Final judgment
The term "final judgment" means an enforceable final judgment, decree or order on liability and damages entered by a United States district court that is not subject to further appellate review, but does not include a judgment, decree, or order that has been waived, relinquished, satisfied, espoused by the United States, or subject to a bilateral claims settlement agreement between the United States and a foreign state. In the case of a default judgment, such judgment shall not be considered a final judgment until such time as service of process has been completed pursuant to
(5) Fund
The term "Fund" means the United States Victims of State Sponsored Terrorism Fund established by this section.
(6) Source other than this Fund
The term "source other than this Fund" means all collateral sources, including life insurance, pension funds, death benefit programs, payments by Federal, State, or local governments, and court awarded compensation related to the act of international terrorism that gave rise to a claimant's final judgment. The term "entitled or scheduled to receive" in subsection (d)(3)(B)(i) includes any potential recovery where that person or their representative is a party to any civil or administrative action pending in any court or agency of competent jurisdiction in which the party seeks to enforce the judgment giving rise to the application to the Fund.
(7) State sponsor of terrorism
The term "state sponsor of terrorism" means a country the government of which the Secretary of State has determined, for purposes of section 4605(j) 1 of title 50,
(8) United States person
The term "United States person" means a natural person who has suffered an injury arising from the actions of a foreign state for which the foreign state has been determined not to be immune from the jurisdiction of the courts of the United States under section 1605A or section 1605(a)(7) (as such section was in effect on January 27, 2008) of title 28 or is eligible to make a claim under subsection (c)(2)(B) or subsection (c)(2)(C).
(9) Non-9/11 related victim of state sponsored terrorism
The term "non-9/11 victim of state sponsored terrorism" means a United States person who has an eligible claim under subsection (c) that is unrelated to the acts of international terrorism carried out on September 11, 2001.
(10) 9/11 related victim of state sponsored terrorism
The term "9/11 related victim of state sponsored terrorism" means a 9/11 victim, 9/11 spouse, 9/11 dependent, or 9/11 family member.
(11) 9/11 dependent
The term "9/11 dependent" means a United States person who has an eligible claim under subsection (c) who at the time of a 9/11 victim's death was—
(A) a dependent, as defined in section 104.3 of title 28, Code of Federal Regulations, or any successor thereto, of the 9/11 victim; or
(B) the child of the 9/11 victim who has not, before November 21, 2019, received payment from the Fund.
(12) 9/11 family member
The term "9/11 family member" means the immediate family member of an individual described in section 405(c) of the Air Transportation Safety and System Stabilization Act (
(13) 9/11 spouse
The term "9/11 spouse" means a United States person who has an eligible claim under subsection (c) who is a spouse, as defined in section 104.3 of title 28, Code of Federal Regulations, or any successor thereto, of an individual described in section 405(c) of the Air Transportation Safety and System Stabilization Act (
(14) 9/11 victim
The term "9/11 victim" means a United States person who has an eligible claim under subsection (c) who is an individual described in section 405(c)(2) of the Air Transportation Safety and System Stabilization Act (
(k) Severability
The provisions of this section are severable. If any provision of this section, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of this section not so adjudicated.
(
Editorial Notes
References in Text
The United States Victims of State Sponsored Terrorism Fund Clarification Act, referred to in subsec. (b)(2)(A), is
The International Emergency Economic Powers Act, referred to in subsec. (e)(2)(A), is title II of
The Trading with the Enemy Act, referred to in subsec. (e)(2)(A), is act Oct. 6, 1917, ch. 106,
Section 405 of the Air Transportation Safety and System Stabilization Act, referred to in subsec. (j)(12) to (14), is section 405 of
Codification
Section was formerly classified to
Amendments
2019—Subsec. (b)(1)(B).
Subsec. (b)(2)(A).
Subsec. (c)(2)(B).
Subsec. (c)(3)(A)(i)(II).
Subsec. (c)(3)(A)(ii).
Subsec. (d)(3)(A).
"(i)
"(ii)
"(I) In the event that a United States person has an eligible claim that exceeds $20,000,000, the Special Master shall treat that claim as if it were for $20,000,000 for purposes of this section.
"(II) In the event that a United States person and the immediate family members of such person, have claims that if aggregated would exceed $35,000,000, the Special Master shall, for purposes of this section, reduce such claims on a pro rata basis such that in the aggregate such claims do not exceed $35,000,000.
"(III) In the event that a United States person, or the immediate family member of such person, has an eligible claim under this section and has received an award or an award determination under section 405 of the Air Transportation Safety and System Stabilization Act (
Subsec. (d)(4).
Subsec. (e)(2)(A)(ii).
Subsec. (e)(6).
Subsec. (f)(1).
Subsec. (j)(6).
Subsec. (j)(9) to (14).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Construction of 2019 Amendment
1 See References in Text note below.
CHAPTER 203 —VICTIMS OF CHILD ABUSE
SUBCHAPTER I—IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES
SUBCHAPTER II—COURT-APPOINTED SPECIAL ADVOCATE PROGRAM
SUBCHAPTER III—CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND PRACTITIONERS
SUBCHAPTER IV—REPORTING REQUIREMENTS
SUBCHAPTER V—CHILD CARE WORKER EMPLOYEE BACKGROUND CHECKS
SUBCHAPTER I—IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES
§20301. Findings
The Congress finds that—
(1) over 3,300,000 reports of suspected child abuse and neglect are made each year, and drug abuse is associated with a significant portion of these;
(2) the investigation and prosecution of child abuse cases is extremely complex, involving numerous agencies and dozens of personnel;
(3) traditionally, community agencies and professionals have different roles in the prevention, investigation, and intervention process;
(4) in such cases, too often the system does not pay sufficient attention to the needs and welfare of the child victim, aggravating the trauma that the child victim has already experienced;
(5) there is a national need to enhance coordination among community agencies and professionals involved in the intervention system;
(6) multidisciplinary child abuse investigation and prosecution programs have been developed that increase the reporting of child abuse cases, reduce the trauma to the child victim, improve positive outcomes for the child, and increase the successful prosecution of child abuse offenders;
(7) such programs have proven effective, and with targeted Federal assistance, have expanded dramatically throughout the United States; and
(8) State chapters of children's advocacy center networks are needed to—
(A) assist local communities in coordinating their multidisciplinary child abuse investigation, prosecution, and intervention services; and
(B) provide oversight of, and training and technical assistance in, the effective delivery of evidence-informed programming.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2019—Par. (1).
Par. (6).
Par. (7).
Par. (8).
1992—Pars. (3) to (7).
§20302. Definitions
For purposes of this subchapter—
(1) the term "Administrator" means the agency head designated under
(2) the term "applicant" means a child protective service, law enforcement, legal, medical and mental health agency or other agency that responds to child abuse cases;
(3) the term "census region" means 1 of the 4 census regions (northeast, south, midwest, and west) that are designated as census regions by the Bureau of the Census as of November 4, 1992;
(4) the term "child abuse" means physical or sexual abuse or neglect of a child, including human trafficking and the production of child pornography;
(5) the term "multidisciplinary response to child abuse" means a response to child abuse that is based on mutually agreed upon procedures among the community agencies and professionals involved in the intervention, prevention, prosecution, and investigation systems that best meets the needs of child victims and their nonoffending family members;
(6) the term "nonoffending family member" means a member of the family of a victim of child abuse other than a member who has been convicted or accused of committing an act of child abuse;
(7) the term "regional children's advocacy program" means the children's advocacy program established under
(8) the term "State chapter" means a membership organization that provides technical assistance, training, coordination, grant administration, oversight, and support to local children's advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 212 of
Amendments
2019—Par. (1).
Pars. (3) to (9).
2015—Par. (5).
§20303. Regional children's advocacy centers
(a) Establishment of regional children's advocacy program
The Administrator, in coordination with the Director of the Office of Victims of Crime, shall establish a children's advocacy program to—
(1) focus attention on child victims by assisting communities in developing child-focused, community-oriented, facility-based programs designed to improve the resources available to children and families;
(2) enhance coordination among community agencies and professionals involved in the intervention, prevention, prosecution, and investigation systems that respond to child abuse cases;
(3) train physicians and other health care and mental health care professionals, law enforcement officers, child protective service workers, forensic interviewers, prosecutors, and victim advocates, in the multidisciplinary approach to child abuse so that trained personnel will be available to provide support to community agencies and professionals involved in the intervention, prevention, prosecution, and investigation systems that respond to child abuse cases; and
(4) collaborate with State chapters to provide training, technical assistance, coordination, and oversight to—
(A) local children's advocacy centers; and
(B) communities that want to develop local children's advocacy centers.
(b) Activities of regional children's advocacy program
(1) Administrator
The Administrator shall—
(A) establish regional children's advocacy program centers; and
(B) fund existing regional centers with expertise in multidisciplinary team investigation, trauma-informed interventions, and evidence-informed treatment,
for the purpose of enabling grant recipients to provide information, services, and technical assistance to aid communities in establishing multidisciplinary programs that respond to child abuse.
(2) Grant recipients
A grant recipient under this section shall—
(A) assist communities, local children's advocacy centers, multidisciplinary teams, and State chapters—
(i) in developing and expanding a comprehensive, multidisciplinary response to child abuse that is designed to meet the needs of child victims and their families;
(ii) in promoting the effective delivery of the evidence-informed Children's Advocacy Model and the multidisciplinary response to child abuse, including best practices in—
(I) organizational support and development;
(II) programmatic evaluation; and
(III) financial oversight of Federal funding;
(iii) in establishing child-friendly facilities for the investigation of, assessment of, and intervention in abuse;
(iv) in preventing or reducing trauma to children caused by duplicative contacts with community professionals;
(v) in providing families with needed services and assisting them in regaining maximum functioning;
(vi) in maintaining open communication and case coordination among community professionals and agencies involved in child protection efforts;
(vii) in coordinating and tracking investigative, preventive, prosecutorial, and treatment efforts;
(viii) in obtaining information useful for criminal and civil proceedings;
(ix) in holding offenders accountable through improved prosecution of child abuse cases;
(x) in enhancing professional skills necessary to effectively respond to cases of child abuse through training; and
(xi) in enhancing community understanding of child abuse; and
(B) provide training and technical assistance to local children's advocacy centers and interested communities in its census region that are grant recipients under
(c) Operation of regional children's advocacy program
(1) Solicitation of proposals
Not later than 1 year after November 4, 1992, the Administrator shall solicit proposals for assistance under this section.
(2) Minimum qualifications
In order for a proposal to be selected, the Administrator may require an applicant to have in existence, at the time the proposal is submitted, 1 or more of the following:
(A) A proven record in conducting activities of the kinds described in subsection (c).
(B) A facility where children who are victims of sexual or physical abuse and their nonoffending family members can go for the purpose of evaluation, intervention, evidence gathering, and counseling.
(C) Multidisciplinary staff experienced in providing evidence-informed services for children and families.
(D) Experience in serving as a center for training and education and as a resource facility.
(E) National expertise in providing technical assistance to communities with respect to the judicial handling of child abuse and neglect.
(3) Proposal requirements
(A) In general
A proposal submitted in response to the solicitation under paragraph (1) shall—
(i) include a single or multiyear management plan that outlines how the applicant will provide information, services, and technical assistance to communities so that communities can establish multidisciplinary programs that respond to child abuse;
(ii) demonstrate the ability of the applicant to operate successfully a children's advocacy center or provide training to allow others to do so; and
(iii) state the annual cost of the proposal and a breakdown of those costs.
(B) Content of management plan
A management plan described in paragraph (3)(A) shall—
(i) outline the basic activities expected to be performed;
(ii) describe the entities that will conduct the basic activities;
(iii) establish the period of time over which the basic activities will take place; and
(iv) define the overall program management and direction by—
(I) identifying managerial, organizational, and administrative procedures and responsibilities;
(II) demonstrating how implementation and monitoring of the progress of the children's advocacy program after receipt of funding will be achieved; and
(III) providing sufficient rationale to support the costs of the plan.
(4) Selection of proposals
(A) Competitive basis
Proposals shall be selected under this section on a competitive basis.
(B) Criteria
The Administrator shall select proposals for funding that—
(i) best result in developing and establishing multidisciplinary programs that respond to child abuse by assisting, training, and teaching community agencies and professionals called upon to respond to child abuse cases;
(ii) assist in resolving problems that may occur during the development, operation, and implementation of a multidisciplinary program that responds to child abuse;
(iii) to the greatest extent possible and subject to available appropriations, ensure that at least 1 applicant is selected from each of the 4 census regions of the country; and
(iv) otherwise best carry out the purposes of this section.
(5) Funding of program
From amounts made available in separate appropriation Acts, the Administrator shall provide to each grant recipient the financial and technical assistance and other incentives that are necessary and appropriate to carry out this section.
(6) Coordination of effort
In order to carry out activities that are in the best interests of abused and neglected children, a grant recipient shall consult with other grant recipients on a regular basis to exchange ideas, share information, and review children's advocacy program activities.
(d) Review
(1) Evaluation of regional children's advocacy program activities
The Administrator shall regularly monitor and evaluate the activities of grant recipients and shall determine whether each grant recipient has complied with the original proposal and any modifications.
(2) Annual report
A grant recipient shall provide an annual report to the Administrator that—
(A) describes the progress made in satisfying the purpose of the children's advocacy program; and
(B) states whether changes are needed and are being made to carry out the purpose of the children's advocacy program.
(3) Discontinuation of funding
Upon discontinuation of funding of a grant recipient under this section, the Administrator shall solicit new proposals in accordance with subsection (c).
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 213 of
Amendments
2019—Subsec. (a).
Subsec. (a)(2) to (4).
Subsec. (b)(1).
Subsec. (b)(1)(B).
Subsec. (b)(1)(C).
Subsec. (b)(2)(A).
Subsec. (b)(2)(A)(i).
Subsec. (b)(2)(A)(ii).
Subsec. (b)(2)(A)(iii).
Subsec. (b)(2)(A)(iv).
Subsec. (b)(2)(A)(v) to (xi).
Subsec. (b)(2)(B).
Subsec. (c)(2)(C).
Subsec. (c)(3)(A)(ii).
Subsec. (c)(4)(B).
Subsec. (c)(4)(B)(iii) to (v).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsecs. (e), (f).
2003—Subsec. (c)(4).
Subsec. (e)(1)(B)(ii), (2)(A), (3).
Statutory Notes and Related Subsidiaries
Termination of Advisory Boards
Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of
§20304. Local children's advocacy centers
(a) In general
The Administrator, in coordination with the Director of the Office of Victims of Crime, shall make grants to—
(1) develop and enhance multidisciplinary child abuse investigations, intervention, and prosecution; and
(2) promote the effective delivery of the evidence-informed Children's Advocacy Model and the multidisciplinary response to child abuse, including best practices in programmatic evaluation and financial oversight of Federal funding.
(b) Direct services for child victims of a severe form of trafficking in persons and victims of human trafficking and child pornography
The Administrator, in coordination with the Director of the Office of Victims of Crime, may make grants to develop and implement specialized programs to identify and provide direct services to victims of a severe form of trafficking (as defined in section 7102(9)(A) 1 of title 22) who were under the age of 18 at the time of the offense and victims of human trafficking and child pornography.
(c) Grant criteria
(1) The Administrator shall establish the criteria to be used in evaluating applications for grants under subsections (a) and (b) consistent with
(2) In general, the grant criteria established pursuant to paragraph (1) may require that a program include any of the following elements:
(A) A written agreement between local law enforcement, child protective service, health, and other related agencies to coordinate child abuse investigation, prosecution, treatment, and counseling services.
(B) An appropriate site for referring, interviewing, treating, and counseling child victims of sexual and serious physical abuse and neglect and nonoffending family members (referred to as a "children's advocacy center").
(C) Referral of all child abuse cases that meet designated referral criteria to the children's advocacy center not later than 24 hours after notification of an incident of abuse.
(D) Joint initial forensic interviews of child victims by personnel from law enforcement, health, and child protective service agencies.
(E) A requirement that, to the extent practicable, all interviews and meetings with a child victim occur at the children's advocacy center or an agency with which there is a linkage agreement regarding the delivery of multidisciplinary child abuse investigation, prosecution, and intervention services.
(F) Coordination of each step of the investigation process to eliminate duplicative forensic interviews with a child victim.
(G) Designation of a director for the children's advocacy center.
(H) Assignment of a volunteer or staff advocate to each child in order to assist the child and, when appropriate, the child's family, throughout each step of intervention and judicial proceedings.
(I) Such other criteria as the Administrator shall establish by regulation.
(d) Distribution of grants
In awarding grants under this section, the Administrator shall ensure that grants are distributed to all States that are eligible for such grants, including large and small States, and to rural, suburban, and urban jurisdictions.
(e) Consultation with regional children's advocacy centers
A grant recipient under this section shall consult from time to time with regional children's advocacy centers in its census region that are grant recipients under
(f) Grants to State chapters for assistance to local children's advocacy centers
In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide technical assistance, training, coordination, and oversight to other recipients of grants under this section in providing evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.
(
Editorial Notes
References in Text
Codification
Section was formerly classified to
Prior Provisions
A prior section 214 of
Amendments
2019—Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2)(A).
Subsec. (c)(2)(B).
Subsec. (c)(2)(C).
Subsec. (c)(2)(D).
Subsec. (c)(2)(E).
Subsec. (c)(2)(F).
Subsec. (c)(2)(G).
Subsec. (c)(2)(H).
Subsec. (c)(2)(I), (J).
Subsec. (d).
Subsec. (f).
2018—Subsec. (b).
2015—Subsecs. (b) to (e).
2002—Subsec. (b)(1).
1992—
Subsec. (a).
Subsec. (b)(2)(B).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
1 See References in Text note below.
§20305. Grants for specialized technical assistance and training programs
(a) In general
The Administrator shall make grants to national organizations to provide technical assistance and training to—
(1) attorneys and other allied professionals instrumental to the criminal prosecution of child abuse cases in State or Federal courts, for the purpose of improving the quality of criminal prosecution of such cases; and
(2) child abuse professionals instrumental to the protection of children, intervention in child abuse cases, and treatment of victims of child abuse, for the purpose of—
(A) improving the quality of such protection, intervention, and treatment; and
(B) promoting the effective delivery of the evidence-informed Children's Advocacy Model and the multidisciplinary response to child abuse, including best practices in programmatic evaluation and financial oversight of Federal funding.
(b) Grantee organizations
(1) Prosecutors
An organization to which a grant is made for specific training and technical assistance for prosecutors under subsection (a)(1) shall be one that has—
(A) a broad representation of attorneys who prosecute criminal cases in State courts; and
(B) demonstrated experience in providing training and technical assistance for prosecutors.
(2) Child abuse professionals
An organization to which a grant is made for specific training and technical assistance for child abuse professionals under subsection (a)(2) shall be one that has—
(A) a diverse portfolio of training and technical resources for the diverse professionals responding to child abuse, including a digital library to promote evidence-informed practice; and
(B) demonstrated experience in providing training and technical assistance for child abuse professionals, especially law enforcement officers, child protective service workers, prosecutors, forensic interviewers, medical professionals, victim advocates, and mental health professionals.
(c) Grant criteria
(1) The Administrator shall establish the criteria to be used for evaluating applications for grants under this section, consistent with
(2) The grant criteria established pursuant to paragraph (1) shall require, in the case of a grant made under subsection (a)(1), that a program provide training and technical assistance that includes information regarding improved child interview techniques, thorough investigative methods, interagency coordination and effective presentation of evidence in court, including the use of alternative courtroom procedures described in this title.1
(
Editorial Notes
References in Text
This title, referred to in subsec. (c)(2), means title II of
Codification
Section was formerly classified to
Amendments
2019—Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
2002—Subsec. (c)(1).
1992—Subsecs. (a), (c)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
1 See References in Text note below.
§20306. Authorization of appropriations
(a) Sections 20303 and 20304
There are authorized to be appropriated to carry out
(b) Section 20305
There are authorized to be appropriated to carry out
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2019—Subsec. (a).
Subsec. (b).
2014—
2003—
1996—Subsecs. (a)(2), (b)(2).
1992—
§20307. Accountability
(a) In general
All grants awarded by the Administrator under this subchapter shall be subject to the following accountability provisions:
(1) Audit requirement
(A) Definition
In this paragraph, the term "unresolved audit finding" means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed.
(B) Audit
The Inspector General of the Department of Justice shall conduct audits of recipients of grants under this subchapter to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year.
(C) Mandatory exclusion
A recipient of grant funds under this subchapter that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this subchapter during the following 2 fiscal years.
(D) Priority
In awarding grants under this subchapter, the Administrator shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a grant under this subchapter.
(E) Reimbursement
If an entity is awarded grant funds under this subchapter during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Administrator shall—
(i) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
(2) Nonprofit organization requirements
(A) Definition
For purposes of this paragraph, the term "nonprofit organization" means an organization that is described in
(B) Prohibition
The Administrator may not award a grant under any grant program described in this subchapter to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in
(C) Disclosure
Each nonprofit organization that is awarded a grant under this subchapter and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Administrator, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Administrator shall make the information disclosed under this subparagraph available for public inspection.
(3) Conference expenditures
(A) Limitation
No amounts authorized to be appropriated to the Department of Justice under this subchapter may be used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, including the Administrator, provides prior written authorization through an award process or subsequent application that the funds may be expended to host a conference.
(B) Written approval
Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment.
(C) Report
The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph.
(b) Reporting
Not later than March 1 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that—
(1) summarizes the efforts of the Administrator to monitor and evaluate the regional children's advocacy program activities under
(2) describes—
(A) the method by which amounts are allocated to grantees and subgrantees under this subchapter, including to local children's advocacy centers, State chapters, and regional children's advocacy program centers; and
(B) steps the Attorney General has taken to minimize duplication and overlap in the awarding of amounts under this subchapter; and
(3) analyzes the extent to which both rural and urban populations are served under the regional children's advocacy program.
(
Editorial Notes
References in Text
This Act, referred to in par. (3)(A), probably means the Victims of Child Abuse Act of 1990, title II of
Codification
Section was formerly classified to
Amendments
2019—
SUBCHAPTER II—COURT-APPOINTED SPECIAL ADVOCATE PROGRAM
§20321. Findings
The Congress finds that—
(1) Court Appointed Special Advocates, who may serve as guardians ad litem, are trained volunteers appointed by courts to advocate for the best interests of children who are involved in the juvenile and family court system due to abuse or neglect; and
(2) in 2003, Court Appointed Special Advocate volunteers represented 288,000 children, more than 50 percent of the estimated 540,000 children in foster care because of substantiated cases of child abuse or neglect.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2006—Pars. (1), (2).
"(1) the National Court-Appointed Special Advocate provides training and technical assistance to a network of 13,000 volunteers in 377 programs operating in 47 States; and
"(2) in 1988, these volunteers represented 40,000 children, representing approximately 15 percent of the estimated 270,000 cases of child abuse and neglect in juvenile and family courts."
§20322. Purpose
The purpose of this subchapter is to ensure that by January 1, 2015, a court-appointed special advocate shall be available to every victim of child abuse or neglect in the United States that needs such an advocate.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—
2006—
1994—
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Amendment by
§20323. Strengthening of court-appointed special advocate program
(a) In general
The Administrator of the Office of Juvenile Justice and Delinquency Prevention shall make grants to initiate, sustain, and expand the court-appointed special advocate program.
(b) Grantee organizations
(1) An organization to which a grant is made pursuant to subsection (a)—
(A) shall be a national organization that has broad membership among court-appointed special advocates and has demonstrated experience in grant administration of court-appointed special advocate programs and in providing training and technical assistance to court-appointed special advocate program; or
(B) may be a local public or not-for-profit agency that has demonstrated the willingness to initiate, sustain, and expand a court-appointed special advocate program.
(2) An organization described in paragraph (1)(A) that receives a grant may be authorized to make subgrants and enter into contracts with public and not-for-profit agencies to initiate, sustain, and expand the court-appointed special advocate program. Should a grant be made to a national organization for this purpose, the Administrator shall specify an amount not exceeding 5 percent that can be used for administrative purposes by the national organization.
(c) Grant criteria
(1) The Administrator shall establish criteria to be used in evaluating applications for grants under this section, consistent with
(2) In general, the grant criteria established pursuant to paragraph (1) shall require that a court-appointed special advocate program provide screening, training, and supervision of court-appointed special advocates in accordance with standards developed by the National Court-Appointed Special Advocate Association. Such criteria may include the requirements that—
(A) a court-appointed special advocate association program have a mission and purpose in keeping with the mission and purpose of the National Court-Appointed Special Advocate Association and that it abide by the National Court-Appointed Special Advocate Association Standards for Programs;
(B) a court-appointed special advocate association program operate with access to legal counsel;
(C) the management and operation of a court-appointed special advocate program assure adequate supervision of court-appointed special advocate volunteers;
(D) a court-appointed special advocate program keep written records on the operation of the program in general and on each applicant, volunteer, and case;
(E) a court-appointed special advocate program have written management and personnel policies and procedures, screening requirements, and training curriculum;
(F) a court-appointed special advocate program not accept volunteers who have been convicted of, have charges pending for, or have in the past been charged with, a felony or misdemeanor involving a sex offense, violent act, child abuse or neglect, or related acts that would pose risks to children or to the court-appointed special advocate program's credibility;
(G) a court-appointed special advocate program have an established procedure to allow the immediate reporting to a court or appropriate agency of a situation in which a court-appointed special advocate volunteer has reason to believe that a child is in imminent danger;
(H) a court-appointed special advocate volunteer be an individual who has been screened and trained by a recognized court-appointed special advocate program and appointed by the court to advocate for children who come into the court system primarily as a result of abuse or neglect; and
(I) a court-appointed special advocate volunteer serve the function of reviewing records, facilitating prompt, thorough review of cases, and interviewing appropriate parties in order to make recommendations on what would be in the best interests of the child.
(3) In awarding grants under this section, the Administrator shall ensure that grants are distributed to localities that have no existing court-appointed special advocate program and to programs in need of expansion.
(d) Background checks
State and local Court Appointed Special Advocate programs are authorized to request fingerprint-based criminal background checks from the Federal Bureau of Investigation's criminal history database for prospective volunteers. The requesting program is responsible for the reasonable costs associated with the Federal records check.
(e) Reporting
An organization that receives a grant under this section for a fiscal year shall submit to the Administrator a report regarding the use of the grant for the fiscal year, including a discussion of outcome performance measures (which shall be established by the Administrator) to determine the effectiveness of the programs of the organization in meeting the needs of children in the child welfare system.
(