[USC02] 34 USC Subtitle II, CHAPTER 201, SUBCHAPTER I: CRIME VICTIMS FUND
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34 USC Subtitle II, CHAPTER 201, SUBCHAPTER I: CRIME VICTIMS FUND
From Title 34—CRIME CONTROL AND LAW ENFORCEMENTSubtitle II—Protection of Children and Other PersonsCHAPTER 201—VICTIM RIGHTS, COMPENSATION, AND ASSISTANCE

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 (16 U.S.C. 1540(d)); and

(ii) section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)); and


(B) fines to be paid into—

(i) the railroad unemployment insurance account pursuant to the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.);

(ii) the Postal Service Fund pursuant to sections 2601(a)(2) and 2003 of title 39 and for the purposes set forth in section 404(a)(7) of title 39;

(iii) the navigable waters revolving fund pursuant to section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); and

(iv) county public school funds pursuant to section 3613 of title 18;


(2) penalty assessments collected under section 3013 of title 181

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

(4) any money ordered to be paid into the Fund under section 3671(c)(2) of title 18; and

(5) any gifts, bequests, or donations to the Fund from private entities or individuals, 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. Pub. L. 105–119, title I, §109(a)(1), Nov. 26, 1997, 111 Stat. 2457.

(2)(A) Except as provided in subparagraph (B), the first $10,000,000 deposited in the Fund shall be available for grants under section 20104 of this title.

(B)(i) For any fiscal year for which the amount deposited in the Fund is greater than the amount deposited in the Fund for fiscal year 1998, the $10,000,000 referred to in subparagraph (A) plus an amount equal to 50 percent of the increase in the amount from fiscal year 1998 shall be available for grants under section 20104 of this title.

(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 section 20141 of this title) through victim coordinators, victims' specialists, and advocates, including for the administrative support of victim coordinators and advocates providing such services; 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 section 20102 of this title;

(B) 47.5 percent shall be available for grants under section 20103(a) of this title; and

(C) 5 percent shall be available for grants under section 20103(c) of this title.


(5)(A) In addition to the amounts distributed under paragraphs (2), (3), and (4), the Director may set aside up to $50,000,000 from the amounts transferred to the Fund in response to the airplane hijackings and terrorist acts that occurred on September 11, 2001, as an antiterrorism emergency reserve. The Director may replenish any amounts 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 section 20105 of this title and to provide compensation to victims of international terrorism under section 20106 of this title.

(C) Amounts in the antiterrorism emergency reserve established pursuant to subparagraph (A) may be carried over from fiscal year to fiscal year. Notwithstanding subsection (c) 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 section 2259(d) of title 18.

(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 (10 U.S.C. 801 et seq.);

(2) an offense against the laws of the District of Columbia; and

(3) an offense triable by an Indian tribal court or Court of Indian Offenses.

(g) Grants for Indian tribes; child abuse cases

(1) The Attorney General 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.

(Pub. L. 98–473, title II, §1402, Oct. 12, 1984, 98 Stat. 2170; Pub. L. 99–401, title I, §102(b)(1), (2), Aug. 27, 1986, 100 Stat. 904; Pub. L. 99–646, §82, Nov. 10, 1986, 100 Stat. 3619; Pub. L. 100–690, title VII, §§7121, 7124, Nov. 18, 1988, 102 Stat. 4419, 4422; Pub. L. 101–647, title V, §504, Nov. 29, 1990, 104 Stat. 4822; Pub. L. 102–572, title X, §1001, Oct. 29, 1992, 106 Stat. 4520; Pub. L. 103–121, title I, §110(a), Oct. 27, 1993, 107 Stat. 1164; Pub. L. 103–322, title XXIII, §230201, title XXXIII, §330025(a), Sept. 13, 1994, 108 Stat. 2079, 2151; Pub. L. 104–132, title II, §§232(b), (c)(1), 236, Apr. 24, 1996, 110 Stat. 1243, 1244, 1247; Pub. L. 104–208, div. A, title I, §101(a) [title I, §112], Sept. 30, 1996, 110 Stat. 3009, 3009-21; Pub. L. 105–119, title I, §109(a), Nov. 26, 1997, 111 Stat. 2457; Pub. L. 106–113, div. B, §1000(a)(1) [title I, §119], Nov. 29, 1999, 113 Stat. 1535, 1501A-22; Pub. L. 106–177, title I, §104(a), Mar. 10, 2000, 114 Stat. 36; Pub. L. 106–386, div. C, §2003(b), (c)(2), (d), Oct. 28, 2000, 114 Stat. 1544, 1546; Pub. L. 106–553, §1(a)(2) [title I, §113, formerly §114], Dec. 21, 2000, 114 Stat. 2762, 2762A-68, renumbered Pub. L. 106–554, §1(a)(4) [div. A, §213(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-179; Pub. L. 107–56, title VI, §621(a)–(d), Oct. 26, 2001, 115 Stat. 370, 371; Pub. L. 107–77, title I, §111, Nov. 28, 2001, 115 Stat. 765; Pub. L. 109–162, title XI, §1132, Jan. 5, 2006, 119 Stat. 3107; Pub. L. 109–435, title I, §102(b), Dec. 20, 2006, 120 Stat. 3200; Pub. L. 113–163, §3, Aug. 8, 2014, 128 Stat. 1866; Pub. L. 114–22, title I, §113(b), May 29, 2015, 129 Stat. 241; Pub. L. 114–236, §2(c), Oct. 7, 2016, 130 Stat. 967; Pub. L. 115–299, §5(b), Dec. 7, 2018, 132 Stat. 4387.)

References in Text

The Railroad Unemployment Insurance Act, referred to in subsec. (b)(1)(B)(i), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 367 of Title 45 and Tables.

Section 3613 of title 18, referred to in subsec. (b)(1)(B)(iv), was repealed effective on the first day of the first calendar month beginning 36 months after Oct. 12, 1984 (Nov. 1, 1987), by Pub. L. 98–473, title II, §§212(a)(2), 235(a)(1), Oct. 12, 1984, 98 Stat. 1987, 2031, as amended.

Section 3671(c)(2) of title 18, referred to in subsec. (b)(4), was renumbered section 3681(c)(2) by Pub. L. 99–646, §41(a), Nov. 10, 1986, 100 Stat. 3600.

Section 619 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, referred to in subsec. (d)(5)(C), is section 1(a)(2) [title VI, §619] of Pub. L. 106–553, which was formerly set out as a note below.

The Uniform Code of Military Justice, referred to in subsec. (f)(1), is classified generally to chapter 47 (§801 et seq.) of Title 10, Armed Forces.

Section 5304 of title 25, referred to in subsec. (g)(3), has been amended, and subsec. (b) of section 5304 no longer defines the term "Indian tribe". However, such term is defined elsewhere in that section.

Codification

Section was formerly classified to section 10601 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

Amendments

2018—Subsec. (d)(6). Pub. L. 115–299 added par. (6).

2016—Subsec. (d)(3)(A)(i). Pub. L. 114–236 inserted "or section 3772, as it relates to direct services," after "section 3771".

2015—Subsec. (d)(3)(A)(i). Pub. L. 114–22 inserted "section" before "3771".

2014—Subsec. (d)(3). Pub. L. 113–163 designated existing provisions as subpar. (A), substituted "available only for—" for "available for the United States Attorneys Offices and the Federal Bureau of Investigation to improve services for the benefit of crime victims in the Federal criminal justice system, and for a Victim Notification System.", added cls. (i) and (ii) of subpar. (A), and added subpar. (B).

2006—Subsec. (b)(1)(B)(ii). Pub. L. 109–435 substituted "404(a)(7)" for "404(a)(8)".

Subsec. (b)(5). Pub. L. 109–162, §1132(1), struck out period at end and inserted ", 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—" and subpars. (A) and (B).

Subsec. (d)(5)(A). Pub. L. 109–162, §1132(2), substituted "obligated" for "expended".

Subsec. (g)(1). Pub. L. 109–162, §1132(3)(A), struck out ", acting through the Director," after "Attorney General".

Subsec. (g)(2), (3). Pub. L. 109–162, §1132(3)(B), (C), added par. (2) and redesignated former par. (2) as (3).

2001—Subsec. (b)(5). Pub. L. 107–56, §621(a), added par. (5).

Subsec. (c). Pub. L. 107–77, §111(b), amended heading and text of subsec. (c) to read as it did the day before enactment of amendment by Pub. L. 107–56. Text, as amended generally by Pub. L. 107–56, read as follows:

"(1) Subject to the availability of money in the Fund, in each fiscal year, beginning with fiscal year 2003, the Director shall distribute not less than 90 percent nor more than 110 percent of the amount distributed from the Fund in the previous fiscal year, except the Director may distribute up to 120 percent of the amount distributed in the previous fiscal year in any fiscal year that the total amount available in the Fund is more than 2 times the amount distributed in the previous fiscal year.

"(2) In each fiscal year, the Director shall distribute amounts from the Fund in accordance with subsection (d) of this section. All sums not distributed during a fiscal year shall remain in reserve in the Fund to be distributed during a subsequent fiscal year. Notwithstanding any other provision of law, all sums deposited in the Fund that are not distributed shall remain in reserve in the Fund for obligation in future fiscal years, without fiscal year limitation."

Pub. L. 107–56, §621(b), amended heading and text of subsec. (c) generally.

Subsec. (d)(3). Pub. L. 107–77, §111(a), inserted before period at end ", and for a Victim Notification System".

Subsec. (d)(4). Pub. L. 107–56, §621(c), substituted "to be distributed from" for "deposited in" in introductory provisions, "47.5 percent" for "48.5 percent" in subpars. (A) and (B), and "5 percent" for "3 percent" in subpar. (C).

Subsec. (d)(5). Pub. L. 107–56, §621(d), amended par. (5) generally. Prior to amendment, par. (5) read as follows:

"(5)(A) If the sums available in the Fund are sufficient to fully provide grants to the States pursuant to section 10602(a)(1) of this title, the Director may retain any portion of the Fund that was deposited during a fiscal year that was in excess of 110 percent of the total amount deposited in the Fund during the preceding fiscal year as an emergency reserve. Such reserve shall not exceed $100,000,000.

"(B) The emergency reserve referred to in subparagraph (A) may be used for supplemental grants under section 10603b of this title, to provide compensation to victims of international terrorism under the program under section 10603c of this title, and to supplement the funds available to provide grants to States for compensation and assistance in accordance with sections 10602 and 10603 of this title in years in which supplemental grants are needed."

2000—Subsec. (c). Pub. L. 106–386, §2003(d), which directed insertion of "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." at the end of section 1402(c) of the Victims of Crime Act 1984, was executed by making the insertion at the end of subsec. (c) of this section, which is section 1402 of the Victims of Crime Act of 1984, to reflect the probable intent of Congress.

Subsec. (d)(2). Pub. L. 106–177 designated existing provisions as subpar. (A), substituted "Except as provided in subparagraph (B), the first $10,000,000" for "The first $10,000,000", and added subpar. (B).

Subsec. (d)(3). Pub. L. 106–553, as renumbered by Pub. L. 106–554, inserted "and the Federal Bureau of Investigation" after "United States Attorneys Offices".

Subsec. (d)(5)(A). Pub. L. 106–386, §2003(b)(1), substituted "$100,000,000" for "$50,000,000".

Subsec. (d)(5)(B). Pub. L. 106–386, §2003(c)(2), inserted ", to provide compensation to victims of international terrorism under the program under section 10603c of this title," after "section 10603b of this title".

Subsec. (e). Pub. L. 106–386, §2003(b)(2), substituted "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" for "in excess of $500,000 shall be returned to the Treasury. Any remaining unobligated sums in an amount less than $500,000".

1999—Subsec. (d)(3) to (5). Pub. L. 106–113 added par. (3), redesignated former pars. (3) and (4) as (4) and (5), respectively, and struck out former par. (5) which read as follows: "The Director may set aside up to $500,000 of the reserve fund described in paragraph (4) to make supplemental grants to United States Attorneys Offices to provide necessary assistance to victims of the bombing of the Alfred P. Murrah Federal Building in Oklahoma City, to facilitate observation of and/or participation by such victims in trial proceedings arising therefrom, including, without limitation, provision of lodging and travel assistance, and to pay such other, related expenses determined to be necessary by the Director."

1997—Subsec. (d)(1). Pub. L. 105–119, §109(a)(1), struck out par. (1) which read as follows: "The first $6,200,000 deposited in the Fund in each of the fiscal years 1992 through 1995 and the first $3,000,000 in each fiscal year thereafter shall be available to the judicial branch for administrative costs to carry out the functions of the judicial branch under sections 3611 and 3612 of title 18."

Subsec. (d)(2). Pub. L. 105–119, §109(a)(2), substituted "The first" for "the next".

1996—Subsec. (c). Pub. L. 104–132, §232(c)(1)(A), substituted "under this chapter" for "under this subsection".

Subsec. (d)(3)(B). Pub. L. 104–132, §236, substituted "section 10603(a) of this title" for "section 10603a of this title".

Subsec. (d)(4). Pub. L. 104–132, §232(b), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "The Director may retain any portion of the Fund that was deposited during a fiscal year that is in excess of 110 percent of the total amount deposited in the Fund during the preceding fiscal year as a reserve for use in a year in which the Fund falls below the amount available in the previous year. Such reserve may not exceed $20,000,000."

Subsec. (d)(5). Pub. L. 104–208 added par. (5).

Subsec. (e). Pub. L. 104–208 substituted "3 succeeding fiscal years" for "2 succeeding fiscal years".

Pub. L. 104–132, §232(c)(1)(B), reenacted heading without change and amended text generally. Prior to amendment, text read as follows:

"(1) Except as provided in paragraph (2), any sums awarded as part of a grant under this chapter that remain unspent at the end of a fiscal year in which such grant is made may be expended for the purpose for which such grant is made at any time during the next succeeding fiscal year, at the end of which year any remaining unobligated sums shall be returned to the general fund of the Treasury.

"(2) For the purposes of the application of paragraph (1) to any grant under this chapter with respect to fiscal year 1985, there shall be substituted in such paragraph 'two succeeding fiscal years' for 'succeeding fiscal year' and 'which period' for 'which year'."

1994—Subsec. (d)(2). Pub. L. 103–322, §230201(a)(1), added par. (2) and struck out former par. (2) which read as follows: "Of the next $100,000,000 deposited in the Fund in a particular fiscal year—

"(A) 49.5 percent shall be available for grants under section 10602 of this title;

"(B) 45 percent shall be available for grants under section 10603(a) of this title;

"(C) 1 percent shall be available for grants under section 10603(c) of this title; and

"(D) 4.5 percent shall be available for grants as provided in section 10603a of this title."

Subsec. (d)(3). Pub. L. 103–322, §330025(a), which directed amendment of par. (3) by substituting "section 10603a" for "section 10603(a)" was executed to subpar. (B).

Pub. L. 103–322, §230201(a)(2), added par. (3) and struck out former par. (3) which read as follows: "The next $5,500,000 deposited in the Fund in a particular fiscal year shall be available for grants under section 10603a of this title."

Subsec. (d)(4). Pub. L. 103–322, §230201(a)(3), added par. (4) and struck out former par. (4) which read as follows: "The next $4,500,000 deposited in the Fund in a particular fiscal year shall be available for grants under section 10603(a) of this title."

Subsec. (d)(5). Pub. L. 103–322, §230201(a)(4), struck out par. (5) which read as follows: "Any deposits in the Fund in a particular fiscal year that remain after the funds are distributed under paragraphs (1) through (4) shall be available as follows:

"(A) 47.5 percent shall be available for grants under section 10602 of this title.

"(B) 47.5 percent shall be available for grants under section 10603(a) of this title.

"(C) 5 percent shall be available for grants under section 10603(c) of this title."

Subsec. (g)(1). Pub. L. 103–322, §230201(b), substituted "subsection (d)(2)" for "subsection (d)(2)(D)".

1993—Subsec. (d)(2)(C), (D). Pub. L. 103–121, §110(a)(1), added subpars. (C) and (D).

Subsec. (d)(3). Pub. L. 103–121, §110(a)(2), substituted "section 10603a of this title" for "section 10603(a) of this title".

Subsec. (g)(1). Pub. L. 103–121, §110(a)(3), substituted "subsection (d)(2)(D)" for "subsection (d)(2)(A)(iv)".

1992—Subsec. (c). Pub. L. 102–572, §1001(1), added subsec. (c) and struck out former subsec. (c) which read as follows:

"(1)(A) If the total deposited in the Fund during a particular fiscal year reaches the ceiling sum described in subparagraph (B), the excess over the ceiling sum shall not be part of the Fund. The first $2,200,000 of such excess shall be available to the judicial branch for administrative costs to carry out the functions of the judicial branch under sections 3611 and 3612 of title 18 and the remaining excess shall be deposited in the general fund of the Treasury.

"(B) The ceiling sum referred to in subparagraph (A) is—

"(i) $125,000,000 through fiscal year 1990; and

"(ii) $150,000,000 thereafter through fiscal year 1994.

"(2) No deposits shall be made in the Fund after September 30, 1994."

Subsec. (d). Pub. L. 102–572, §1001(2), added subsec. (d) and struck out former subsec. (d) which read as follows:

"(1) Sums deposited in the Fund shall remain in the Fund and be available for expenditure under this subsection for grants under this chapter without fiscal year limitation.

"(2) The Fund shall be available as follows:

"(A) Of the first $100,000,000 deposited in the Fund in a particular fiscal year—

"(i) 49.5 percent shall be available for grants under section 10602 of this title;

"(ii) 45 percent shall be available for grants under section 10603(a) of this title;

"(iii) 1 percent shall be available for grants under section 10603(c) of this title; and

"(iv) 4.5 percent shall be available for grants as provided in section 10603a of this title.

"(B) The next $5,500,000 deposited in the Fund in a particular fiscal year shall be available for grants as provided in section 10603a of this title.

"(C) Any deposits in the Fund in a particular fiscal year in excess of $105,500,000, but not in excess of $110,000,000, shall be available for grants under section 10603(a) of this title.

"(D) Any deposits in the Fund in a particular fiscal year in excess of $110,000,000 shall be available as follows:

"(i) 47.5 percent shall be available for grants under section 10602 of this title;

"(ii) 47.5 percent shall be available for grants under section 10603(a) of this title; and

"(iii) 5 percent shall be available for grants under section 10603(c)(1)(B) of this title."

1990—Subsec. (c)(1)(B)(i). Pub. L. 101–647 substituted "1990" for "1991".

1988—Subsec. (c). Pub. L. 100–690, §7121(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:

"(1) If the total deposited in the Fund during a particular fiscal year reaches the sum of $110 million, the excess over that sum shall be deposited in the general fund of the Treasury and shall not be a part of the Fund.

"(2) No deposits shall be made in the Fund after September 30, 1988."

Subsec. (d)(2)(C). Pub. L. 100–690, §7121(b)(2), inserted ", but not in excess of $110,000,000," after "$105,500,000".

Subsec. (d)(2)(D). Pub. L. 100–690, §7121(b)(1), added subpar. (D).

Subsec. (g). Pub. L. 100–690, §7124, added subsec. (g).

1986—Subsec. (c)(1). Pub. L. 99–401, §102(b)(1), substituted "$110 million" for "$100 million".

Subsec. (d)(2). Pub. L. 99–401, §102(b)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Fifty percent of the total deposited in the Fund during a particular fiscal year shall be available for grants under section 10602 of this title and fifty percent shall be available for grants under section 10603 of this title."

Subsec. (e). Pub. L. 99–646 designated existing provision as par. (1), substituted "Except as provided in paragraph (2), any" for "Any", and added par. (2).

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Jan. 1, 1993, see section 1101 of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress.

Effective Date of 1988 Amendment

Pub. L. 100–690, title VII, §7129, Nov. 18, 1988, 102 Stat. 4423, as amended by Pub. L. 101–647, title V, §505, Nov. 29, 1990, 104 Stat. 4822, provided that: "The amendments made by this chapter [probably means this subtitle, subtitle D (§§7121–7130) of title VII of Pub. L. 100–690, enacting section 20111 of this title, amending this section and sections 20102, 20103, and 20110 of this title, and enacting provisions set out as a note under this section] shall not apply with respect to a State compensation program that was an eligible State crime victim compensation program on the date of the enactment of this Act [Nov. 18, 1988] until October 1, 1991."

Effective Date

Pub. L. 98–473, title II, §1409, Oct. 12, 1984, 98 Stat. 2178, provided that:

"(a) Except as provided in subsection (b), this chapter [chapter XIV (§§1401–1411) of title II of Pub. L. 98–473, see Short Title of 1984 Act note set out under section 10101 of this title] and the amendments made by this chapter shall take effect thirty days after the date of enactment of this joint resolution [Oct. 12, 1984].

"(b) Sections 1402, 1403, 1404, and 1407 of this chapter [enacting this subchapter] shall take effect on October 1, 1984."

Victims of September 11, 2001

Pub. L. 107–56, title VI, §621(e), Oct. 26, 2001, 115 Stat. 371, provided that: "Amounts transferred to the Crime Victims Fund for use in responding to the airplane hijackings and terrorist acts (including any related search, rescue, relief, assistance, or other similar activities) that occurred on September 11, 2001, shall not be subject to any limitation on obligations from amounts deposited to or available in the Fund, notwithstanding—

"(1) section 619 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 [section 1(a)(2) [title VI, §619] of Pub. L. 106–553, formerly set out as a note below], and any similar limitation on Fund obligations in such Act for Fiscal Year 2002 [see Pub. L. 107–77, title VI, §619, Nov. 28, 2001, 115 Stat. 802, formerly set out as a note below]; and

"(2) subsections (c) and (d) of section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) [now 34 U.S.C. 20101]."

Limitation on Amounts Available for Obligation

Pub. L. 116–6, div. C, title V, §510, Feb. 15, 2019, 133 Stat. 130, provided in part that: "Notwithstanding any other provision of law, amounts deposited or available in the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 (34 U.S.C. 20101) in any fiscal year in excess of $3,353,000,000 shall not be available for obligation until the following fiscal year."

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 115–141, div. B, title V, §510, Mar. 23, 2018, 132 Stat. 437.

Pub. L. 115–31, div. B, title III, §510, May 5, 2017, 131 Stat. 221.

Pub. L. 114–113, div. B, title V, §510, Dec. 18, 2015, 129 Stat. 2324.

Pub. L. 113–235, div. B, title V, §510, Dec. 16, 2014, 128 Stat. 2210.

Pub. L. 113–76, div. B, title V, §510, Jan. 17, 2014, 128 Stat. 79.

Pub. L. 113–6, div. B, title V, §510, Mar. 26, 2013, 127 Stat. 271.

Pub. L. 112–55, div. B, title V, §512, Nov. 18, 2011, 125 Stat. 632.

Pub. L. 111–117, div. B, title V, §512, Dec. 16, 2009, 123 Stat. 3151.

Pub. L. 111–8, div. B, title V, §512, Mar. 11, 2009, 123 Stat. 596.

Pub. L. 110–161, div. B, title V, §513, Dec. 26, 2007, 121 Stat. 1926.

Pub. L. 109–108, title VI, §612, Nov. 22, 2005, 119 Stat. 2336.

Pub. L. 108–447, div. B, title VI, §616, Dec. 8, 2004, 118 Stat. 2915.

Pub. L. 108–199, div. B, title VI, §618, Jan. 23, 2004, 118 Stat. 95.

Pub. L. 108–7, div. B, title VI, §617, Feb. 20, 2003, 117 Stat. 102.

Pub. L. 107–77, title VI, §619, Nov. 28, 2001, 115 Stat. 802.

Pub. L. 106–553, §1(a)(2) [title VI, §619], Dec. 21, 2000, 114 Stat. 2762, 2762A-107.

Pub. L. 106–113, div. B, §1000(a)(1) [title VI, §620], Nov. 29, 1999, 113 Stat. 1535, 1501A-55.

Interaction With Any Cap

Pub. L. 106–177, title I, §104(b), Mar. 10, 2000, 114 Stat. 36, provided that: "Subsection (a) [amending this section] shall be implemented so that any increase in funding provided thereby shall operate notwithstanding any dollar limitation on the availability of the Crime Victims Fund established under the Victims of Crime Act of 1984 [34 U.S.C. 20101 et seq.]."

Transfer of Certain Unobligated Funds

Pub. L. 105–119, title I, §109(b), Nov. 26, 1997, 111 Stat. 2457, provided that: "Any unobligated sums hitherto available to the judicial branch pursuant to the paragraph repealed by subsection (a) [former 34 U.S.C. 20101(d)(1)] shall be deemed to be deposits into the Crime Victims Fund as of the effective date hereof [Nov. 26, 1997] and may be used by the Director of the Office for Victims of Crime to improve services for the benefit of crime victims, including the processing and tracking of criminal monetary penalties and related litigation activities, in the Federal criminal justice system."

Retroactive Transfer to Fund

Pub. L. 100–690, title VII, §7130, Nov. 18, 1988, 102 Stat. 4423, provided that: "An amount equivalent to those sums which would have been placed in the Fund under section 1402(b) of the Victims of Crime Act [34 U.S.C. 20101(b)], but for the effect of section 1402(c)(2) of such Act, is hereby transferred to the Fund from any sums not appropriated from the general treasury."

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 Public Law 107–42), for the purpose of any maximum allowed income, resource, or asset eligibility requirement in any Federal, State, or local government program using Federal funds that provides medical or other assistance (or payment or reimbursement of the cost of such assistance), any amount of crime victim compensation that the applicant receives through a crime victim compensation program under this section shall not be included in the income, resources, or assets of the applicant, nor shall that amount reduce the amount of the assistance available to the applicant from Federal, State, or local government programs using Federal funds, unless the total amount of assistance that the applicant receives from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime.

(d) Definitions

As used in this section—

(1) the term "property damage" does not include damage to prosthetic devices, eyeglasses or other corrective lenses, or dental devices;

(2) the term "medical expenses" includes, to the extent provided under the eligible crime victim compensation program, expenses for eyeglasses or other corrective lenses, for dental services and devices and prosthetic devices, and for services rendered in accordance with a method of healing recognized by the law of the State;

(3) the term "compensable crime" means a crime the victims of which are eligible for compensation under the eligible crime victim compensation program, and includes crimes, whose victims suffer death or personal injury, that are described in section 247 of title 18, driving while intoxicated, and domestic violence; and

(4) the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and any other possession or territory of the United States.

(e) Relationship to certain Federal programs

Notwithstanding any other law, if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, including the program established under title IV of Public Law 107–42, or a federally financed State or local program, would otherwise pay,— 1

(1) such crime victim compensation program shall not pay that compensation; and

(2) the other program shall make its payments without regard to the existence of the crime victim compensation program.

(Pub. L. 98–473, title II, §1403, Oct. 12, 1984, 98 Stat. 2171; Pub. L. 100–690, title VII, §§7123(b)(1)–(3), 7125, 7126, Nov. 18, 1988, 102 Stat. 4421–4423; Pub. L. 103–322, title XXIII, §§230202, 230203, title XXXIII, §330025(b), Sept. 13, 1994, 108 Stat. 2079, 2151; Pub. L. 104–132, title II, §§233(a), (b), 234(a)(1), (b), Apr. 24, 1996, 110 Stat. 1244, 1245; Pub. L. 104–155, §5, July 3, 1996, 110 Stat. 1394; Pub. L. 107–56, title VI, §622(a)–(e)(1), Oct. 26, 2001, 115 Stat. 371, 372; Pub. L. 109–162, title XI, §1133(a), Jan. 5, 2006, 119 Stat. 3108.)

References in Text

Title IV of Public Law 107–42, referred to in subsecs. (c) and (e), is set out as a note under section 40101 of Title 49, Transportation.

Codification

Section was formerly classified to section 10602 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2006—Subsec. (a)(3). Pub. L. 109–162 inserted "training purposes and" after "may be used for".

2001—Subsec. (a)(1), (2). Pub. L. 107–56, §622(a), inserted "in fiscal year 2002 and of 60 percent in subsequent fiscal years" after "40 percent".

Subsec. (b)(6)(B). Pub. L. 107–56, §622(b), which directed striking out "are outside the United States (if the compensable crime is terrorism, as defined in section 2331 of title 18), or", was executed by striking out "are outside of the United States (if the compensable crime is terrorism, as defined in section 2331 of title 18), or" after "the places the crimes occurred in" to reflect the probable intent of Congress.

Subsec. (c). Pub. L. 107–56, §622(c), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: "Notwithstanding any other law, for the purpose of any maximum allowed income eligibility requirement in any Federal, State, or local government program using Federal funds that provides medical or other assistance (or payment or reimbursement of the cost of such assistance) that becomes necessary to an applicant for such assistance in full or in part because of the commission of a crime against the applicant, as determined by the Director, any amount of crime victim compensation that the applicant receives through a crime victim compensation program under this section shall not be included in the income of the applicant until the total amount of assistance that the applicant receives from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime."

Subsec. (d)(3). Pub. L. 107–56, §622(d)(1), struck out "crimes involving terrorism," after "section 247 of title 18,".

Subsec. (d)(4). Pub. L. 107–56, §622(d)(2), inserted "the United States Virgin Islands," after "the Commonwealth of Puerto Rico,".

Subsec. (e). Pub. L. 107–56, §622(e)(1), inserted "including the program established under title IV of Public Law 107–42," after "Federal program," in introductory provisions.

1996—Subsec. (b)(6)(B). Pub. L. 104–132, §233(b), inserted "are outside of the United States (if the compensable crime is terrorism, as defined in section 2331 of title 18), or" before "are States not having".

Subsec. (b)(8), (9). Pub. L. 104–132, §234(a)(1), added par. (8) and redesignated former par. (8) as (9).

Subsec. (c). Pub. L. 104–132, §234(b), added subsec. (c).

Subsec. (d)(3). Pub. L. 104–155 inserted "crimes, whose victims suffer death or personal injury, that are described in section 247 of title 18," after "includes".

Pub. L. 104–132, §233(a), substituted "crimes involving terrorism, driving while intoxicated," for "driving while intoxicated".

1994—Subsec. (a)(1). Pub. L. 103–322, §230203(a), substituted "Except as provided in paragraph (3), a grant" for "A grant" in last sentence.

Subsec. (a)(3). Pub. L. 103–322, §230203(b), added par. (3).

Subsec. (b)(1). Pub. L. 103–322, §330025(b), inserted before semicolon at end "for—" and subpars. (A) to (C).

Subsec. (e). Pub. L. 103–322, §230202, added subsec. (e).

1988—Subsec. (a). Pub. L. 100–690, §§7123(b)(1), (2), 7125(b), substituted "Director" for "Attorney General" and "40 percent" for "35 percent" in pars. (1) and (2).

Subsec. (b)(1). Pub. L. 100–690, §7125(c)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "such program is operated by a State and offers compensation to victims of crime and survivors of victims of crime for—

"(A) medical expenses attributable to a physical injury resulting from compensable crime, including expenses for mental health counseling and care;

"(B) loss of wages attributable to a physical injury resulting from a compensable crime; and

"(C) funeral expenses attributable to a death resulting from a compensable crime;".

Subsec. (b)(5). Pub. L. 100–690, §7125(d), amended par. (5) generally. Prior to amendment, par. (5) read as follows: "such program provides compensation to victims of crimes occurring within such State that would be compensable crimes, but for the fact that such crimes are subject to Federal jurisdiction, on the same basis that such program provides compensation to victims of compensable crimes; and".

Subsec. (b)(6), (7). Pub. L. 100–690, §7125(a)(1), added pars. (6) and (7). Former par. (6) redesignated (8).

Subsec. (b)(8). Pub. L. 100–690, §§7123(b)(3), 7125(a)(2), redesignated par. (6) as (8) and substituted "Director" for "Attorney General".

Subsec. (c). Pub. L. 100–690, §7125(e), struck out subsec. (c) which read as follows: "A State crime victim compensation program in effect on the date grants may first be made under this section shall be deemed an eligible crime victim compensation program for the purposes of this section until the day after the close of the first regular session of the legislature of that State that begins after such date."

Subsec. (d)(1). Pub. L. 100–690, §7126(a), inserted reference to eyeglasses or other corrective lenses.

Subsec. (d)(2). Pub. L. 100–690, §7126(b), inserted reference to eyeglasses or other corrective lenses and inserted comma after "prosthetic devices".

Subsec. (d)(3). Pub. L. 100–690, §7125(c)(2), inserted reference to driving while intoxicated and domestic violence.

Effective Date of 1996 Amendment

Pub. L. 104–132, title II, §233(d), Apr. 24, 1996, 110 Stat. 1245, as amended by Pub. L. 105–119, title I, §120, Nov. 26, 1997, 111 Stat. 2468, provided that: "This section [amending this section] and the amendments made by this section shall take effect October 1, 1999."

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–690 not applicable with respect to a State compensation program that was an eligible State crime victim compensation program on Nov. 18, 1988, until Oct. 1, 1991, see section 7129 of Pub. L. 100–690, as amended, set out as a note under section 20101 of this title.

Application of Amendment by Section 234(a)(1) of Pub. L. 104–132

Pub. L. 104–132, title II, §234(a)(2), Apr. 24, 1996, 110 Stat. 1245, provided that: "Section 1403(b)(8) of the Victims of Crime Act of 1984 [34 U.S.C. 20102(b)(8)], as added by paragraph (1) of this section, shall not be applied to deny victims compensation to any person until the date on which the Attorney General, in consultation with the Director of the Administrative Office of the United States Courts, issues a written determination that a cost-effective, readily available criminal debt payment tracking system operated by the agency responsible for the collection of criminal debt has established cost-effective, readily available communications links with entities that administer Federal victim compensation programs that are sufficient to ensure that victim compensation is not denied to any person except as authorized by law."

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 section 20102 of this title but not used for that purpose, to the chief executive of each State for the financial support of eligible crime victim assistance programs.

(2) Such chief executive shall—

(A) certify that priority shall be given to eligible crime victim assistance programs providing assistance to victims of sexual assault, spousal abuse, or child abuse;

(B) certify that funds shall be made available for grants to programs which serve previously underserved populations of victims of violent crime. The Director, after consultation with State and local officials and representatives from private organizations, shall issue guidelines to implement this section that provide flexibility to the States in determining the populations of victims of violent crimes that may be underserved in their respective States;

(C) certify that funds awarded to eligible crime victim assistance programs will not be used to supplant State and local funds otherwise available for crime victim assistance; and

(D) provide such other information and assurances related to the purposes of this section as the Director may reasonably require.


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

(A) the base amount to each State; and

(B) that portion of the then remaining available money to each State that results from a distribution among the States on the basis of each State's population in relation to the population of all States.


(4) If the amount available for grants under paragraph (1) is insufficient to provide the base amount to each State, the funds available shall be distributed equally among the States.

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

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

(B) for the territories of the Northern Mariana Islands, Guam, American Samoa, and the Republic of Palau, $200,000, with the Republic of Palau's share governed by the Compact of Free Association between the United States and the Republic of Palau.


(6) An agency of the Federal Government performing local law enforcement functions in and on behalf of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any other territory or possession of the United States may qualify as an eligible crime victim assistance program for the purpose of grants under this subsection, or for the purpose of grants under subsection (c)(1).

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

(B) consult with the heads of Federal law enforcement agencies that have responsibilities affecting victims of Federal crimes;

(C) coordinate victim services provided by the Federal Government with victim services offered by other public agencies and nonprofit organizations;

(D) perform such other functions related to the purposes of this title 2 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.

(Pub. L. 98–473, title II, §1404, Oct. 12, 1984, 98 Stat. 2172; Pub. L. 99–401, title I, §102(b)(4), (5), Aug. 27, 1986, 100 Stat. 905; Pub. L. 99–646, §71, Nov. 10, 1986, 100 Stat. 3617; Pub. L. 100–690, title VII, §§7122, 7123(b)(4)–(9), 7127, 7128, title IX, §9306(a), Nov. 18, 1988, 102 Stat. 4420, 4421, 4423, 4537; Pub. L. 103–317, title I, §112, Aug. 26, 1994, 108 Stat. 1736; Pub. L. 103–322, title XXIII, §§230204, 230205, 230208, Sept. 13, 1994, 108 Stat. 2080; Pub. L. 104–132, title II, §232(c)(2), Apr. 24, 1996, 110 Stat. 1244; Pub. L. 107–56, title VI, §623, Oct. 26, 2001, 115 Stat. 372; Pub. L. 109–162, title XI, §§1131, 1133(b), Jan. 5, 2006, 119 Stat. 3107, 3108; Pub. L. 111–8, div. B, title II, Mar. 11, 2009, 123 Stat. 579; Pub. L. 114–324, §17(a), Dec. 16, 2016, 130 Stat. 1962.)

References in Text

Section 20101(d)(2) of this title, referred to in subsec. (a)(1), was repealed and a new section 20101(d)(2) was added by Pub. L. 103–322, title XXIII, §230201(a)(1), Sept. 13, 1994, 108 Stat. 2079. The new section 20101(d)(2) does not contain provisions relating to availability of Fund money for grants under this section or section 20102 of this title. See section 20101(d)(4) of this title.

This title, referred to in subsec. (c)(3)(D), means title II of Pub. L. 98–473, Oct. 12, 1984, 98 Stat. 1976, known as the Comprehensive Crime Control Act of 1984. For complete classification of title II to the Code, see Short Title of 1984 Amendment note set out under section 1 of Title 18, Crimes and Criminal Procedure, and Tables.

Codification

Section was formerly classified to section 10603 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

Amendments

2016—Subsec. (c)(1)(A). Pub. L. 114–324 inserted "victim services," before "demonstration projects".

2009—Subsec. (c)(3)(E)(i). Pub. L. 111–8 inserted "and for grants under subparagraphs (1)(A) and (B), pursuant to rules or guidelines that generally establish a publicly-announced, competitive process" after "internships".

2006—Subsec. (b)(3). Pub. L. 109–162, §1133(b), inserted "training purposes and" after "may be used for".

Subsec. (c)(1). Pub. L. 109–162, §1131(1)(A), struck out comma after "Director" in introductory provisions.

Subsec. (c)(1)(C). Pub. L. 109–162, §1131(1)(B)–(D), added subpar. (C).

Subsec. (c)(2)(A). Pub. L. 109–162, §1131(2)(A)(i), substituted "paragraphs (1)(A) and (1)(C)" for "paragraph (1)(A)".

Subsec. (c)(2)(C). Pub. L. 109–162, §1131(2)(A)(ii)–(2)(C), added subpar. (C).

2001—Subsec. (a)(6). Pub. L. 107–56, §623(a), added par. (6).

Subsec. (b)(1)(F). Pub. L. 107–56, §623(b), added subpar. (F).

Subsec. (c)(1)(A). Pub. L. 107–56, §623(c), inserted ", program evaluation, compliance efforts," after "demonstration projects".

Subsec. (c)(2)(A). Pub. L. 107–56, §623(d)(1), substituted "not less than 50 percent" for "not more than 50 percent".

Subsec. (c)(2)(B). Pub. L. 107–56, §623(d)(2), substituted "not more than 50 percent" for "not less than 50 percent".

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

1996—Subsec. (a)(5). Pub. L. 104–132 amended par. (5) generally. Prior to amendment, par. (5) read as follows: "As used in this subsection, the term 'base amount' means—

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

"(B) $200,000 thereafter."

1994—Subsec. (a)(5)(B). Pub. L. 103–322, §230208, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "$200,000 thereafter through fiscal year 1995."

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

Subsec. (b)(2). Pub. L. 103–322, §230205(a), substituted "Except as provided in paragraph (3), an eligible" for "An eligible".

Subsec. (b)(3). Pub. L. 103–322, §230205(b), added par. (3).

Subsec. (c)(1)(A). Pub. L. 103–322, §230204, inserted "demonstration projects and" before "training".

1988—Subsec. (a)(1). Pub. L. 100–690, §7123(b)(4), substituted "Director" for "Attorney General".

Subsec. (a)(2)(B). Pub. L. 100–690, §7122(1), added subpar. (B). Former subpar. (B) redesignated (C).

Subsec. (a)(2)(C). Pub. L. 100–690, §7122(2), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D).

Subsec. (a)(2)(D). Pub. L. 100–690, §7123(b)(5), which directed substitution of "Director" for "Attorney General" in subpar. (C), was executed by making substitution in subpar. (D) to reflect the probable intent of Congress and the intervening redesignation of subpar. (C) as (D), see below.

Pub. L. 100–690, §7122(2), redesignated subpar. (C) as (D).

Subsec. (a)(3) to (5). Pub. L. 100–690, §7128, substituted "the base amount" for "$100,000" in pars. (3)(A) and (4) and added par. (5).

Subsec. (c)(1). Pub. L. 100–690, §7123(b)(6), substituted "Director" for "Attorney General, acting through the Assistant Attorney General for the Office of Justice Programs".

Subsec. (c)(3). Pub. L. 100–690, §7123(b)(7), (8), substituted "Director" for "Assistant Attorney General for the Office of Justice Programs" in introductory provisions and "Director deems appropriate" for "Attorney General may assign" in subpar. (D).

Subsec. (c)(4). Pub. L. 100–690, §7123(b)(9), substituted "Director" for "Attorney General".

Subsec. (d)(1). Pub. L. 100–690, §9306(a), struck out ", except for the purposes of paragraphs (3)(A) and (4) of subsection (a) of this section," before "any other territory".

Pub. L. 100–690, §7127, inserted reference to the United States Virgin Islands.

1986—Subsec. (a)(1). Pub. L. 99–401, §102(b)(5), substituted "made available by section 10601(d)(2) of this title for the purpose of grants under this subsection, or for the purpose of grants under section 10602 of this title but not used for that purpose" for "not used for grants under section 10602 of this title with respect to a particular fiscal year, and after any deduction under subsection (c) of this section".

Subsec. (c)(1), (2). Pub. L. 99–401, §102(b)(4), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

"(1) The Attorney General may in any fiscal year deduct from amounts available under this section an amount not to exceed 5 percent of the amount in the Fund, and may expend the amount so deducted to provide services to victims of Federal crimes by the Department of Justice, or reimburse other instrumentalities of the Federal Government otherwise authorized to provide such services.

"(2) The Attorney General shall appoint or designate an official of the Department of Justice to be the Federal Crime Victim Assistance Administrator (hereinafter in this chapter referred to as the 'Federal Administrator') to exercise the responsibilities of the Attorney General under this subsection."

Subsec. (c)(2)(A). Pub. L. 99–646, §71(1), substituted "not more than" for "not less than".

Subsec. (c)(2)(B). Pub. L. 99–646, §71(2), substituted "not less than" for "not more than".

Subsec. (c)(3). Pub. L. 99–401, §102(b)(4), substituted "The Assistant Attorney General for the Office of Justice Programs shall" for "The Federal Administrator shall".

Effective Date of 1988 Amendment

Amendment by sections 7122, 7123(b)(4)–(9), 7127, and 7128 of Pub. L. 100–690 not applicable with respect to a State compensation program that was an eligible State crime victim compensation program on Nov. 18, 1988, until Oct. 1, 1991, see section 7129 of Pub. L. 100–690, as amended, set out as a note under section 20101 of this title.

1 See References in Text note below.

2 See References in Text note below.

§20104. Child abuse prevention and treatment grants

Amounts made available by section 20101(d)(2) of this title for the purposes of this section shall be obligated and expended by the Secretary of Health and Human Services for grants under section 5106c 1 of title 42. Any portion of an amount which is not obligated by the Secretary by the end of the fiscal year in which funds are made available for allocation, shall be reallocated for award under section 20103(a) of this title, except that with respect to funds deposited during fiscal year 1986 and made available for obligation during fiscal year 1987, any unobligated portion of such amount shall remain available for obligation until September 30, 1988.

(Pub. L. 98–473, title II, §1404A, as added Pub. L. 99–401, title I, §102(b)(3), Aug. 27, 1986, 100 Stat. 905; amended Pub. L. 103–121, title I, §110(b), Oct. 27, 1993, 107 Stat. 1164; Pub. L. 104–235, title I, §113(b), Oct. 3, 1996, 110 Stat. 3079.)

References in Text

Section 5106c of title 42, referred to in text, was in the original "section 109 of the Child Abuse Prevention and Treatment Act", meaning section 109 of Pub. L. 93–247, and was translated as reading section 107 of that act to reflect the probable intent of Congress and the renumbering of section 109 as section 107 by section 113(a)(1)(B) of Pub. L. 104–235, title I, Oct. 3, 1996, 110 Stat. 3079.

Codification

Section was formerly classified to section 10603a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

Amendments

1996Pub. L. 104–235 substituted "section 10601(d)(2) of this title" for "section 10601(d)(2)(D) and (d)(3) of this title." and "section 5106c" for "section 5103(d)".

1993Pub. L. 103–121 substituted "section 10601(d)(2)(D) and (d)(3) of this title." for "section 10601(d)(2) of this title".

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 section 1801(a) of title 50) or to any domestic or foreign organization operated for the purpose of engaging in any significant political or lobbying activities.

(b) Victims of terrorism within the United States

The Director may make supplemental grants as provided in section 20101(d)(5) of this title to States for eligible crime victim compensation and assistance programs, and to victim service organizations, public agencies (including Federal, State, or local governments) and nongovernmental organizations that provide assistance to victims of crime, which shall be used to provide emergency relief, including crisis response efforts, assistance, compensation, training and technical assistance, and ongoing assistance, including during any investigation or prosecution, to victims of terrorist acts or mass violence occurring within the United States.

(Pub. L. 98–473, title II, §1404B, as added Pub. L. 104–132, title II, §232(a), Apr. 24, 1996, 110 Stat. 1243; amended Pub. L. 106–386, div. C, §2003(a)(1), (4), Oct. 28, 2000, 114 Stat. 1543, 1544; Pub. L. 107–56, title VI, §624(a), (b), Oct. 26, 2001, 115 Stat. 373.)

Codification

Section was formerly classified to section 10603b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

Amendments

2001—Subsec. (a)(1). Pub. L. 107–56, §624(b), struck out "who are not persons eligible for compensation under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986" before period at end.

Subsec. (b). Pub. L. 107–56, §624(a), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "The Director may make supplemental grants as provided in section 10601(d)(5) of this title to States for eligible crime victim compensation and assistance programs to provide emergency relief, including crisis response efforts, assistance, training, and technical assistance, for the benefit of victims of terrorist acts or mass violence occurring within the United States and may provide funding to United States Attorney's Offices for use in coordination with State victim compensation and assistance efforts in providing emergency relief."

2000—Subsec. (a). Pub. L. 106–386, §2003(a)(1), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "The Director may make supplemental grants as provided in section 10603(a) of this title to States to provide compensation and assistance to the residents of such States who, while outside of the territorial boundaries of the United States, are victims of a terrorist act or mass violence and are not persons eligible for compensation under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986."

Subsec. (b). Pub. L. 106–386, §2003(a)(4), substituted "10601(d)(5) of this title" for "10603(d)(4)(B) of this title".

Effective Date of 2000 Amendment

Pub. L. 106–386, div. C, §2003(a)(2), Oct. 28, 2000, 114 Stat. 1544, provided that: "The amendment made by this subsection [amending this section] shall apply to any terrorist act or mass violence occurring on or after December 21, 1988, with respect to which an investigation or prosecution was ongoing after April 24, 1996."

Administrative Guidelines

Pub. L. 106–386, div. C, §2003(a)(3), Oct. 28, 2000, 114 Stat. 1544, provided that: "Not later than 90 days after the date of the enactment of this Act [Oct. 28, 2000], the Director shall establish guidelines under section 1407(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10604(a)) [now 34 U.S.C. 20110(a)] to specify the categories of organizations and agencies to which the Director may make grants under this subsection [amending this section and enacting provisions set out as a note under this section]."

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 section 2331 of title 18.

(2) National of the United States

The term "national of the United States" has the meaning given the term in section 1101(a) of title 8.

(3) Victim

(A) In general

The term "victim" means a person who—

(i) suffered direct physical or emotional injury or death as a result of international terrorism occurring on or after 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 section 20101(d)(5)(A) of this title to carry out a program to compensate victims of acts of international terrorism that occur outside the United States for expenses associated with that victimization. The amount of compensation awarded to a victim under this subsection shall be reduced by any amount that the victim received in connection with the same act of international terrorism under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986.

(c) Annual report

The Director shall annually submit to Congress a report on the status and activities of the program under this section, which report shall include—

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

(2) a description of the procedures and policies instituted to promote public awareness about the program;

(3) a complete statistical analysis of the victims assisted under the program, including—

(A) the number of applications for compensation submitted;

(B) the number of applications approved and the amount of each award;

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

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

(E) the number of applications for compensation pending and the estimated future liability of the program; and


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

(Pub. L. 98–473, title II, §1404C, as added Pub. L. 106–386, div. C, §2003(c)(1), Oct. 28, 2000, 114 Stat. 1544; amended Pub. L. 107–56, title VI, §624(c), Oct. 26, 2001, 115 Stat. 373; Pub. L. 110–181, div. A, title X, §1083(b)(4), Jan. 28, 2008, 122 Stat. 342.)

References in Text

The Omnibus Diplomatic Security and Antiterrorism Act of 1986, referred to in subsec. (b), is Pub. L. 99–399, Aug. 27, 1986, 100 Stat. 853. Title VIII of the Act, known as the "Victims of Terrorism Compensation Act", enacted sections 5569 and 5570 of Title 5, Government Organization and Employees, sections 1051, 1095, and 2181 to 2185 of Title 10, Armed Forces, and sections 559 and 1013 of Title 37, Pay and Allowances of the Uniformed Services, amended section 6325 of Title 5, and enacted provisions set out as notes under section 5569 of Title 5, sections 1051, 1095, and 2181 of Title 10, and section 559 of Title 37. For complete classification of title VIII to the Code, see Short Title of 1986 Amendment note set out under section 5569 of Title 5 and Tables.

Codification

Section was formerly classified to section 10603c of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2008—Subsec. (a)(3)(A)(i). Pub. L. 110–181 substituted "October 23, 1983, with respect to which an investigation or civil or criminal" for "December 21, 1988 with respect to which an investigation or".

2001—Subsec. (b). Pub. L. 107–56 inserted at end "The amount of compensation awarded to a victim under this subsection shall be reduced by any amount that the victim received in connection with the same act of international terrorism under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986."

Effective Date of 2008 Amendment

For applicability of amendments by Pub. L. 110–181 to pending cases, see section 1083(c) of Pub. L. 110–181, set out as an Effective Date note under section 1605A of Title 28, Judiciary and Judicial Procedure.

§20107. Crime victims legal assistance grants

(a) In general

The Director may make grants as provided in section 20103(c)(1)(A) of this title to State, tribal, and local prosecutors' offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public and private entities, to develop, establish, and maintain programs for the enforcement of crime victims' rights as provided in law.

(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 sections 3729 through 3731 of title 31 (commonly known as the "False Claims Act") may be used for grants under this section, subject to appropriation.

(Pub. L. 98–473, title II, §1404D, as added Pub. L. 108–405, title I, §103(a), Oct. 30, 2004, 118 Stat. 2264.)

Codification

Section was formerly classified to section 10603d of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§20108. Crime victims notification grants

(a) In general

The Director may make grants as provided in section 20103(c)(1)(A) of this title to State, tribal, and local prosecutors' offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public or private entities, to develop and implement state-of-the-art systems for notifying victims of crime of important dates and developments relating to the criminal proceedings at issue in a timely and efficient manner, provided that the jurisdiction has laws substantially equivalent to the provisions of chapter 237 of title 18.

(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 section 20101(d) of this title, there are authorized to be appropriated to carry out this section—

(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 sections 3729 through 3731 of title 31 (commonly known as the "False Claims Act") may be used for grants under this section, subject to appropriation.

(Pub. L. 98–473, title II, §1404E, as added Pub. L. 108–405, title I, §103(c), Oct. 30, 2004, 118 Stat. 2265.)

Codification

Section was formerly classified to section 10603e of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§20109. Sexual assault survivors' notification grants

(a) In general

The Attorney General may make grants as provided in section 20103(c)(1)(A) of this title to States to develop and disseminate to entities described in subsection (c)(1) of this section written notice of applicable rights and policies for sexual assault survivors.

(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.

(Pub. L. 98–473, title II, §1404F, as added Pub. L. 114–236, §3, Oct. 7, 2016, 130 Stat. 967.)

Codification

Section was formerly classified to section 10603f of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§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 section 20101 of this title and on the effectiveness of the activities supported under this subchapter. The Director may include in such report recommendations for legislation to improve this subchapter.

(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.

(Pub. L. 98–473, title II, §1407, Oct. 12, 1984, 98 Stat. 2176; Pub. L. 99–646, §48, Nov. 10, 1986, 100 Stat. 3605; Pub. L. 100–690, title VII, §7123(b)(10)–(14), Nov. 18, 1988, 102 Stat. 4421, 4422; Pub. L. 103–322, title XXIII, §§230206, 230207, Sept. 13, 1994, 108 Stat. 2080; Pub. L. 104–294, title VI, §604(b)(9), Oct. 11, 1996, 110 Stat. 3507.)

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 Pub. L. 98–473, to reflect the probable intent of Congress, and subsequently was translated as "this subchapter" after chapter 112 of Title 42, The Public Health and Welfare, was editorially reclassified as this subchapter.

Codification

Section was formerly classified to section 10604 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

Amendments

1996—Subsec. (g). Pub. L. 104–294 amended directory language of Pub. L. 103–322, §230207. See 1994 Amendment note below.

1994—Subsec. (g). Pub. L. 103–322, §230207, as amended by Pub. L. 104–294, substituted "and on June 30 every two years thereafter" for "and on December 31 every 2 years thereafter".

Subsec. (h). Pub. L. 103–322, §230206, added subsec. (h).

1988—Subsec. (a). Pub. L. 100–690, §7123(b)(10), substituted "Director" for "Attorney General" in two places and "under this chapter" for "under this chapter and may delegate to any officer or employee of the Department of Justice any such function as the Attorney General deems appropriate".

Subsec. (b). Pub. L. 100–690, §7123(b)(11), substituted "Director" for "Attorney General".

Subsec. (c). Pub. L. 100–690, §7123(b)(12), which directed substitution of "Director" for "Attorney General or any duly authorized representative of the Attorney General", was executed by making substitution in two places.

Subsec. (f). Pub. L. 100–690, §7123(b)(13), substituted "Director" for "Attorney General" two places in introductory provisions and in pars. (2) and (3).

Subsec. (g). Pub. L. 100–690, §7123(b)(14), substituted "Director" for "Attorney General" in two places and "on December 31, 1990, and on December 31 every 2 years thereafter" for "no later than December 31, 1987".

1986—Subsecs. (g), (h). Pub. L. 99–646 redesignated subsec. (h) as (g) and substituted "1402", which was translated as "section 10601 of this title" for "1302", which had been editorially translated as "section 10601 of this title", thereby requiring no change in text.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of Title 18, Crimes and Criminal Procedure.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–690 not applicable with respect to a State compensation program that was an eligible State crime victim compensation program on Nov. 18, 1988, until Oct. 1, 1991, see section 7129 of Pub. L. 100–690, as amended, set out as a note under section 20101 of this title.

§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 section 20101 of this title.

(2) Providing funds to eligible States pursuant to sections 20102 and 20103 of this title.

(3) Establishing programs in accordance with section 20103(c) of this title on terms and conditions determined by the Director to be consistent with that subsection.

(4) Cooperating with and providing technical assistance to States, units of local government, and other public and private organizations or international agencies involved in activities related to crime victims.

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

(Pub. L. 98–473, title II, §1411, as added Pub. L. 100–690, title VII, §7123(a), Nov. 18, 1988, 102 Stat. 4420; amended Pub. L. 112–166, §2(h)(5), Aug. 10, 2012, 126 Stat. 1285.)

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 Pub. L. 98–473 to reflect the probable intent of Congress because chapter XIV of title II of Pub. L. 98–473, which comprises this subchapter, does not contain parts.

Codification

Section was formerly classified to section 10605 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2012—Subsec. (b). Pub. L. 112–166 struck out ", by and with the advice and consent of the Senate" before period at end of first sentence.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

Effective Date

Section not applicable with respect to a State compensation program that was an eligible State crime victim compensation program on Nov. 18, 1988, until Oct. 1, 1991, see section 7129 of Pub. L. 100–690, as amended, set out as an Effective Date of 1988 Amendment note under section 20101 of this title.

1 See References in Text note below.