Title 42 – The Public Health and Welfare
Sec. 10601. Crime Victims Fund. [Section 1402]
Chapter 112 – Victim Compensation and Assistance
There is created in the Treasury a separate account to be known as the Crime Victims Fund (hereinafter in this chapter referred to as the ''Fund'').
(b) Fines deposited in Fund; penalties; forfeited appearance bonds.
Except as limited by subsection (c) of this section, there shall be deposited in the Fund -
(1) all fines that are collected from persons convicted of offenses against the United States except -
(A) fines available for use by the Secretary of the Treasury pursuant to -
(i) section 11(d) of the Endangered Species Act (16 U.S.C. 1540(d)); and
(ii) section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)); and
(B) fines to be paid into -
(i) the railroad unemployment insurance account pursuant to the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.);
(ii) the Postal Service Fund pursuant to sections 2601(a)(2) and 2003 of title 39 and for the purposes set forth in section 404(a)(8) of title 39;
(iii) the navigable waters revolving fund pursuant to section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); and
(iv) county public school funds pursuant to section 3613 of title 18;
(2) penalty assessments collected under section 3013 of title 18; 
(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.  [Recodified at 3681(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 chapter for grants under this chapter without fiscal year limitation. Notwithstanding section 1402(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, Sec. 109(a)(1), Nov. 26, 1997, 111 Stat. 2457.
(A) Except as provided in subparagraph (B), the first $10,000,000 deposited in the Fund shall be available for grants under section 10603a of this title.
(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 1404A.
(ii) Amounts available under this subparagraph for any fiscal year shall not exceed $20,000,000.
[Section (2) 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. Pub. L. 106-177]
(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 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. 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 of title 18, United States Code, and section 503 of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607) 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 10602 of this title;
(B) 47.5 percent shall be available for grants under section 10603(a) of this title; and
(C) 5 percent shall be available for grants under section 10603(c) of this title.
(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 1404B (42 U.S.C. 10603b) and to provide compensation to victims of international terrorism under section 1404C (42 U.S.C. 10603c).
(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.
(e) Amounts awarded and unspent
Any amount awarded as part of a grant under this chapter that remains unspent at the end of a fiscal year in which the grant is made may be expended for the purpose for which the grant is made at any time during the 3 succeeding fiscal years, at the end of which period, any remaining unobligated sums shall be available for deposit into the emergency reserve fund referred to in subsection (d)(5) at the discretion of the Director. Any remaining unobligated sums shall be returned to the Fund.
(f) ''Offenses against the United States'' as excluding
s 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) of this section to make grants for the purpose of assisting Native American Indian tribes in developing, establishing, and operating programs designed to improve -
(A) the handling of child abuse cases, particularly cases of child sexual abuse, in a manner which limits additional trauma to the child victim; and
(B) the investigation and prosecution of cases of child abuse, particularly child sexual abuse.
(2) 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'' has the meaning given that term in section 450b(b) of Title 25.
Sec. 10602. Crime victim compensation. [Section 1403]
(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
[APPLICATION OF AMENDMENT- Section 1403(b)(8) of the Victims of Crime Act of 1984, 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.]
(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, for the purposes 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.
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) 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.
Sec. 10603. Crime victim assistance. [Section 1404]
(a) Grant authority of Director; chief executive of States; amount; insufficient funds
(1) Subject to the availability of money in the Fund, the Director shall make an annual grant from any portion of the Fund made available by section 10601(d)(2) of this title for the purpose of grants under this subsection, or for the purpose of grants under section 10602 of this title but not used for that purpose, to the chief executive of each State for the financial support of eligible crime victim assistance programs.
(2) Such chief executive shall -
(A) certify that priority shall be given to eligible crime victim assistance programs providing assistance to victims of sexual assault, spousal abuse, or child abuse;
(B) certify that funds shall be made available for grants to programs which serve previously underserved populations of victims of violent crime. The Director, after consultation with State and local officials and representatives from private organizations, shall issue guidelines to implement this section that provide flexibility to the States in determining the populations of victims of violent crimes that may be underserved in their respective States;
(C) certify that funds awarded to eligible crime victim assistance programs will not be used to supplant State and local funds otherwise available for crime victim assistance; and
(D) provide such other information and assurances related to the purposes of this section as the Director may reasonably require.
(3) The amounts of grants under paragraph (1) shall be -
(A) the base amount to each State; and
(B) that portion of the then remaining available money to each State that results from a distribution among the States on the basis of each State's population in relation to the population of all States.
(4) If the amount available for grants under paragraph (1) is insufficient to provide the base amount to each State, the funds available shall be distributed equally among the States.
(5) As used in this subsection, the term ''base amount'' means -
(A) except as provided in subparagraph (B), $500,000; and
(B) for the territories of the Northern Mariana Islands, Guam, American Samoa, and the Republic of Palau, $200,000, with the Republic of Palau's share governed by the Compact of Free Association between the United States and the Republic of Palau.
(6) An agency of the Federal Government performing local law enforcement functions in and on behalf of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any other territory or possession of the Unites 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) of this section only for providing services to victims of crime.
(3) Not more than 5 percent of sums received under subsection (a) of this section may be used for 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 –
So in original. The comma probably should not appear.
(A) for victim services, demonstration projects, program evaluation, compliance efforts, and training and technical assistance services to eligible crime victim assistance programs; and
(B) for the financial support of services to victims of Federal crime by eligible crime victim assistance programs; 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 paragraph (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 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;
(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.
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.
Sec. 10603a. Child abuse prevention and treatment grants. [Section 1404A]
Amounts made available by section 10601(d)(2) of this title for the purposes of this section shall be obligated and expended by the Secretary of Health and Human Services for grants under section 5106c of this title. Any portion of an amount which is not obligated by the Secretary by the end of the fiscal year in which funds are made available for allocation, shall be reallocated for award under section 10603(a) of this title, except that with respect to funds deposited during fiscal year 1986 and made available for obligation during fiscal year 1987, any unobligated portion of such amount shall remain available for obligation until September 30, 1988.
Sec. 10603b. Compensation and assistance to victims of terrorism or mass violence. [Section 1404B]
(a) Victims of acts of terrorism outside the United States
(1) In general
The Director may make supplemental grants as provided in 1402(d)(5) 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 101(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)) 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 sections 1402(d)(5) to States for eligible crime victim compensation and assistance programs, and to victim service organizations, public agencies (including Federal, State, or local governments) and non-governmental 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.
Sec. 10603c. Compensation To Victims Of International Terrorism. [Section 1404C]
In this section:
(1) International terrorism
The term `international terrorism' has the meaning given the term in section 2331 of title 18, United States Code.
(2) National of the United States
The term `national of the United States' has the meaning given the term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).
(A) In general
The term `victim' means a person who—
(i) suffered direct physical or emotional injury or death as a result of international terrorism occurring on or after December 21, 1988 with respect to which an investigation or prosecution was ongoing after April 24, 1996; and
(ii) as of the date on which the international terrorism occurred, was a national of the United States or an officer or employee of the United States Government.
(B) Incompetent, incapacitated, or deceased victims
In the case of a victim who is less than 18 years of age, incompetent, incapacitated, or deceased, a family member or legal guardian of the victim may receive the compensation under this section on behalf of the victim.
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 1402(d)(5)(A) 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.'.
Sec. 10603d. Crime victims legal assistance grants. [Section 1404D]
(a) In general
he Director may make grants as provided in section 1404(c)(1)(A) 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.
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, United States Code (commonly known as the ‘False Claims Act’), may be used for grants under this section, subject to appropriation.’’.
[AUTHORIZATION OF APPROPRIATIONS.—In addition to funds made available under section 1402(d) of the Victims of Crime Act of 1984, there are authorized to be appropriated to carry out this title—
(1) $2,000,000 for fiscal year 2005 and $5,000,000 for each of fiscal years 2006, 2007, 2008, and 2009 to United States Attorneys Offices for Victim/Witnesses Assistance Programs;
(2) $2,000,000 for fiscal year 2005 and $5,000,000 in each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice for enhancement of the Victim Notification System;
(3) $300,000 in fiscal year 2005 and $500,000 for each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice for staff to administer the appropriation for the support of organizations as designated under paragraph (4);
(4) $7,000,000 for fiscal year 2005 and $11,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice, for the support of organizations that provide legal counsel and support services for victims in criminal cases for the enforcement of crime victims’ rights in Federal jurisdictions, and in States and tribal governments that have laws substantially equivalent to the provisions of chapter 237 of title 18, United States Code; and
(5) $5,000,000 for fiscal year 2005 and $7,000,000 for each of fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims of Crime of the Department of Justice, for the support of—
(A) training and technical assistance to States and tribal jurisdictions to craft state-of-the-art victims’ rights laws; and
(B) training and technical assistance to States and tribal jurisdictions to design a variety of compliance systems, which shall include an evaluation component.]
[Public Law 110-431, enacted Oct. 15, 2008, amended paragraphs (1) through (5) by striking `2006, 2007, 2008, and 2009' each place it appears and inserting `2010, 2011, 2012, and 2013'.]
Sec. 10603e. Crime victims notification grants. [Section 1404E]
(a) In general
The Director may make grants as provided in section 1404(c)(1)(A) 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, United States Code.
(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 1402(d), 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, United States Code (commonly known as the ‘False Claims Act’), may be used for grants under this section, subject to appropriation.
Sec. 10603f. Sexual assault survivors' notification grants. [Section 1404F]
(a) IN GENERAL.-The Attorney General may make grants as provided in section 1404(c)(1)(A) 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.
Sec. 10604. Administrative provisions. [Section 1405]
(a) Authority of Director to establish rules and regulations
The Director may establish such rules, regulations, guidelines, and procedures as are necessary to carry out any function of the Director under this chapter.
Each recipient of sums under this chapter shall keep such records as the Director shall prescribe, including records that fully disclose the amount and disposition by such recipient of such sums, the total cost of the undertaking for which such sums are used, and that portion of the cost of the undertaking supplied by other sources, and such other records as will facilitate an effective audit.
(c) Access of Director to books and records for purpose of audit and examination
The Director shall have access, for purpose of audit and examination, to any books, documents, papers, and records of the recipient of sums under this chapter that, in the opinion of the Director, may be related to the expenditure of funds received under this chapter.
(d) Revealing research or statistical information; prohibition; immunity from legal proceedings; permission; admission of information as evidence
Except as otherwise provided by Federal law, no officer or employee of the Federal Government, and no recipient of sums under this chapter, shall use or reveal any research or statistical information furnished under this chapter by any person and identifiable to any specific private person for any purpose other than the purpose for which such information was obtained in accordance with this chapter. Such information, and any copy of such information, shall be immune from legal process and shall not, without the consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit, or other judicial, legislative, or administrative proceeding.
(e) Discrimination prohibited
No person shall on the ground of race, color, religion, national origin, handicap, or sex be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with, any undertaking funded in whole or in part with sums made available under this chapter.
(f) Failure to comply with provisions; notice and hearing; power of Director
If, after reasonable notice and opportunity for a hearing on the record, the Director finds that a State has failed to comply substantially with any provision of this chapter or a rule, regulation, guideline, or procedure issued under this chapter, or an application submitted in accordance with this chapter or the provisions of any other applicable law, the Director shall -
(1) terminate payments to such State;
(2) suspend payments to such State until the Director is satisfied that such noncompliance has ended; or
(3) take such other action as the Director deems appropriate.
The Director shall, on December 31, 1990, and on June 30 every two years thereafter, report to the President and to the Congress on the revenue derived from each source described in section 10601 of this title and on the effectiveness of the activities supported under this chapter. The Director may include in such report recommendations for legislation to improve this chapter.
(h) Maintenance of effort
Each entity receiving sums made available under this chapter for administrative purposes shall certify that such sums will not be used to supplant State or local funds, but will be used to increase the amount of such funds that would, in the absence of Federal funds, be made available for these purposes.
Sec. 10605. Establishment of Office for Victims of Crime. [Section 1406]
(a) Office established within Department of Justice
There is established within the Department of Justice an Office for Victims of Crime (hereinafter in this chapter referred to as the ''Office'').
(b) Appointment of Director; authority; restrictions
The Office shall be headed by a Director (referred to in this chapter as the ''Director''), who shall be appointed by the President. The Director shall report to the Attorney General through the Assistant Attorney General for the Office of Justice Programs and shall have final authority for all grants, cooperative agreements, and contracts awarded by the Office. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other agreement under this chapter.
[NOTE: Pub. L. 112-166, 8/10/12, removed Senate confirmation for OVC Director.]
(c) Duties of Director
The Director shall have the following duties:
(1) Administering funds made available by section 10601 of this title.
(2) Providing funds to eligible States pursuant to sections 10602 and 10603 of this title.
(3) Establishing programs in accordance with section 10603(c) of this title on terms and conditions determined by the Director to be consistent with that subsection.
(4) Cooperating with and providing technical assistance to States, units of local government, and other public and private organizations or international agencies involved in activities related to crime victims.
(5) Such other functions as the Attorney General may delegate.
[NOTE: Sec. 10606 Victims' rights (Section 1407) repealed by "Justice for All Act" Pub. L. 108-405 and enacted in 18 U.S.C. 3771]
Sec. 10607. Services to victims. [Section 1408]
(a) Designation of responsible officials
The head of each department and agency of the United States engaged in the detection, investigation, or prosecution of crime shall designate by names and office titles the persons who will be responsible for identifying the victims of crime and performing the services described in subsection (c) of this section at each stage of a criminal case.
(b) Identification of victims
At the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, a responsible official shall -
(1) identify the victim or victims of a crime;
(2) inform the victims of their right to receive, on request, the services described in subsection (c) of this section; and
(3) inform each victim of the name, title, and business address and telephone number of the responsible official to whom the victim should address a request for each of the services described in subsection (c) of this section.
(c) Description of services
(1) A responsible official shall -
(A) inform a victim of the place where the victim may receive emergency medical and social services;
(B) inform a victim of any restitution or other relief to which the victim may be entitled under this or any other law and 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) (FOOTNOTE 2) of this title, is entitled to attend;
(E) the release or detention status of an offender or suspected offender;
(F) the acceptance of a plea of guilty or nolo contendere or the rendering of a verdict after trial; and
(G) the sentence imposed on an offender, including the date on which the offender will be eligible for parole.
(4) During court proceedings, a responsible official shall ensure that a victim is provided a waiting area removed from and out of the sight and hearing of the defendant and defense witnesses.
(5) After trial, a responsible official shall provide a victim the earliest possible notice of -
(A) the scheduling of a parole hearing for the offender;
(B) the escape, work release, furlough, or any other form of release from custody of the offender; and
(C) the death of the offender, if the offender dies while in custody.
(6) At all times, a responsible official shall ensure that any property of a victim that is being held for evidentiary purposes be maintained in good condition and returned to the victim as soon as it is no longer needed for evidentiary purposes.
(7) The Attorney General or the head of another department or agency that conducts an investigation of a sexual assault shall pay, either directly or by reimbursement of payment by the victim, the cost of a physical examination of the victim which an investigating officer determines was necessary or useful for evidentiary purposes. The Attorney General shall provide for the payment of the cost of up to 2 anonymous and confidential tests of the victim for sexually transmitted diseases, including HIV, gonorrhea, herpes, chlamydia, and syphilis, during the 12 months following sexual assaults that pose a risk of transmission, and the cost of a counseling session by a medically trained professional on the accuracy of such tests and the risk of transmission of sexually transmitted diseases to the victim as the result of the assault. A victim may waive anonymity and confidentiality of any tests paid for under this section.
(8) A responsible official shall provide the victim with general information regarding the corrections process, including information about work release, furlough, probation, and eligibility for each.
(d) No cause of action or defense
This section does not create a cause of action or defense in favor of any person arising out of the failure of a responsible person to provide information as required by subsection (b) or (c) of this section.
For the purposes of this section -
(1) the term ''responsible official'' means a person designated pursuant to subsection (a) of this section to perform the functions of a responsible official under that section; and
(2) the term ''victim'' means a person that has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime, including -
(A) in the case of a victim that is an institutional entity, an authorized representative of the entity; and
(B) in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, one of the following (in order of preference):
(i) a spouse;
(ii) a legal guardian;
(iii) a parent;
(iv) a child;
(v) a sibling;
(vi) another family member; or
(vii) another person designated by the court.
Sec. 10608. Closed circuit televised court proceedings for victims of crime. [Section 1409]
(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
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
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.
(1) The signal transmitted pursuant to subsection (a) of this section shall be under the control of the court at all times and shall only be transmitted subject to the terms and conditions imposed by the court.
(2) No public broadcast or dissemination shall be made of the signal transmitted pursuant to subsection (a) of this section. In the event any tapes are produced in carrying out subsection (a) of this section, such tapes shall be the property of the court and kept under seal.
(3) Any violations of this subsection, or any rule or order made pursuant to this section, shall be punishable as contempt of court as described in section 402 of title 18.
The Administrative Office of the United States Courts may accept donations to enable the courts to carry out subsection (a) of this section.
(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.
As used in this section, the term ''State'' means any State, the District of Columbia, or any possession or territory of the United States.
The Judicial Conference of the United States, pursuant to its rule making authority under section 331 of title 28, may promulgate and issue rules, or amend existing rules, to effectuate the policy addressed by this section. Upon the implementation of such rules, this section shall cease to be effective.
(h) Effective date.
This section shall only apply to cases filed after January 1, 1995.
Last Updated: Dec. 5, 2012