34 U.S.C. § 20104 — Child abuse prevention and treatment

Page 431 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20104 1 See References in Text note below. 2001—Subsec. (a)(6). Pub. L. 107–56, § 623(a), added par. (6). Subsec. (b)(1)(F). Pub. L. 107–56, § 623(b), added subpar. (F). Subsec. (c)(1)(A). Pub. L. 107–56, § 623(c), inserted ‘‘, program evaluation, compliance efforts,’’ after ‘‘demonstration projects’’. Subsec. (c)(2)(A). Pub. L. 107–56, § 623(d)(1), substituted ‘‘not less than 50 percent’’ for ‘‘not more than 50 per- cent’’. Subsec. (c)(2)(B). Pub. L. 107–56, § 623(d)(2), substituted ‘‘not more than 50 percent’’ for ‘‘not less than 50 per- cent’’. Subsec. (c)(3)(E). Pub. L. 107–56, § 623(e), added subpar. (E). 1996—Subsec. (a)(5). Pub. L. 104–132 amended par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘As used in this subsection, the term ‘base amount’ means— ‘‘(A) $150,000 for fiscal years 1989 through 1991; and ‘‘(B) $200,000 thereafter.’’ 1994—Subsec. (a)(5)(B). Pub. L. 103–322, § 230208, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘$200,000 thereafter through fiscal year 1995.’’ Pub. L. 103–317 substituted ‘‘1995’’ for ‘‘1994’’. Subsec. (b)(2). Pub. L. 103–322, § 230205(a), substituted ‘‘Except as provided in paragraph (3), an eligible’’ for ‘‘An eligible’’. Subsec. (b)(3). Pub. L. 103–322, § 230205(b), added par. (3). Subsec. (c)(1)(A). Pub. L. 103–322, § 230204, inserted ‘‘demonstration projects and’’ before ‘‘training’’. 1988—Subsec. (a)(1). Pub. L. 100–690, § 7123(b)(4), sub- stituted ‘‘Director’’ for ‘‘Attorney General’’. Subsec. (a)(2)(B). Pub. L. 100–690, § 7122(1), added sub- par. (B). Former subpar. (B) redesignated (C). Subsec. (a)(2)(C). Pub. L. 100–690, § 7122(2), redesig- nated subpar. (B) as (C). Former subpar. (C) redesig- nated (D). Subsec. (a)(2)(D). Pub. L. 100–690, § 7123(b)(5), which di- rected substitution of ‘‘Director’’ for ‘‘Attorney Gen- eral’’ in subpar. (C), was executed by making substi- tution in subpar. (D) to reflect the probable intent of Congress and the intervening redesignation of subpar. (C) as (D), see below. Pub. L. 100–690, § 7122(2), redesignated subpar. (C) as (D). Subsec. (a)(3) to (5). Pub. L. 100–690, § 7128, substituted ‘‘the base amount’’ for ‘‘$100,000’’ in pars. (3)(A) and (4) and added par. (5). Subsec. (c)(1). Pub. L. 100–690, § 7123(b)(6), substituted ‘‘Director’’ for ‘‘Attorney General, acting through the Assistant Attorney General for the Office of Justice Programs’’. Subsec. (c)(3). Pub. L. 100–690, § 7123(b)(7), (8), sub- stituted ‘‘Director’’ for ‘‘Assistant Attorney General for the Office of Justice Programs’’ in introductory provisions and ‘‘Director deems appropriate’’ for ‘‘At- torney General may assign’’ in subpar. (D). Subsec. (c)(4). Pub. L. 100–690, § 7123(b)(9), substituted ‘‘Director’’ for ‘‘Attorney General’’. Subsec. (d)(1). Pub. L. 100–690, § 9306(a), struck out ‘‘, except for the purposes of paragraphs (3)(A) and (4) of subsection (a) of this section,’’ before ‘‘any other ter- ritory’’. Pub. L. 100–690, § 7127, inserted reference to the United States Virgin Islands. 1986—Subsec. (a)(1). Pub. L. 99–401, § 102(b)(5), sub- stituted ‘‘made available by section 10601(d)(2) of this title for the purpose of grants under this subsection, or for the purpose of grants under section 10602 of this title but not used for that purpose’’ for ‘‘not used for grants under section 10602 of this title with respect to a particular fiscal year, and after any deduction under subsection (c) of this section’’. Subsec. (c)(1), (2). Pub. L. 99–401, § 102(b)(4), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: ‘‘(1) The Attorney General may in any fiscal year de- duct from amounts available under this section an amount not to exceed 5 percent of the amount in the Fund, and may expend the amount so deducted to pro- vide services to victims of Federal crimes by the De- partment of Justice, or reimburse other instrumental- ities of the Federal Government otherwise authorized to provide such services. ‘‘(2) The Attorney General shall appoint or designate an official of the Department of Justice to be the Fed- eral Crime Victim Assistance Administrator (herein- after in this chapter referred to as the ‘Federal Admin- istrator’) to exercise the responsibilities of the Attor- ney General under this subsection.’’ Subsec. (c)(2)(A). Pub. L. 99–646, § 71(1), substituted ‘‘not more than’’ for ‘‘not less than’’. Subsec. (c)(2)(B). Pub. L. 99–646, § 71(2), substituted ‘‘not less than’’ for ‘‘not more than’’. Subsec. (c)(3). Pub. L. 99–401, § 102(b)(4), substituted ‘‘The Assistant Attorney General for the Office of Jus- tice Programs shall’’ for ‘‘The Federal Administrator shall’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by sections 7122, 7123(b)(4)–(9), 7127, and 7128 of Pub. L. 100–690 not applicable with respect to a State compensation program that was an eligible State crime victim compensation program on Nov. 18, 1988, until Oct. 1, 1991, see section 7129 of Pub. L. 100–690, as amended, set out as a note under section 20101 of this title. § 20104. Child abuse prevention and treatment grants Amounts made available by section 20101(d)(2) of this title for the purposes of this section shall be obligated and expended by the Secretary of Health and Human Services for grants under section 5106c 1 of title 42. Any portion of an amount which is not obligated by the Secretary by the end of the fiscal year in which funds are made available for allocation, shall be reallo- cated for award under section 20103(a) of this title, except that with respect to funds deposited during fiscal year 1986 and made available for obligation during fiscal year 1987, any unobli- gated portion of such amount shall remain available for obligation until September 30, 1988. (Pub. L. 98–473, title II, § 1404A, as added Pub. L. 99–401, title I, § 102(b)(3), Aug. 27, 1986, 100 Stat. 905; amended Pub. L. 103–121, title I, § 110(b), Oct. 27, 1993, 107 Stat. 1164; Pub. L. 104–235, title I, § 113(b), Oct. 3, 1996, 110 Stat. 3079.) Editorial Notes REFERENCES IN TEXT Section 5106c of title 42, referred to in text, was in the original ‘‘section 109 of the Child Abuse Prevention and Treatment Act’’, meaning section 109 of Pub. L. 93–247, and was translated as reading section 107 of that act to reflect the probable intent of Congress and the renum- bering of section 109 as section 107 by section 113(a)(1)(B) of Pub. L. 104–235, title I, Oct. 3, 1996, 110 Stat. 3079. CODIFICATION Section was formerly classified to section 10603a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. 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 any foreign power (as defined by section 1801(a) of title 50) or to any domestic or for- eign organization operated for the purpose of engaging in any significant political or lob- bying activities. (b) Victims of terrorism within the United States The Director may make supplemental grants as provided in section 20101(d)(5) of this title to States for eligible crime victim compensation and assistance programs, and to victim service organizations, public agencies (including Fed- eral, State, or local governments) and non- governmental organizations that provide assist- ance to victims of crime, which shall be used to provide emergency relief, including crisis re- sponse efforts, assistance, compensation, train- ing and technical assistance, and ongoing assist- ance, including during any investigation or prosecution, to victims of terrorist acts or mass violence occurring within the United States. (Pub. L. 98–473, title II, § 1404B, as added Pub. L. 104–132, title II, § 232(a), Apr. 24, 1996, 110 Stat. 1243; amended Pub. L. 106–386, div. C, § 2003(a)(1), (4), Oct. 28, 2000, 114 Stat. 1543, 1544; Pub. L. 107–56, title VI, § 624(a), (b), Oct. 26, 2001, 115 Stat. 373.) Editorial Notes CODIFICATION Section was formerly classified to section 10603b of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. AMENDMENTS 2001—Subsec. (a)(1). Pub. L. 107–56, § 624(b), struck out ‘‘who are not persons eligible for compensation under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986’’ before period at end. Subsec. (b). Pub. L. 107–56, § 624(a), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: ‘‘The Director may make supple- mental grants as provided in section 10601(d)(5) of this title to States for eligible crime victim compensation and assistance programs to provide emergency relief, including crisis response efforts, assistance, training, and technical assistance, for the benefit of victims of terrorist acts or mass violence occurring within the United States and may provide funding to United States Attorney’s Offices for use in coordination with State victim compensation and assistance efforts in providing emergency relief.’’ 2000—Subsec. (a). Pub. L. 106–386, § 2003(a)(1), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The Director may make supplemental grants as provided in section 10603(a) of this title to States to provide compensation and assistance to the residents of such States who, while outside of the territorial boundaries of the United States, are victims of a terrorist act or mass vi- olence and are not persons eligible for compensation under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986.’’ Subsec. (b). Pub. L. 106–386, § 2003(a)(4), substituted ‘‘10601(d)(5) of this title’’ for ‘‘10603(d)(4)(B) of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–386, div. C, § 2003(a)(2), Oct. 28, 2000, 114 Stat. 1544, provided that: ‘‘The amendment made by this subsection [amending this section] shall apply to any terrorist act or mass violence occurring on or after December 21, 1988, with respect to which an investiga- tion or prosecution was ongoing after April 24, 1996.’’ ADMINISTRATIVE GUIDELINES Pub. L. 106–386, div. C, § 2003(a)(3), Oct. 28, 2000, 114 Stat. 1544, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Oct. 28, 2000], the Director shall establish guidelines under section 1407(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10604(a)) [now 34 U.S.C. 20110(a)] to specify the categories of or- ganizations and agencies to which the Director may make grants under this subsection [amending this sec- tion and enacting provisions set out as a note under this section].’’ § 20106. Compensation to victims of international terrorism (a) Definitions In this section: (1) International terrorism The term ‘‘international terrorism’’ has the meaning given the term in section 2331 of title 18.