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42 U.S.C. § 14505 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 14505 — Definitions

For purposes of this chapter: (1) **Economic loss** — The term “economic loss” means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (2) **Harm** — The term “harm” includes physical, nonphysical, economic, and noneconomic losses. (3) **Noneconomic losses** — The term “noneconomic losses” means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. (4) **Nonprofit organization** — The term “nonprofit organization” means— (A) any organization which is described in [section 501(c)(3) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c/3&num=0&edition=prelim) and exempt from tax under section 501(a) of such title and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act ([28 U.S.C. 534](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section534&num=0&edition=prelim) note); 11 See References in Text note below. or (B) any not-for-profit organization which is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes and which does not practice any action which constitutes a hate crime

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Stable record: federal_law:legal_authorities:record_usc_1fd9647420f5c479a2e99859
Source file: Laws/federal/codes/united-states-code/title-42/section-14505-definitions--67da1ada8b.md
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Source location: Title 42, Chapter 139, § 14505; chapter-139-volunteer-protection.md

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For purposes of this chapter: (1) **Economic loss** — The term “economic loss” means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (2) **Harm** — The term “harm” includes physical, nonphysical, economic, and noneconomic losses. (3) **Noneconomic losses** — The term “noneconomic losses” means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. (4) **Nonprofit organization** — The term “nonprofit organization” means— (A) any organization which is described in [section 501(c)(3) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c/3&num=0&edition=prelim) and exempt from tax under section 501(a) of such title and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act ([28 U.S.C. 534](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section534&num=0&edition=prelim) note); 11 See References in Text note below. or (B) any not-for-profit organization which is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act ([28 U.S.C. 534](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section534&num=0&edition=prelim) note).1 (5) **State** — The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (6) **Volunteer** — The term “volunteer” means an individual performing services for a nonprofit organization or a governmental entity who does not receive— (A) compensation (other than reasonable reimbursement or allowance for expenses actually incurred); or (B) any other thing of value in lieu of compensation, in excess of $500 per year, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 41305 — Hate crime statistics

**(a)** This Act may be cited as the “Hate Crime Statistics Act”. **(b)** (1) Under the authority of [section 534 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section534&num=0&edition=prelim), the Attorney General shall acquire data, for each calendar year, about crimes that manifest evidence of prejudice based on race, gender and gender identity, religion, disability, sexual orientation, or ethnicity, including where appropriate the crimes of murder, non-negligent manslaughter; forcible rape; aggravated assault, simple assault, intimidation; arson; and destruction, damage or vandalism of property. (2) The Attorney General shall establish guidelines for the collection of such data including the necessary evidence and criteria that must be present for a finding of manifest prejudice and procedures for carrying out the purposes of this section. (3) Nothing in this section creates a cause of action or a right to bring an action, including an action based on discrimination due to sexual orientation. As used in this section, the term “sexual orientation” means consensual homosexuality or heterosexuality. This subsection does not limit any existing cause of action or right to bring an action, including any action under the Administrative Procedure Act [[5 U.S.C. 551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim) et seq., 701 et seq.] or the All Writs Act [[28 U.S.C. 1651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1651&num=0&edition=prelim)]. (4) Data acquired under this section shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of an individual victim of a crime. (5) The Attorn

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 534 — Acquisition, preservation, and exchange of identification records and information; appointment of officials

**(a)** The Attorney General shall— (1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records; (2) acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual; (3) acquire, collect, classify, and preserve any information which would assist in the location of any missing person (including an unemancipated person as defined by the laws of the place of residence of such person) and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person (and the Attorney General may acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin); (4) exchange such records and information with, and for the official use of, authorized officials of the Federal Government, including the United States Sentencing Commission, the States, including State sentencing commissions, Indian tribes, cities, and penal and other institutions; and (5) provide a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18 with information necessary to verify whether firearms offered for sale to such licensees have been stolen. **(b)** The exchange of records and information authorized by subsection (a)(4) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies, except for dissemination authorized under subsection (a)(5) of this section. **(c)** The Attorney General may appoint officials to perform the functions authorized by this section. **(d) Indian Law Enforcement Agencies.—** (1) **In general.—** — The Attorn

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 534 — Acquisition, preservation, and exchange of

Page 221 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 534 ‘‘(iii) the number, by programs, of undercover in- vestigative operations closed in the one-year period preceding the period for which such report is sub- mitted and, with respect to each such closed under- cover operation, the results obtained. With respect to each such closed undercover operation which involves any of the sensitive circumstances specified in the Attorney General’s Guidelines on Federal Bureau of Investigation Undercover Operations, such report shall contain a detailed description of the operation and related matters, including information per- taining to— ‘‘(I) the results, ‘‘(II) any civil claims, and ‘‘(III) identification of such sensitive cir- cumstances involved, that arose at any time during the course of such undercover operation. ‘‘(6) For purposes of paragraph (5)— ‘‘(A) the term ‘closed’ refers to the earliest point in time at which— ‘‘(i) all criminal proceedings (other than appeals) are concluded, or ‘‘(ii) covert activities are concluded, whichever occurs later, ‘‘(B) the term ‘employees’ means employees, as de- fined in section 2105 of title 5 of the United States Code, of the Federal Bureau of Investigation, and ‘‘(C) the terms ‘undercover investigative oper- ations’ and ‘undercover operation’ mean any under- cover investigative operation of the Federal Bureau of Investigation or the Drug Enforcement Adminis- tration (other than a foreign counterintelligence un- dercover investigative operation)— ‘‘(i) in which— ‘‘(I) the gross receipts (excluding interest earned) exceed $50,000, or ‘‘(II) expenditures (other than expenditures for salaries of employees) exceed $150,000, and ‘‘(ii) which is exempt from section 3302 or 9102 of title 31 of the United Stat

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 14505 — Definitions

Page 8642 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14504 1 See References in Text note below. able to pay for losses up to a specified amount. Separate standards for different types of li- ability exposure may be specified. (f) Limitation on punitive damages based on ac- tions of volunteers (1) General rule Punitive damages may not be awarded against a volunteer in an action brought for harm based on the action of a volunteer acting within the scope of the volunteer’s responsibil- ities to a nonprofit organization or govern- mental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the indi- vidual harmed. (2) Construction Paragraph (1) does not create a cause of ac- tion for punitive damages and does not pre- empt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages. (g) Exceptions to limitations on liability (1) In general The limitations on the liability of a volun- teer under this chapter shall not apply to any misconduct that— (A) constitutes a crime of violence (as that term is defined in section 16 of title 18) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court; (B) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); 1 (C) involves a sexual offense, as defined by applicable State law, for which the defend- ant has been convicted in any court; (D) involves misconduct for which the de- fendant has been found to have violated a Fe

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