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34 U.S.C. § 20106 — Compensation to victims of international terrorism

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

34 U.S.C. § 20106 — Compensation to victims of international terrorism

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Source location: Title 34, Chapter 201, § 20106; chapter-201-victim-rights-compensation-and-assistance.md

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**(a) Definitions** In this section: (1) **International terrorism** — The term “international terrorism” has the meaning given the term in [section 2331 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2331&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20101/d/5/A&num=0&edition=prelim) 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.

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

5 U.S.C. § 6325 — Absence resulting from hostile action abroad

Leave may not be charged to the account of an employee for absence, not to exceed one year, due to an injury— (1) incurred while serving abroad and resulting from war, insurgency, mob violence, or similar hostile action; and (2) not due to vicious habits, intemperance, or willful misconduct on the part of the employee. The preceding provisions of this section shall apply in the case of an alien employee referred to in [section 6301(2)(viii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6301/2/viii&num=0&edition=prelim) with respect to any leave granted to such alien employee under [section 6310 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6310&num=0&edition=prelim) or section 408 of the Foreign Service Act of 1980.

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

5 U.S.C. § 5569 — Benefits for captives

**(a)** For the purpose of this section— (1) “captive” means any individual in a captive status commencing while such individual is— (A) in the Civil Service, or (B) a citizen, national, or resident alien of the United States rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services); (2) “captive status” means a missing status which, as determined by the President, arises because of a hostile action and is a result of the individual’s relationship with the Government; (3) “missing status”— (A) in the case of an employee, has the meaning provided under [section 5561(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561/5&num=0&edition=prelim); and (B) in the case of an individual other than an employee, has a similar meaning; and (4) “family member”, as used with respect to a person, means— (A) any dependent of such person; and (B) any individual (other than a dependent under subparagraph (A)) who is a member of such person’s family or household. **(b)** (1) The Secretary of the Treasury shall establish a savings fund to which the head of an agency may allot all or any portion of the pay and allowances of any captive to the extent that such pay and allowances are not subject to an allotment under [section 5563 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5563&num=0&edition=prelim) or any other provision of law. (2) Amounts so allotted to the savings fund shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with 3-month maturities issued during the preceding calendar quarter. Suc

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

37 U.S.C. § 559 — Benefits for members held as captives

**(a)** In this section: (1) The term “captive status” means a missing status of a member of the uniformed services which, as determined by the President, arises because of a hostile action and is a result of membership in the uniformed services, but does not include a period of captivity of a member as a prisoner of war if Congress provides to such member, in an Act enacted after August 27, 1986, monetary payment in respect of such period of captivity. (2) The term “former captive” means a person who, as a member of the uniformed services, was held in a captive status. **(b)** (1) The Secretary of the Treasury shall establish a savings fund to which the Secretary concerned may allot all or any portion of the pay and allowances of any member of the uniformed services who is in a captive status to the extent that such pay and allowances are not subject to an allotment under [section 553 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section553&num=0&edition=prelim) or any other provision of law. (2) Amounts so allotted shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with three-month maturities issued during the preceding calendar quarter. Such interest shall be computed quarterly. (3) Amounts in the savings fund credited to a member shall be considered as pay and allowances for purposes of [section 553(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section553/c&num=0&edition=prelim) and shall otherwise be subject to withdrawal under procedures which the Secretary of the Treasury shall establish. (4) Any interest accruing under this subsection on— (A) any amount for which a member is indebted to the U

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

18 U.S.C. § 2331 — Definitions

As used in this chapter— (1) the term “international terrorism” means activities that— (A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and (C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum; (2) the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act; (3) the term “person” means any individual or entity capable of holding a legal or beneficial interest in property; (4) the term “act of war” means any act occurring in the course of— (A) declared war; (B) armed conflict, whether or not war has been declared, between two or more nations; or (C) armed conflict between military forces of any origin; (5) the term “domestic terrorism” means activities that— (A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; (B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a gover

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

42 U.S.C. § 10603c — Transferred

### Statutory Notes #### Codification Section 10603c was editorially reclassified as [section 20106 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20106&num=0&edition=prelim), Crime Control and Law Enforcement.

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

28 U.S.C. § 1605A — Terrorism exception to the jurisdictional immunity of a foreign state

**(a) In General.—** (1) **No immunity.—** — A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act if such act or provision of material support or resources is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency. (2) **Claim heard.—** — The court shall hear a claim under this section if— (A) (i) (I) the foreign state was designated as a state sponsor of terrorism at the time the act described in paragraph (1) occurred, or was so designated as a result of such act, and, subject to subclause (II), either remains so designated when the claim is filed under this section or was so designated within the 6-month period before the claim is filed under this section; or (II) in the case of an action that is refiled under this section by reason of section 1083(c)(2)(A) of the National Defense Authorization Act for Fiscal Year 2008 or is filed under this section by reason of section 1083(c)(3) of that Act, the foreign state was designated as a state sponsor of terrorism when the original action or the related action under section 1605(a)(7) (as in effect before the enactment of this section) or section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (as contained in section 101(c) of division A of Public Law 104–208) was filed; (ii) the claimant or the victim was, at the tim

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

34 U.S.C. § 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1540/d&num=0&edition=prelim)); and (ii) section 6(d) of the Lacey Act Amendments of 1981 ([16 U.S.C. 3375(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3375/d&num=0&edition=prelim)); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section351&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section404/a/7&num=0&edition=prelim); (iii) the navigable waters revolving fund pursuant to section 311 of the Federal Water Pollution Control Act ([33 U.S.C. 1321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim)); and (iv) county public school funds pursuant to [section 3613 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3613&num

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

34 U.S.C. § 20106 — Compensation to victims of international

Page 432 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20105 1 So in original. Probably should be preceded by ‘‘section’’. AMENDMENTS 1996—Pub. L. 104–235 substituted ‘‘section 10601(d)(2) of this title’’ for ‘‘section 10601(d)(2)(D) and (d)(3) of this title.’’ and ‘‘section 5106c’’ for ‘‘section 5103(d)’’. 1993—Pub. L. 103–121 substituted ‘‘section 10601(d)(2)(D) and (d)(3) of this title.’’ for ‘‘section 10601(d)(2) of this title’’. § 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 pub- lic agencies (including Federal, State, or local governments) and nongovernmental organiza- tions that provide assistance to victims of crime, which shall be used to provide emer- gency relief, including crisis response efforts, assistance, training, and technical assistance, and ongoing assistance, including during any investigation or prosecution, to victims of ter- rorist 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 in- jured 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 sub- paragraph (A) who is less than 18 years of age, incompetent, incapacitated, or de- ceased, includes a family member or legal guardian of that person. (3) Rule of construction Nothing in this subsection shall be con- strued to allow the Director to make grants to a

Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 20106

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