34 U.S.C. § 20144 — Justice for United States victims of state

Page 456 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20143 1 So in original. No par. (2) has been enacted. cifically designated by the court, shall be per- mitted to view the closed circuit televising of the proceedings. (2) Exception The court shall not designate a person under paragraph (1) if the presiding judge at the trial determines that testimony by that person would be materially affected if that person heard other testimony at the trial. (c) Restrictions (1) The signal transmitted pursuant to sub- section (a) shall be under the control of the court at all times and shall only be transmitted subject to the terms and conditions imposed by the court. (2) No public broadcast or dissemination shall be made of the signal transmitted pursuant to subsection (a). In the event any tapes are pro- duced in carrying out subsection (a), such tapes shall be the property of the court and kept under seal. (3) Any violations of this subsection, or any rule or order made pursuant to this section, shall be punishable as contempt of court as de- scribed in section 402 of title 18. (d) Donations The Administrative Office of the United States Courts may accept donations to enable the courts to carry out subsection (a). (e) Construction (1) 1 Nothing in this section shall be con- strued— (i) to create in favor of any person a cause of action against the United States or any officer or employees thereof, or (ii) to provide any person with a defense in any action in which application of this section is made. (f) ‘‘State’’ defined As used in this section, the term ‘‘State’’ means any State, the District of Columbia, or any possession or territory of the United States. (g) Rules The Judicial Conference of the United States, pursuant to its rule making authority under sec- tion 331 of title 28, may promulgate and issue rules, or amend existing rules, to effectuate the policy addressed by this section. Upon the im- plementation 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. (Pub. L. 104–132, title II, § 235, Apr. 24, 1996, 110 Stat. 1246.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in subsec. (a), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. CODIFICATION Section was formerly classified to section 10608 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20143. Grants for young witness assistance (a) In general The Director of the Bureau of Justice Assist- ance of the Office of Justice Programs may make grants to State and local prosecutors and law enforcement agencies in support of juvenile and young adult witness assistance programs. (b) Use of funds Grants made available under this section may be used— (1) to assess the needs of juvenile and young adult witnesses; (2) to develop appropriate program goals and objectives; and (3) to develop and administer a variety of witness assistance services, which includes— (A) counseling services to young witnesses dealing with trauma associated in wit- nessing a violent crime; (B) pre- and post-trial assistance for the youth and their family; (C) providing education services if the child is removed from or changes their school for safety concerns; (D) protective services for young witnesses and their families when a serious threat of harm from the perpetrators or their associ- ates is made; and (E) community outreach and school-based initiatives that stimulate and maintain pub- lic awareness and support. (c) Definitions In this section: (1) The term ‘‘juvenile’’ means an individual who is age 17 or younger. (2) The term ‘‘young adult’’ means an indi- vidual who is age 21 or younger but not a juve- nile. (3) The term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2006 through 2009. (Pub. L. 109–162, title XI, § 1136, Jan. 5, 2006, 119 Stat. 3109; Pub. L. 109–271, § 8(c), Aug. 12, 2006, 120 Stat. 766.) Editorial Notes CODIFICATION Section was formerly classified to section 3743 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2006—Subsec. (a). Pub. L. 109–271 substituted ‘‘The Di- rector of the Bureau of Justice Assistance of the Office of Justice Programs may’’ for ‘‘The Attorney General, acting through the Bureau of Justice Assistance, may’’. § 20144. Justice for United States victims of state sponsored terrorism (a) Short title This section may be cited as the ‘‘Justice for United States Victims of State Sponsored Ter- rorism Act’’. Page 457 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20144 (b) Administration of the United States Victims of State Sponsored Terrorism Fund (1) Administration of the Fund (A) Appointment and terms of Special Master (i) Initial appointment Not later than 60 days after December 18, 2015, the Attorney General shall appoint a Special Master. The initial term for the Special Master shall be 18 months. (ii) Additional terms Thereafter, each time there exists funds in excess of $100,000,000 in the Fund, the Attorney General shall appoint or re- appoint a Special Master for such period as is appropriate, not to exceed 1 year. In ad- dition, if there exists in the Fund funds that are less than $100,000,000, the Attor- ney General may appoint or reappoint a Special Master each time the Attorney General determines there are sufficient funds available in the Fund to compensate eligible claimants, for such period as is ap- propriate, not to exceed 1 year. (iii) Special Master to administer com- pensation from the Fund The Special Master shall administer the compensation program described in this section for United States persons who are victims of state sponsored terrorism. (B) Administrative costs and use of Depart- ment of Justice personnel The Special Master may utilize, as nec- essary, no more than 5 full-time equivalent Department of Justice personnel to assist in carrying out the duties of the Special Mas- ter under this section, except that, during the 1-year period beginning on November 21, 2019, the Special Master may utilize an addi- tional 5 full-time equivalent Department of Justice personnel and during the 1-year pe- riod beginning on December 29, 2022, the Spe- cial Master may utilize an additional 5 full- time equivalent Department of Justice per- sonnel. Any costs associated with the use of such personnel, and any other administra- tive costs of carrying out this section, shall be paid from the Fund. (C) Compensation of Special Master The Special Master shall be compensated from the Fund at a rate not to exceed the annual rate of basic pay for level IV of the Executive Schedule, as prescribed by section 5315 of title 5. (2) Publication of regulations and procedures (A) In general Not later than 60 days after the date of the initial appointment of the Special Master, the Special Master shall publish in the Fed- eral Register and on a website maintained by the Department of Justice a notice speci- fying the procedures necessary for United States persons to apply and establish eligi- bility for payment, including procedures by which eligible United States persons may apply by and through their attorney. Not later than 30 days after the date of enact- ment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, the Special Master shall update, as nec- essary as a result of the enactment of such Act, such procedures and other guidance pre- viously issued by the Special Master. Not later than 30 days after the date of enact- ment of the Fairness for 9/11 Families Act, the Special Master shall update, as nec- essary as a result of the enactment of such Act, such procedures and other guidance pre- viously issued by the Special Master. Such notice and any updates to that notice or other guidance are not subject to the re- quirements of section 553 of title 5. (B) Information regarding other sources of compensation As part of the procedures for United States persons to apply and establish eligibility for payment, the Special Master shall require applicants to provide the Special Master with information regarding compensation from any source other than this Fund that the claimant (or, in the case of a personal representative, the victim’s beneficiaries) has received or is entitled or scheduled to re- ceive as a result of the act of international terrorism that gave rise to a claimant’s final judgment, including information identifying the amount, nature, and source of such com- pensation. (3) Decisions of the Special Master All decisions made by the Special Master with regard to compensation from the Fund shall be— (A) in writing and provided to the Attor- ney General, each claimant and, if applica- ble, the attorney for each claimant; and (B) final and, except as provided in para- graph (4), not subject to administrative or judicial review. (4) Review hearing (A) Not later than 30 days after receipt of a written decision by the Special Master, a claimant whose claim is denied in whole or in part by the Special Master may request a hearing before the Special Master pursuant to procedures established by the Special Master. (B) Not later than 90 days after any such hearing, the Special Master shall issue a final written decision affirming or amending the original decision. The written decision is final and nonreviewable. (c) Eligible claims (1) In general For the purposes of this section, a claim is an eligible claim if the Special Master deter- mines that— (A) the judgment holder, or claimant, is a United States person; (B) the claim is described in paragraph (2); and (C) the requirements of paragraph (3) are met. (2) Certain claims The claims referred to in paragraph (1) are claims for— Page 458 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20144 (A) compensatory damages awarded to a United States person in a final judgment— (i) issued by a United States district court under State or Federal law against a foreign state that was designated as a state sponsor of terrorism at the time the acts described in clause (ii) occurred or was so designated as a result of such acts; and (ii) arising from acts of international terrorism, for which the foreign state was determined not to be immune from the ju- risdiction of the courts of the United States under section 1605A, or section 1605(a)(7) (as such section was in effect on January 27, 2008), of title 28; (B) the sum total of $10,000 per day for each day that a United States person was taken and held hostage from the United States embassy in Tehran, Iran, during the period beginning November 4, 1979, and end- ing January 20, 1981; or (C) damages for the spouses and children of the former hostages described in subpara- graph (B), if such spouse or child is identi- fied as a member of the proposed class in case number 1:00-CV-03110 (EGS) of the United States Court for the District of Co- lumbia, in the following amounts: (i) For each spouse of a former hostage identified as a member of the proposed class described in this subparagraph, a $600,000 lump sum. (ii) For each child of a former hostage identified as a member of the proposed class described in this subparagraph, a $600,000 lump sum. (3) Deadline for application submission (A) In general The deadline for submitting an application for a payment under this subsection is as fol- lows: (i) Not later than 90 days after the date of the publication required under sub- section (b)(2)(A), with regard to an applica- tion based on— (I) a final judgment described in para- graph (2)(A) obtained before that date of publication; or (II) a claim described in paragraph (2)(B) or (2)(C), except that any United States person with an eligible claim de- scribed in paragraph (2)(B) who did not have an eligible claim before November 21, 2019, shall have 90 days from Novem- ber 21, 2019, to submit an application for payment. (ii) Not later than 90 days after the date of obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication, unless— (I) the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before November 21, 2019, in which case such United States person shall have 90 days from the date of enactment of such Act to submit an application for pay- ment; or (II) the final judgment was awarded to a 1983 Beirut barracks bombing victim or a 1996 Khobar Towers bombing victim be- fore December 29, 2022, in which case such United States person shall have 180 days from December 29, 2022, to submit an application for payment. (B) Good cause For good cause shown, the Special Master may grant a claimant a reasonable exten- sion of a deadline under this paragraph. (d) Payments (1) To whom made The Special Master shall order payment from the Fund for each eligible claim of a United States person to that person or, if that person is deceased, to the personal representa- tive of the estate of that person. (2) Timing of initial payments The Special Master shall authorize all ini- tial payments to satisfy eligible claims under this section not later than 1 year after Decem- ber 18, 2015. (3) Payments to be made pro rata (A) In general (i) Pro rata basis Except as provided in subparagraph (B) and subject to the limitations described in clause (ii), the Special Master shall carry out paragraph (1), by— (I) dividing all available funds in half and allocating 50 percent of the available funds to non-9/11 related victims of state sponsored terrorism and the remaining 50 percent of the available funds to 9/11 related victims of state sponsored ter- rorism; (II) further dividing the funds allo- cated to non-9/11 related victims of state sponsored terrorism on a pro rata basis, based on the amounts outstanding and unpaid on eligible claims, until such amounts have been paid in full or the Fund is closed; and (III) further dividing the funds allo- cated to 9/11 related victims of state sponsored terrorism on a pro rata basis, based on the amounts outstanding and unpaid on eligible claims, until such amounts have been paid in full or the Fund is closed. (ii) Limitations The limitations described in this clause are as follows: (I) In the event that a United States person has an eligible claim that exceeds $20,000,000, the Special Master shall treat that claim as if it were for $20,000,000 for purposes of this section. (II) In the event that a non-9/11 related victim of state sponsored terrorism and the immediate family members of such person have claims that if aggregated would exceed $35,000,000, the Special Master shall, for purposes of this section, reduce such claims on a pro rata basis such that in the aggregate such claims do not exceed $35,000,000. (III) In the event that a 9/11 victim, 9/ 11 spouse, or 9/11 dependent and the im- Page 459 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20144 mediate family members of such person (who are also 9/11 victims, 9/11 spouses, or 9/11 dependents) have claims that if aggregated would exceed $35,000,000, the Special Master shall, for purposes of this section, reduce such claims on a pro rata basis such that in the aggregate such claims do not exceed $35,000,000. (IV) In the event that a 9/11 family member and the family members of such person (who are also 9/11 family mem- bers) have claims that if aggregated would exceed $20,000,000, the Special Master shall, for purposes of this section, reduce such claims on a pro rata basis such that in the aggregate such claims do not exceed $20,000,000. (B) Minimum payments (i) Any applicant with an eligible claim de- scribed in subsection (c)(2) who has received, or is entitled or scheduled to receive, any payment that is equal to, or in excess of, 30 percent of the total compensatory damages owed to such applicant on the applicant’s claim from any source other than this Fund shall not receive any payment from the Fund until such time as all other eligible ap- plicants have received from the Fund an amount equal to 30 percent of the compen- satory damages awarded to those applicants pursuant to their final judgments or to claims under subsection (c)(2)(B) or (c)(2)(C). For purposes of calculating the pro rata amounts for these payments, the Special Master shall not include the total compen- satory damages for applicants excluded from payment by this subparagraph. (ii) To the extent that an applicant with an eligible claim has received less than 30 percent of the compensatory damages owed that applicant under a final judgment or claim described in subsection (c)(2) from any source other than this Fund, such applicant may apply to the Special Master for the dif- ference between the percentage of compen- satory damages the applicant has received from other sources and the percentage of compensatory damages to be awarded other eligible applicants from the Fund. (iii) For the purposes of clause (i), the cal- culation of the total compensatory damages received or entitled or scheduled to be re- ceived by an applicant who is a 1983 Beirut barracks bombing victim or a 1996 Khobar Towers bombing victim from any source other than the Fund shall include the total amount received by the applicant as a result of or in connection with the proceedings cap- tioned Peterson v. Islamic Republic of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or the pro- ceedings captioned In Re 650 Fifth Avenue & Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), such that any such applicant who has received or is enti- tled or scheduled to receive 30 percent or more of such applicant’s compensatory dam- ages judgment as a result of or in connection with such proceedings shall not receive any payment from the Fund, except in accord- ance with the requirements of clause (i), or as part of a lump-sum catch-up payment in accordance with paragraph (4)(D). (4) Additional payments (A) In general Except as provided in subparagraphs (B), (C), and (D), on January 1 of the second cal- endar year that begins after the date of the initial payments described in paragraph (1) if funds are available in the Fund, the Spe- cial Master shall authorize additional pay- ments on a pro rata basis to those claimants with eligible claims under subsection (c)(2) and shall authorize additional payments for eligible claims annually thereafter if funds are available in the Fund. (B) Third round payments The Special Master shall authorize third- round payments to satisfy eligible claims under this section not earlier than 90 days, and not later than 180 days, after November 21, 2019. The Special Master shall accept ap- plications from eligible applicants (con- sistent with the deadlines for application submission prescribed in subsection (c)(3)) until the date that is 90 days after November 21, 2019. (C) Lump sum catch-up payments for 9/11 victims, 9/11 spouses, and 9/11 depend- ents (i) In general Not later than 90 days after December 27, 2020, and in accordance with clauses (i) and (ii) of subsection (d)(3)(A), the Comptroller General of the United States shall conduct an audit and publish in the Federal Reg- ister a notice of proposed lump sum catch- up payments to 9/11 victims, 9/11 spouses, and 9/11 dependents who have submitted applications in accordance with subpara- graph (B) in amounts that, after receiving the lump sum catch-up payments, would result in the percentage of the claims of 9/ 11 victims, 9/11 spouses, and 9/11 depend- ents received from the Fund being equal to the percentage of the claims of 9/11 family members received from the Fund, as of De- cember 27, 2020. (ii) Public comment The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). (iii) Report Not later than 30 days after the expira- tion comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Ju- diciary and the Committee on Appropria- tions of the Senate, the Committee on the Judiciary and the Committee on Appro- priations of the House of Representatives, and the Special Master a report that in- cludes the determination of the Comp- troller General on— (I) the amount of the lump sum catch- up payment for each 9/11 victim; Page 460 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20144 (II) the amount of the lump sum catch- up payment for each 9/11 spouse; (III) the amount of the lump sum catch-up payment for each 9/11 depend- ent; and (IV) the total amount of lump sum catch-up payments described in sub- clauses (I) through (III). (iv) Authorization (I) In general The Special Master shall authorize lump sum catch-up payments in amounts equal to the amounts described in sub- clauses (I), (II), and (III) of clause (iii). (II) Appropriations (aa) In general There are authorized to be appro- priated and there are appropriated to the Fund such sums as are necessary to carry out this clause, to remain available until expended. (bb) Limitation Amounts appropriated pursuant to item (aa) may not be used for a pur- pose other than to make lump sum catch-up payments under this clause. (D) Lump sum catch-up payments for 1983 Beirut barracks bombing victims and 1996 Khobar Towers bombing victims (i) In general Not later than 1 year after December 29, 2022, and in accordance with clauses (i) and (ii) of paragraph (3)(A), the Comptroller General of the United States shall conduct an audit and publish in the Federal Reg- ister a notice of proposed lump sum catch- up payments to the 1983 Beirut barracks bombing victims and the 1996 Khobar Tow- ers bombing victims who have submitted applications in accordance with subsection (c)(3)(A)(ii)(II) on or after such date of en- actment, in amounts that, after receiving the lump sum catch-up payments, would result in the percentage of the claims of such victims received from the Fund being equal to the percentage of the claims of non-9/11 victims of state sponsored ter- rorism received from the Fund, as of De- cember 29, 2022. (ii) Public comment The Comptroller General shall provide an opportunity for public comment for a 30-day period beginning on the date on which the notice is published under clause (i). (iii) Report Not later than 30 days after the expira- tion of the comment period in clause (ii), the Comptroller General of the United States shall submit to the Committee on the Judiciary and the Committee on Ap- propriations of the Senate, the Committee on the Judiciary and the Committee on Appropriations of the House of Representa- tives, and the Special Master a report that includes the determination of the Comp- troller General on— (I) the amount of the proposed lump sum catch-up payment for each 1983 Bei- rut barracks bombing victim; (II) the amount of the proposed lump sum catch-up payment for each 1996 Khobar Towers bombing victim; and (III) amount of lump sum catch-up payments described in subclauses (I) and (II). (iv) Lump sum catch-up payment reserve fund (I) In general There is established within the Fund a lump sum catch-up payment reserve fund, to remain in reserve except in ac- cordance with this subsection. (II) Authorization Not earlier than 90 days after the date on which the Comptroller General sub- mits the report required under clause (iii), and not later than 1 year after such date, the Special Master shall authorize lump sum catch-up payments from the reserve fund established under subclause (I) in amounts equal to the amounts de- scribed in subclauses (I) and (II) of clause (iii). (III) Appropriations (aa) In general There are authorized to be appro- priated and there are appropriated to the lump sum catch-up payment re- serve fund $3,000,000,000 to carry out this clause, to remain available until expended. (bb) Limitation Except as provided in subclause (IV), amounts appropriated pursuant to item (aa) may not be used for a pur- pose other than to make lump sum catch-up payments under this clause. (IV) Expiration (aa) In general The lump sum catch-up payment re- serve fund established by this clause shall be terminated not later than 1 year after the Special Master disperses all lump sum catch-up payments pur- suant to subclause (II). (bb) Remaining amounts All amounts remaining in the lump sum catch-up payment reserve fund in excess of the amounts described in sub- clauses (I) and (II) of clause (iii) shall be deposited into the Fund under this section. (5) Subrogation and retention of rights (A) United States subrogated to creditor rights to the extent of payment The United States shall be subrogated to the rights of any person who applies for and receives payments under this section, but only to the extent and in the amount of such payments made under this section. The President shall pursue these subrogated Page 461 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20144 1 See References in Text note below. rights as claims or offsets of the United States in appropriate ways, including any negotiation process that precedes the nor- malization of relations between the foreign state designated as a state sponsor of ter- rorism and the United States or the lifting of sanctions against such foreign state. (B) Rights retained To the extent amounts of damages remain unpaid and outstanding following any pay- ments made under this subsection, each ap- plicant shall retain that applicant’s creditor rights in any unpaid and outstanding amounts of the judgment, including any pre- judgment or post-judgment interest, or puni- tive damages, awarded by the United States district court pursuant to a judgment. (e) United States Victims of State Sponsored Ter- rorism Fund (1) Establishment of United States Victims of State Sponsored Terrorism Fund There is established in the Treasury a fund, to be designated as the United States Victims of State Sponsored Terrorism Fund. (2) Deposit and transfer Beginning on December 18, 2015, the fol- lowing shall be deposited or transferred into the Fund for distribution under this section: (A) Forfeited funds and property (i) Criminal funds and property All funds, and the net proceeds from the sale of property, forfeited or paid to the United States after December 18, 2015, as a criminal penalty or fine arising from a vio- lation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.),1 or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism. (ii) Civil funds and property Seventy-five percent of all funds, and seventy-five percent of the net proceeds from the sale of property, forfeited or paid to the United States after December 18, 2015, as a civil penalty or fine arising from a violation of any license, order, regula- tion, or prohibition issued under the Inter- national Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.),1 or any related conspiracy, scheme, or other Federal offense arising from the ac- tions of, or doing business with or acting on behalf of, a state sponsor of terrorism. (B) Transfer into Fund of certain assigned assets of Iran and election to participate in Fund (i) Deposit into Fund of assigned proceeds from sale of properties and related as- sets identified in In Re 650 Fifth Ave- nue & Related Properties (I) In general Except as provided in subclause (II), if the United States receives a final judg- ment forfeiting the properties and re- lated assets identified in the proceedings captioned as In Re 650 Fifth Avenue & Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), the net pro- ceeds (not including the litigation ex- penses and sales costs incurred by the United States) resulting from the sale of such properties and related assets by the United States shall be deposited into the Fund. (II) Limitation The following proceeds resulting from any sale of the properties and related as- sets identified in subclause (I) shall not be transferred into the Fund: (aa) The percentage of proceeds at- tributable to any party identified as a Settling Judgment Creditor in the order dated April 16, 2014, in such pro- ceedings, who does not make an elec- tion (described in clause (iii)) to par- ticipate in the Fund. (bb) The percentage of proceeds at- tributable to the parties identified as the Hegna Judgment Creditors in such proceedings, unless and until a final judgment is entered denying the claims of such creditors. (ii) Deposit into Fund of assigned assets identified in Peterson v. Islamic Repub- lic of Iran If a final judgment is entered in Peter- son v. Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y.), awarding the assets at issue in that case to the judgment credi- tors identified in the order dated July 9, 2013, those assets shall be deposited into the Fund, but only to the extent, and in such percentage, that the rights, title, and interest to such assets were assigned through elections made pursuant to clause (iii). (iii) Election to participate in the Fund Upon written notice to the Attorney General, the Special Master, and the chief judge of the United States District Court for the Southern District of New York within 60 days after the date of the publi- cation required under subsection (b)(2)(A) a United States person, who is a judgment creditor in the proceedings captioned Pe- terson v. Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y.), or a Settling Judg- ment Creditor as identified in the order dated May 27, 2014, in the proceedings cap- tioned In Re 650 Fifth Avenue & Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Page 462 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20144 Dec. 17, 2008), shall have the right to elect to participate in the Fund and, to the ex- tent any such person exercises such right, shall irrevocably assign to the Fund all rights, title, and interest to such person’s claims to the assets at issue in such pro- ceedings. To the extent that a United States person is both a judgment creditor in the proceedings captioned Peterson v. Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y.) and a Settling Judgment Cred- itor in In Re 650 Fifth Avenue & Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), any election by such person to participate in the Fund pursuant to this paragraph shall operate as an election to assign any and all rights, title, and inter- est in the assets in both actions for the purposes of participating in the Fund. The Attorney General is authorized to pursue any such assigned rights, title, and inter- est in those claims for the benefit of the Fund. (iv) Application for conditional payment A United States person who is a judg- ment creditor or a Settling Judgment Creditor in the proceedings identified in clause (iii) and who does not elect to par- ticipate in the Fund may, notwithstanding such failure to elect, submit an applica- tion for conditional payment from the Fund, subject to the following limitations: (I) In general Notwithstanding any such claimant’s eligibility for payment and the initial deadline for initial payments set forth in subsection (d)(2), the Special Master shall allocate but withhold payment to an eligible claimant who applies for a conditional payment under this para- graph until such time as an adverse final judgment is entered in both of the pro- ceedings identified in clause (iii). (II) Exception (aa) In the event that an adverse final judgment is entered in the proceedings captioned Peterson v. Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y), prior to a final judgment being entered in the proceedings captioned In Re 650 Fifth Avenue & Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), the Special Master shall release a portion of an eligible claimant’s conditional pay- ment to such eligible claimant if the Special Master anticipates that such claimant will receive less than the amount of the conditional payment from any proceeds from a final judgment that is entered in favor of the plaintiffs in In Re 650 Fifth Avenue & Related Prop- erties. Such portion shall not exceed the difference between the amount of the conditional payment and the amount the Special Master anticipates such claim- ant will receive from the proceeds of In Re 650 Fifth Avenue & Related Prop- erties. (bb) In the event that a final judgment is entered in favor of the plaintiffs in the proceedings captioned Peterson v. Is- lamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y) and funds are distributed, the payments allocated to claimants who ap- plied for a conditional payment under this subparagraph shall be considered void, and any funds previously allocated to such conditional payments shall be made available and distributed to all other eligible claimants pursuant to sub- section (d). (v) Exception for 1983 Beirut barracks bombing victims and 1996 Khobar Tow- ers bombing victims Nothing in this subparagraph shall apply with respect to— (I) a 1983 Beirut barracks bombing vic- tim or a 1996 Khobar Towers bombing victim who submits an application under subsection (c)(3)(A)(ii)(II) on or after De- cember 29, 2022; or (II) the assets, or the net proceeds of the sale of properties or related assets, attributable to a person described in sub- clause (I). (3) Expenditures from Fund Amounts in the Fund shall be available, without further appropriation, for the pay- ment of eligible claims and compensation of the Special Master in accordance with this section. (4) Management of Fund The Fund shall be managed and invested in the same manner as a trust fund is managed and invested under section 9602 of title 26. (5) Funding There is appropriated to the Fund, out of any money in the Treasury not otherwise ap- propriated, $1,025,000,000 for fiscal year 2017, to remain available until expended. (6) Termination (A) In general Amounts in the Fund may not be obligated on or after January 2, 2039. (B) Closing of Fund Effective on the day after all amounts au- thorized to be paid from the Fund under this section that were obligated before January 2, 2039 are expended, any unobligated bal- ances in the Fund shall be transferred, as ap- propriate, to either the Department of the Treasury Forfeiture Fund established under section 9705 of title 31 or to the Department of Justice Assets Forfeiture Fund estab- lished under section 524(c)(1) of title 28. (f) Attorneys’ fees and costs (1) In general No attorney representing a non-9/11 related victim of state sponsored terrorism shall charge, receive, or collect, and the Special Master shall not approve, any payment of fees and costs that in the aggregate exceeds 25 per- cent of any payment made under this section. After November 21, 2019, no attorney rep- resenting a 9/11 related victim of state spon- sored terrorism shall charge, receive, or col- Page 463 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20144 lect, and the Special Master shall not approve, any payment of fees and costs that in the ag- gregate exceeds 15 percent of any payment made under this section after November 21, 2019. (2) Penalty Any attorney who violates paragraph (1) shall be fined under title 18, imprisoned for not more than 1 year, or both. (g) Award of compensation to informers (1) In general Any United States person who holds a final judgment described in subsection (c)(2)(A) or a claim under subsection (c)(2)(B) or (c)(2)(C) and who meets the requirements set forth in paragraph (2) is entitled to receive an award of 10 percent of the funds deposited in the Fund under subsection (e)(2) attributable to infor- mation such person furnished to the Attorney General that leads to a forfeiture described in subsection (e)(2)(A), which is made after De- cember 18, 2015, pursuant to a proceeding re- sulting in forfeiture that was initiated after December 18, 2015. (2) Person described A person meets the requirements of this paragraph if— (A) the person identifies and notifies the Attorney General of funds or property— (i) of a state sponsor of terrorism, or held by a third party on behalf of or sub- ject to the control of that state sponsor of terrorism; (ii) that were not previously identified or known by the United States Government; and (iii) that are subsequently forfeited di- rectly or in the form of substitute assets to the United States; and (B) the Attorney General finds that the identification and notification under sub- paragraph (A) by that person substantially contributed to the forfeiture to the United States. (h) Special exclusion from compensation In no event shall an individual who is crimi- nally culpable for an act of international ter- rorism receive any compensation under this sec- tion, either directly or on behalf of a victim. (i) Report to Congress Within 30 days after authorizing the payment of compensation of eligible claims pursuant to subsection (d), the Special Master shall submit to the chairman and ranking minority member of the Committee on the Judiciary of the House of Representatives and the chairman and rank- ing minority member of the Committee on the Judiciary of the Senate a report on the payment of eligible claims, which shall include— (1) an explanation of the procedures for fil- ing and processing of applications for com- pensation; and (2) an analysis of the payments made to United States persons from the Fund and the amount of outstanding eligible claims, includ- ing— (A) the number of applications for com- pensation submitted; (B) the number of applications approved and the amount of each award; (C) the number of applications denied and the reasons for the denial; (D) the number of applications for com- pensation that are pending for which com- pensatory damages have not been paid in full; and (E) the total amount of compensatory damages from eligible claims that have been paid and that remain unpaid. (j) Definitions In this section the following definitions apply: (1) Act of international terrorism The term ‘‘act of international terrorism’’ includes— (A) an act of torture, extrajudicial killing, aircraft sabotage, or hostage taking as those terms are defined in section 1605A(h) of title 28; and (B) providing material support or re- sources, as defined in section 2339A of title 18, for an act described in subparagraph (A). (2) Adverse final judgment The term ‘‘adverse final judgment’’ means a final judgment in favor of the defendant, or defendants, in the proceedings identified in subsection (e)(2)(B)(iii), or which does not order any payment from, or award any inter- est in, the assets at issue in such proceedings to the plaintiffs, judgment creditors, or Set- tling Judgment Creditors in such proceedings. (3) Compensatory damages The term ‘‘compensatory damages’’ does not include pre-judgment or post-judgment inter- est or punitive damages. (4) Final judgment The term ‘‘final judgment’’ means an en- forceable final judgment, decree or order on li- ability and damages entered by a United States district court that is not subject to fur- ther appellate review, but does not include a judgment, decree, or order that has been waived, relinquished, satisfied, espoused by the United States, or subject to a bilateral claims settlement agreement between the United States and a foreign state. In the case of a default judgment, such judgment shall not be considered a final judgment until such time as service of process has been completed pur- suant to section 1608(e) of title 28. (5) Fund The term ‘‘Fund’’ means the United States Victims of State Sponsored Terrorism Fund established by this section. (6) Source other than this Fund The term ‘‘source other than this Fund’’ means all collateral sources, including life in- surance, pension funds, death benefit pro- grams, payments by Federal, State, or local governments, and court awarded compensa- tion related to the act of international ter- rorism that gave rise to a claimant’s final judgment, except that the term does not in- clude payments received in connection with an international claims agreement to which the Page 464 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20144 2 So in original. Probably should be ‘‘Civ.’’ United States is a state party or any other settlement of terrorism-related claims against Sudan. The term ‘‘entitled or scheduled to re- ceive’’ in subsection (d)(3)(B)(i) includes any potential recovery where that person or their representative is a party to any civil or ad- ministrative action pending in any court or agency of competent jurisdiction in which the party seeks to enforce the judgment giving rise to the application to the Fund. (7) State sponsor of terrorism The term ‘‘state sponsor of terrorism’’ means a country the government of which the Secretary of State has determined, for pur- poses of section 4605(j) 1 of title 50, section 2371 of title 22, section 2780 of title 22, or any other provision of law, is a government that has re- peatedly provided support for acts of inter- national terrorism. (8) United States person The term ‘‘United States person’’ means a natural person who has suffered an injury aris- ing from the actions of a foreign state for which the foreign state has been determined not to be immune from the jurisdiction of the courts of the United States under section 1605A or section 1605(a)(7) (as such section was in effect on January 27, 2008) of title 28 or is el- igible to make a claim under subsection (c)(2)(B) or subsection (c)(2)(C). (9) Non-9/11 related victim of state sponsored terrorism The term ‘‘non-9/11 victim of state sponsored terrorism’’ means a United States person who has an eligible claim under subsection (c) that is unrelated to the acts of international ter- rorism carried out on September 11, 2001. (10) 9/11 related victim of state sponsored ter- rorism The term ‘‘9/11 related victim of state spon- sored terrorism’’ means a 9/11 victim, 9/11 spouse, 9/11 dependent, or 9/11 family member. (11) 9/11 dependent The term ‘‘9/11 dependent’’ means a United States person who has an eligible claim under subsection (c) who at the time of a 9/11 vic- tim’s death was— (A) a dependent, as defined in section 104.3 of title 28, Code of Federal Regulations, or any successor thereto, of the 9/11 victim; or (B) the child of the 9/11 victim who has not, before November 21, 2019, received pay- ment from the Fund. (12) 9/11 family member The term ‘‘9/11 family member’’ means the immediate family member of an individual de- scribed in section 405(c) of the Air Transpor- tation Safety and System Stabilization Act (49 U.S.C. 40101 note) who is not a 9/11 dependent or a 9/11 spouse. (13) 9/11 spouse The term ‘‘9/11 spouse’’ means a United States person who has an eligible claim under subsection (c) who is a spouse, as defined in section 104.3 of title 28, Code of Federal Regu- lations, or any successor thereto, of an indi- vidual described in section 405(c) of the Air Transportation Safety and System Stabiliza- tion Act (49 U.S.C. 40101 note). (14) 9/11 victim The term ‘‘9/11 victim’’ means a United States person who has an eligible claim under subsection (c) who is an individual described in section 405(c)(2) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note). (15) 1983 Beirut barracks bombing victim The term ‘‘1983 Beirut barracks bombing vic- tim’’— (A) means a plaintiff, or estate or suc- cessor in interest thereof, who has an eligi- ble claim under subsection (c) that arises out of the October 23, 1983, bombing of the United States Marine Corps barracks in Bei- rut, Lebanon; and (B) includes a plaintiff, estate, or suc- cessor in interest described in subparagraph (A) who is a judgment creditor in the pro- ceedings captioned Peterson v. Islamic Re- public of Iran, No. 10 Vic.2 4518 (S.D.N.Y.), or a Settling Judgment Creditor as identified in the order dated May 27, 2014, in the pro- ceedings captioned In Re 650 Fifth Avenue & Related Properties, No. 08 Vic.2 10934 (S.D.N.Y. filed Dec. 17, 2008). (16) 1996 Khobar Towers bombing victim The term ‘‘1996 Khobar Towers bombing vic- tim’’— (A) means a plaintiff, or estate or suc- cessor in interest thereof, who has an eligi- ble claim under subsection (c) that arises out of the June 25, 1996 bombing of the Khobar Tower housing complex in Saudi Arabia; and (B) includes a plaintiff, estate, or suc- cessor in interest described in subparagraph (A) who is a judgment creditor in the pro- ceedings captioned Peterson v. Islamic Re- public of Iran, No. 10 Vic.2 4518 (S.D.N.Y.), or a Settling Judgment Creditor as identified in the order dated May 27, 2014, in the pro- ceedings captioned In Re 650 Fifth Avenue & Related Properties, No. 08 Vic.2 10934 (S.D.N.Y. filed Dec. 17, 2008). (k) Severability The provisions of this section are severable. If any provision of this section, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of this section not so adjudicated. (Pub. L. 114–113, div. O, title IV, § 404, Dec. 18, 2015, 129 Stat. 3007; Pub. L. 116–69, div. B, title VII, § 1701(b)(1), Nov. 21, 2019, 133 Stat. 1140; Pub. L. 116–260, div. FF, title XVII, § 1705, Dec. 27, 2020, 134 Stat. 3293; Pub. L. 117–328, div. MM, § 101(b), Dec. 29, 2022, 136 Stat. 6106.) Editorial Notes REFERENCES IN TEXT The United States Victims of State Sponsored Ter- rorism Fund Clarification Act, referred to in subsec. Page 465 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20144 (b)(2)(A), is Pub. L. 116–69, div. B, title VII, § 1701, Nov. 21, 2019, 133 Stat. 1140, which amended this section and enacted notes under this section and section 10101 of this title. The date of enactment of the Act is Nov. 21, 2019. The Fairness for 9/11 Families Act, referred to in sub- sec. (b)(2)(A), is Pub. L. 117–328, div. MM, § 101, Dec. 29, 2022, 136 Stat. 6106, which amended this section and en- acted a note under section 10101 of this title. The date of enactment of the Act is Dec. 29, 2022. Section 1605(a)(7) of title 28 (as such section was in ef- fect on January 27, 2008), referred to in subsecs. (c)(2)(A)(ii) and (j)(8), refers to subsec. (a)(7) of section 1605 of title 28 as it existed prior to being struck out by Pub. L. 110–181, § 1083(b)(1)(A). See 2008 Amendment note under that section. The International Emergency Economic Powers Act, referred to in subsec. (e)(2)(A), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. The Trading with the Enemy Act, referred to in sub- sec. (e)(2)(A), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which was classified generally to sections 1 to 6, 7 to 39, and 41 to 44 of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 53 (§ 4301 et seq.) of Title 50. For complete classification of this Act to the Code, see Ta- bles. Section 4605(j) of title 50, referred to in subsec. (j)(7), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. Provisions similar to those in former section 4605(j) of title 50 can be found in section 4813(c) of title 50, as enacted by Pub. L. 115–232. Section 405 of the Air Transportation Safety and Sys- tem Stabilization Act, referred to in subsec. (j)(12) to (14), is section 405 of Pub. L. 107–42, which is set out in a note under section 40101 of Title 49, Transportation. CODIFICATION Section was formerly classified to section 10609 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Section 101(b) of div. MM of 117–328, which directed amendment of section 404 of the Justice for United States Victims of State Sponsored Terrorism Act, was executed to this section, which comprises the entire Act, to reflect the probable intent of Congress. AMENDMENTS 2022—Subsec. (b)(1)(B). Pub. L. 117–328, § 101(b)(1)(A), inserted ‘‘and during the 1-year period beginning on De- cember 29, 2022, the Special Master may utilize an addi- tional 5 full-time equivalent Department of Justice personnel’’ before period at end of first sentence. See Codification note above. Subsec. (b)(2)(A). Pub. L. 117–328, § 101(b)(1)(B), in- serted ‘‘Not later than 30 days after the date of enact- ment of the Fairness for 9/11 Families Act, the Special Master shall update, as necessary as a result of the en- actment of such Act, such procedures and other guid- ance previously issued by the Special Master.’’ after ‘‘guidance previously issued by the Special Master.’’ See Codification note above. Subsec. (c)(3)(A)(ii). Pub. L. 117–328, § 101(b)(2), added cl. (ii) and struck out former cl. (ii) which read as fol- lows: ‘‘Not later than 90 days after the date of obtain- ing a final judgment, with regard to a final judgment obtained on or after the date of that publication, unless the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before November 21, 2019, in which case such United States person shall have 90 days from November 21, 2019, to submit an application for payment.’’ See Codification note above. Subsec. (d)(3)(B)(iii). Pub. L. 117–328, § 101(b)(3)(A), added cl. (iii). See Codification note above. Subsec. (d)(4)(A). Pub. L. 117–328, § 101(b)(3)(B)(i), sub- stituted ‘‘subparagraphs (B), (C), and (D)’’ for ‘‘subpara- graphs (B) and (C)’’. See Codification note above. Subsec. (d)(4)(C)(iv). Pub. L. 117–328, § 101(b)(3)(B)(ii), added cl. (iv). See Codification note above. Subsec. (d)(4)(D). Pub. L. 117–328, § 101(b)(3)(B)(iii), added subpar. (D). See Codification note above. Subsec. (e)(2)(B)(v). Pub. L. 117–328, § 101(b)(4), added cl. (v). See Codification note above. Subsec. (j)(15), (16). Pub. L. 117–328, § 101(b)(5), added pars. (15) and (16). See Codification note above. 2020—Subsec. (c)(2)(A)(i). Pub. L. 116–260, § 1705(a)(1), substituted ‘‘foreign state that was designated as a state sponsor of terrorism at the time the acts de- scribed in clause (ii) occurred or was so designated as a result of such acts’’ for ‘‘state sponsor of terrorism’’. Subsec. (d)(4)(A). Pub. L. 116–260, § 1705(b)(1), sub- stituted ‘‘subparagraphs (B) and (C)’’ for ‘‘subparagraph (B)’’. Subsec. (d)(4)(C). Pub. L. 116–260, § 1705(b)(2), added subpar. (C). Subsec. (e)(6). Pub. L. 116–260, § 1705(a)(2), substituted ‘‘January 2, 2039’’ for ‘‘January 2, 2030’’ in two places. Subsec. (j)(6). Pub. L. 116–260, § 1705(a)(3), inserted ‘‘, except that the term does not include payments re- ceived in connection with an international claims agreement to which the United States is a state party or any other settlement of terrorism-related claims against Sudan’’ after ‘‘final judgment’’. 2019—Subsec. (b)(1)(B). Pub. L. 116–69, § 1701(b)(1)(A)(i), substituted ‘‘section, except that, during the 1-year pe- riod beginning on November 21, 2019, the Special Master may utilize an additional 5 full-time equivalent Depart- ment of Justice personnel.’’ for ‘‘section.’’ Subsec. (b)(2)(A). Pub. L. 116–69, § 1701(b)(1)(A)(ii), sub- stituted ‘‘Not later than 30 days after the date of enact- ment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, the Special Master shall update, as necessary as a result of the enactment of such Act, such procedures and other guidance pre- viously issued by the Special Master. Such notice and any updates to that notice or other guidance are’’ for ‘‘Such notice is’’. Subsec. (c)(2)(B). Pub. L. 116–69, § 1701(b)(1)(B)(i), sub- stituted ‘‘January 20, 1981’’ for ‘‘January 20, 1981, if such person is identified as a member of the proposed class in case number 1:00-CV-03110 (EGS) of the United States District Court for the District of Columbia’’. Subsec. (c)(3)(A)(i)(II). Pub. L. 116–69, § 1701(b)(1)(B)(ii)(I), substituted for period at end ‘‘, except that any United States person with an eligi- ble claim described in paragraph (2)(B) who did not have an eligible claim before November 21, 2019, shall have 90 days from November 21, 2019, to submit an ap- plication for payment.’’ Subsec. (c)(3)(A)(ii). Pub. L. 116–69, § 1701(b)(1)(B)(ii)(II), substituted for period at end ‘‘, unless the final judgment was awarded to a 9/11 vic- tim, 9/11 spouse, or 9/11 dependent before November 21, 2019, in which case such United States person shall have 90 days from November 21, 2019, to submit an ap- plication for payment.’’ Subsec. (d)(3)(A). Pub. L. 116–69, § 1701(b)(1)(C)(i), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows: ‘‘(i) PRO RATA BASIS.—Except as provided in subpara- graph (B) and subject to the limitations described in clause (ii), the Special Master shall carry out para- graph (1), by dividing all available funds on a pro rata basis, based on the amounts outstanding and unpaid on eligible claims, until all such amounts have been paid in full. ‘‘(ii) LIMITATIONS.—The limitations described in this clause are as follows: ‘‘(I) In the event that a United States person has an eligible claim that exceeds $20,000,000, the Special Master shall treat that claim as if it were for $20,000,000 for purposes of this section. ‘‘(II) In the event that a United States person and the immediate family members of such person, have Page 466 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20145 claims that if aggregated would exceed $35,000,000, the Special Master shall, for purposes of this section, re- duce such claims on a pro rata basis such that in the aggregate such claims do not exceed $35,000,000. ‘‘(III) In the event that a United States person, or the immediate family member of such person, has an eligible claim under this section and has received an award or an award determination under section 405 of the Air Transportation Safety and System Stabiliza- tion Act (49 U.S.C. 40101 note), the amount of com- pensation to which such person, or the immediate family member of such person, was determined to be entitled under section 405 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) shall be considered controlling for the purposes of this section, notwithstanding any compensatory damages amounts such person, or immediate family member of such person, is deemed eligible for or enti- tled to pursuant to a final judgment described in sub- section (c)(2)(A).’’ Subsec. (d)(4). Pub. L. 116–69, § 1701(b)(1)(C)(ii), des- ignated existing provisions as subpar. (A), inserted heading, substituted ‘‘Except as provided in subpara- graph (B), on’’ for ‘‘On’’, and added subpar. (B). Subsec. (e)(2)(A)(ii). Pub. L. 116–69, § 1701(b)(1)(D)(i), substituted ‘‘Seventy-five percent’’ for ‘‘One-half’’ and ‘‘seventy-five percent’’ for ‘‘one-half’’. Subsec. (e)(6). Pub. L. 116–69, § 1701(b)(1)(D)(ii), sub- stituted ‘‘2030’’ for ‘‘2026’’ in subpars. (A) and (B). Subsec. (f)(1). Pub. L. 116–69, § 1701(b)(1)(E), inserted ‘‘representing a non-9/11 related victim of state spon- sored terrorism’’ after ‘‘No attorney’’ and ‘‘After No- vember 21, 2019, no attorney representing a 9/11 related victim of state sponsored terrorism shall charge, re- ceive, or collect, and the Special Master shall not ap- prove, any payment of fees and costs that in the aggre- gate exceeds 15 percent of any payment made under this section after November 21, 2019.’’ after ‘‘section.’’ Subsec. (j)(6). Pub. L. 116–69, § 1701(b)(1)(F)(i), struck out ‘‘(including payments from the September 11th Vic- tim Compensation Fund (49 U.S.C. 40101 note))’’ after ‘‘local governments’’. Subsec. (j)(9) to (14). Pub. L. 116–69, § 1701(b)(1)(F)(ii), added pars. (9) to (14). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–69, div. B, title VII, § 1701(d), Nov. 21, 2019, 133 Stat. 1143, provided that: ‘‘This section [amending this section and enacting provisions set out as a note below] and the amendments made by this section shall take effect on the date of enactment of this Act [Nov. 21, 2019].’’ CONSTRUCTION OF 2019 AMENDMENT Pub. L. 116–69, div. B, title VII, § 1701(c), Nov. 21, 2019, 133 Stat. 1143, provided that: ‘‘A determination by the Special Master before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act [Nov. 21, 2019] that an award or award determination under section 405 of the Air Transportation Safety and Stabilization Act [Pub. L. 107–42] (49 U.S.C. 40101 note) was controlling for pur- poses of the Fund (pursuant to subsection (d)(3)(A)(ii)(III) of the Justice for United States Vic- tims of State Sponsored Terrorism Act (34 U.S.C. 20144(d)(3)(A)(ii)(III)), as such section was in effect on the day before the date of enactment of this Act [Nov. 21, 2019]) shall not prejudice a claim of a 9/11 victim, 9/ 11 spouse, or 9/11 dependent.’’ § 20145. Elimination of barriers (a) Minors A Federal agency may not require a survivor of human trafficking who is less than 18 years of age or a homeless youth to obtain the consent or signature of the parent or guardian of the sur- vivor or homeless youth to receive a copy of a Government-issued identity card issued to the survivor or homeless youth. (b) Fees A Federal agency may not charge a survivor of human trafficking or a homeless youth a fee to obtain a copy of a Government-issued identity card issued to the survivor or homeless youth. (Pub. L. 117–347, title IV, § 402, Jan. 5, 2023, 136 Stat. 6208.) Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 117–347, § 3, Jan. 5, 2023, 136 Stat. 6199, provided that: ‘‘In this Act [see section 1 of Pub. L. 117–347, set out as a Short Title of 2023 Amendment note under sec- tion 10101 of this title]: ‘‘(1) COMPUTER.—The term ‘computer’ includes a computer network and any interactive electronic de- vice. ‘‘(2) CYBERCRIME AGAINST INDIVIDUALS.—The term ‘cybercrime against individuals’ has the meaning given that term in section 1401(a) [of the] Violence Against Women Act Reauthorization Act of 2022 (34 U.S.C. 30107(a)). ‘‘(3) HOMELESS YOUTH.—The term ‘homeless youth’ has the meaning given the term ‘homeless children and youths’ in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).’’ CHAPTER 203—VICTIMS OF CHILD ABUSE SUBCHAPTER I—IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES Sec. 20301. Findings. 20302. Definitions. 20303. Regional children’s advocacy centers. 20304. Local children’s advocacy centers. 20305. Grants for specialized technical assistance and training programs. 20306. Authorization of appropriations. 20307. Accountability. SUBCHAPTER II—COURT-APPOINTED SPECIAL ADVOCATE PROGRAM 20321. Findings. 20322. Purpose. 20323. Strengthening of court-appointed special ad- vocate program. 20324. Authorization of appropriations. SUBCHAPTER III—CHILD ABUSE TRAINING PRO- GRAMS FOR JUDICIAL PERSONNEL AND PRAC- TITIONERS 20331. Findings and purpose. 20332. Grants for juvenile and family court per- sonnel. 20333. Specialized technical assistance and training programs. 20334. Authorization of appropriations. SUBCHAPTER IV—REPORTING REQUIREMENTS 20341. Child abuse reporting. 20342. Federal immunity. SUBCHAPTER V—CHILD CARE WORKER EMPLOYEE BACKGROUND CHECKS 20351. Requirement for background checks. SUBCHAPTER I—IMPROVING INVESTIGA- TION AND PROSECUTION OF CHILD ABUSE CASES § 20301. Findings The Congress finds that—