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34 U.S.C. § 20103 — Crime victim assistance

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34 U.S.C. § 20103 — Crime victim assistance

Page 428 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20103 1 See References in Text note below. Text read as follows: ‘‘Notwithstanding any other law, for the purpose of any maximum allowed income eligi- bility requirement in any Federal, State, or local gov- ernment program using Federal funds that provides medical or other assistance (or payment or reimburse- ment of the cost of such assistance) that becomes nec- essary to an applicant for such assistance in full or in part because of the commission of a crime against the applicant, as determined by the Director, any amount of crime victim compensation that the applicant re- ceives through a crime victim compensation program under this section shall not be included in the income of the applicant until the total amount of assistance that the applicant receives from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime.’’ Subsec. (d)(3). Pub. L. 107–56, § 622(d)(1), struck out ‘‘crimes involving terrorism,’’ after ‘‘section 247 of title 18,’’. Subsec. (d)(4). Pub. L. 107–56, § 622(d)(2), inserted ‘‘the United States Virgin Islands,’’ after ‘‘the Common- wealth of Puerto Rico,’’. Subsec. (e). Pub. L. 107–56, § 622(e)(1), inserted ‘‘includ- ing the program established under title IV of Public Law 107–42,’’ after ‘‘Federal program,’’ in introductory provisions. 1996—Subsec. (b)(6)(B). Pub. L. 104–132, § 233(b), in- serted ‘‘are outside of the United States (if the compen- sable crime is terrorism, as defined in section 2331 of title 18), or’’ before ‘‘are States not having’’. Subsec. (b)(8), (9). Pub. L. 104–132, § 234(a)(1), added par. (8) and redesignated former par. (8) as (9). Subsec. (c). Pub. L. 104–132, § 234(b), added subsec. (c). Sub

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Page 428 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20103 1 See References in Text note below. Text read as follows: ‘‘Notwithstanding any other law, for the purpose of any maximum allowed income eligi- bility requirement in any Federal, State, or local gov- ernment program using Federal funds that provides medical or other assistance (or payment or reimburse- ment of the cost of such assistance) that becomes nec- essary to an applicant for such assistance in full or in part because of the commission of a crime against the applicant, as determined by the Director, any amount of crime victim compensation that the applicant re- ceives through a crime victim compensation program under this section shall not be included in the income of the applicant until the total amount of assistance that the applicant receives from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime.’’ Subsec. (d)(3). Pub. L. 107–56, § 622(d)(1), struck out ‘‘crimes involving terrorism,’’ after ‘‘section 247 of title 18,’’. Subsec. (d)(4). Pub. L. 107–56, § 622(d)(2), inserted ‘‘the United States Virgin Islands,’’ after ‘‘the Common- wealth of Puerto Rico,’’. Subsec. (e). Pub. L. 107–56, § 622(e)(1), inserted ‘‘includ- ing the program established under title IV of Public Law 107–42,’’ after ‘‘Federal program,’’ in introductory provisions. 1996—Subsec. (b)(6)(B). Pub. L. 104–132, § 233(b), in- serted ‘‘are outside of the United States (if the compen- sable crime is terrorism, as defined in section 2331 of title 18), or’’ before ‘‘are States not having’’. Subsec. (b)(8), (9). Pub. L. 104–132, § 234(a)(1), added par. (8) and redesignated former par. (8) as (9). Subsec. (c). Pub. L. 104–132, § 234(b), added subsec. (c). Subsec. (d)(3). Pub. L. 104–155 inserted ‘‘crimes, whose victims suffer death or personal injury, that are de- scribed in section 247 of title 18,’’ after ‘‘includes’’. Pub. L. 104–132, § 233(a), substituted ‘‘crimes involving terrorism, driving while intoxicated,’’ for ‘‘driving while intoxicated’’. 1994—Subsec. (a)(1). Pub. L. 103–322, § 230203(a), sub- stituted ‘‘Except as provided in paragraph (3), a grant’’ for ‘‘A grant’’ in last sentence. Subsec. (a)(3). Pub. L. 103–322, § 230203(b), added par. (3). Subsec. (b)(1). Pub. L. 103–322, § 330025(b), inserted be- fore semicolon at end ‘‘for—’’ and subpars. (A) to (C). Subsec. (e). Pub. L. 103–322, § 230202, added subsec. (e). 1988—Subsec. (a). Pub. L. 100–690, §§ 7123(b)(1), (2), 7125(b), substituted ‘‘Director’’ for ‘‘Attorney General’’ and ‘‘40 percent’’ for ‘‘35 percent’’ in pars. (1) and (2). Subsec. (b)(1). Pub. L. 100–690, § 7125(c)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘such program is operated by a State and of- fers compensation to victims of crime and survivors of victims of crime for— ‘‘(A) medical expenses attributable to a physical in- jury resulting from compensable crime, including ex- penses for mental health counseling and care; ‘‘(B) loss of wages attributable to a physical injury resulting from a compensable crime; and ‘‘(C) funeral expenses attributable to a death result- ing from a compensable crime;’’. Subsec. (b)(5). Pub. L. 100–690, § 7125(d), amended par. (5) generally. Prior to amendment, par. (5) read as fol- lows: ‘‘such program provides compensation to victims of crimes occurring within such State that would be compensable crimes, but for the fact that such crimes are subject to Federal jurisdiction, on the same basis that such program provides compensation to victims of compensable crimes; and’’. Subsec. (b)(6), (7). Pub. L. 100–690, § 7125(a)(1), added pars. (6) and (7). Former par. (6) redesignated (8). Subsec. (b)(8). Pub. L. 100–690, §§ 7123(b)(3), 7125(a)(2), redesignated par. (6) as (8) and substituted ‘‘Director’’ for ‘‘Attorney General’’. Subsec. (c). Pub. L. 100–690, § 7125(e), struck out sub- sec. (c) which read as follows: ‘‘A State crime victim compensation program in effect on the date grants may first be made under this section shall be deemed an eli- gible crime victim compensation program for the pur- poses of this section until the day after the close of the first regular session of the legislature of that State that begins after such date.’’ Subsec. (d)(1). Pub. L. 100–690, § 7126(a), inserted ref- erence to eyeglasses or other corrective lenses. Subsec. (d)(2). Pub. L. 100–690, § 7126(b), inserted ref- erence to eyeglasses or other corrective lenses and in- serted comma after ‘‘prosthetic devices’’. Subsec. (d)(3). Pub. L. 100–690, § 7125(c)(2), inserted ref- erence to driving while intoxicated and domestic vio- lence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–132, title II, § 233(d), Apr. 24, 1996, 110 Stat. 1245, as amended by Pub. L. 105–119, title I, § 120, Nov. 26, 1997, 111 Stat. 2468, provided that: ‘‘This section [amending this section] and the amendments made by this section shall take effect October 1, 1999.’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–690 not applicable with re- spect to a State compensation program that was an eli- gible 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. APPLICATION OF AMENDMENT BY SECTION 234(a)(1) OF PUB. L. 104–132 Pub. L. 104–132, title II, § 234(a)(2), Apr. 24, 1996, 110 Stat. 1245, provided that: ‘‘Section 1403(b)(8) of the Vic- tims of Crime Act of 1984 [34 U.S.C. 20102(b)(8)], as added by paragraph (1) of this section, shall not be applied to deny victims compensation to any person until the date on which the Attorney General, in consultation with the Director of the Administrative Office of the United States Courts, issues a written determination that a cost-effective, readily available criminal debt payment tracking system operated by the agency re- sponsible for the collection of criminal debt has estab- lished cost-effective, readily available communications links with entities that administer Federal victim compensation programs that are sufficient to ensure that victim compensation is not denied to any person except as authorized by law.’’ § 20103. Crime victim assistance (a) Grant authority of Director; chief executive of States; amount; insufficient funds (1) Subject to the availability of money in the Fund, the Director shall make an annual grant from any portion of the Fund made available by section 20101(d)(2) 1 of this title for the purpose of grants under this subsection, or for the pur- pose of grants under section 20102 of this title but not used for that purpose, to the chief execu- tive of each State for the financial support of el- igible crime victim assistance programs. (2) Such chief executive shall— (A) certify that priority shall be given to eli- gible crime victim assistance programs pro- viding assistance to victims of sexual assault, spousal abuse, or child abuse; (B) certify that funds shall be made avail- able for grants to programs which serve pre- Page 429 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20103 viously underserved populations of victims of violent crime. The Director, after consultation with State and local officials and representa- tives from private organizations, shall issue guidelines to implement this section that pro- vide flexibility to the States in determining the populations of victims of violent crimes that may be underserved in their respective States; (C) certify that funds awarded to eligible crime victim assistance programs will not be used to supplant State and local funds other- wise available for crime victim assistance; and (D) provide such other information and as- surances related to the purposes of this sec- tion as the Director may reasonably require. (3) The amounts of grants under paragraph (1) shall be— (A) the base amount to each State; and (B) that portion of the then remaining avail- able money to each State that results from a distribution among the States on the basis of each State’s population in relation to the pop- ulation of all States. (4) If the amount available for grants under paragraph (1) is insufficient to provide the base amount to each State, the funds available shall be distributed equally among the States. (5) As used in this subsection, the term ‘‘base amount’’ means— (A) except as provided in subparagraph (B), $500,000; and (B) for the territories of the Northern Mar- iana Islands, Guam, American Samoa, and the Republic of Palau, $200,000, with the Republic of Palau’s share governed by the Compact of Free Association between the United States and the Republic of Palau. (6) An agency of the Federal Government per- forming local law enforcement functions in and on behalf of the District of Columbia, the Com- monwealth of Puerto Rico, the United States Virgin Islands, or any other territory or posses- sion of the United States may qualify as an eli- gible crime victim assistance program for the purpose of grants under this subsection, or for the purpose of grants under subsection (c)(1). (7)(A) Each chief executive may waive a matching requirement imposed by the Director, in accordance with subparagraph (B), as a condi- tion for the receipt of funds under any program to provide assistance to victims of crimes au- thorized under this subchapter. The chief execu- tive shall report to the Director the approval of any waiver of the matching requirement. (B) Each chief executive shall establish and make public, a policy including— (i) the manner in which an eligible crime victim assistance program can request a match waiver; (ii) the criteria used to determine eligibility of the match waiver; and (iii) the process for decision making and no- tifying the eligible crime victim assistance program of the decision. (8) Beginning on the date a national emer- gency is declared under the National Emer- gencies Act (50 U.S.C. 1601 et seq.) with respect to a pandemic and ending on the date that is one year after the date of the end of such national emergency, each chief executive shall issue waivers for any matching requirement, in its en- tirety, for all eligible crime victim assistance programs contracted to provide services at that time. (b) Eligibility of program; factors; limitation on expending of sums (1) A victim assistance program is an eligible crime victim assistance program for the pur- poses of this section if such program— (A) is operated by a public agency or a non- profit organization, or a combination of such agencies or organizations or of both such agen- cies and organizations, and provides services to victims of crime; (B) demonstrates— (i) a record of providing effective services to victims of crime and financial support from sources other than the Fund; or (ii) substantial financial support from sources other than the Fund; (C) utilizes volunteers in providing such services, unless and to the extent the chief ex- ecutive determines that compelling reasons exist to waive this requirement; (D) promotes within the community served coordinated public and private efforts to aid crime victims; (E) assists potential recipients in seeking crime victim compensation benefits; and (F) does not discriminate against victims be- cause they disagree with the way the State is prosecuting the criminal case. (2) Except as provided in paragraph (3), an eli- gible crime victim assistance program shall ex- pend sums received under subsection (a) only for providing services to victims of crime. (3) Not more than 5 percent of sums received under subsection (a) may be used for training purposes and the administration of the State crime victim assistance program receiving such sums. (c) Grants: purposes; distribution; duties of Di- rector; reimbursement by Director (1) The Director shall make grants— (A) for victim services, demonstration projects, program evaluation, compliance ef- forts, and training and technical assistance services to eligible crime victim assistance programs; (B) for the financial support of services to victims of Federal crime by eligible crime vic- tim assistance programs; and (C) for nonprofit neighborhood and commu- nity-based victim service organizations and coalitions to improve outreach and services to victims of crime. (2) Of the amount available for grants under this subsection— (A) not less than 50 percent shall be used for grants under paragraphs (1)(A) and (1)(C); (B) not more than 50 percent shall be used for grants under paragraph (1)(B); and (C) not more than $10,000 shall be used for any single grant under paragraph (1)(C). (3) The Director shall— (A) be responsible for monitoring compliance with guidelines for fair treatment of crime Page 430 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20103 victims and witnesses issued under section 6 of the Victim and Witness Protection Act of 1982 (Public Law 97–291) [18 U.S.C. 1512 note]; (B) consult with the heads of Federal law en- forcement agencies that have responsibilities affecting victims of Federal crimes; (C) coordinate victim services provided by the Federal Government with victim services offered by other public agencies and nonprofit organizations; (D) perform such other functions related to the purposes of this title 1 as the Director deems appropriate; and (E) use funds made available to the Director under this subsection— (i) for fellowships and clinical internships and for grants under subparagraphs (1)(A) and (B), pursuant to rules or guidelines that generally establish a publicly-announced, competitive process; and (ii) to carry out programs of training and special workshops for the presentation and dissemination of information resulting from demonstrations, surveys, and special projects. (4) The Director may reimburse other instru- mentalities of the Federal Government and con- tract for the performance of functions author- ized under this subsection. (d) Definitions As used in this section— (1) the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and any other territory or possession of the United States; and (2) the term ‘‘services to victims of crime’’ includes— (A) crises intervention services; (B) providing, in an emergency, transpor- tation to court, short-term child care serv- ices, and temporary housing and security measures; (C) assistance in participating in criminal justice proceedings; and (D) payment of all reasonable costs for a forensic medical examination of a crime vic- tim, to the extent that such costs are other- wise not reimbursed or paid; (3) the term ‘‘services to victims of Federal crime’’ means services to victims of crime with respect to Federal crime, and includes— (A) training of law enforcement personnel in the delivery of services to victims of Fed- eral crime; (B) preparation, publication, and distribu- tion of informational materials— (i) setting forth services offered to vic- tims of crime; and (ii) concerning services to victims of Federal crime for use by Federal law en- forcement personnel; and (C) salaries of personnel who provide serv- ices to victims of crime, to the extent that such personnel provide such services; (4) the term ‘‘crises intervention services’’ means counseling to provide emotional sup- port in crises arising from the occurrence of crime; and (5) the term ‘‘chief executive’’ includes a person designated by a chief executive to per- form the functions of the chief executive under this section. (Pub. L. 98–473, title II, § 1404, Oct. 12, 1984, 98 Stat. 2172; Pub. L. 99–401, title I, § 102(b)(4), (5), Aug. 27, 1986, 100 Stat. 905; Pub. L. 99–646, § 71, Nov. 10, 1986, 100 Stat. 3617; Pub. L. 100–690, title VII, §§ 7122, 7123(b)(4)–(9), 7127, 7128, title IX, § 9306(a), Nov. 18, 1988, 102 Stat. 4420, 4421, 4423, 4537; Pub. L. 103–317, title I, § 112, Aug. 26, 1994, 108 Stat. 1736; Pub. L. 103–322, title XXIII, §§ 230204, 230205, 230208, Sept. 13, 1994, 108 Stat. 2080; Pub. L. 104–132, title II, § 232(c)(2), Apr. 24, 1996, 110 Stat. 1244; Pub. L. 107–56, title VI, § 623, Oct. 26, 2001, 115 Stat. 372; Pub. L. 109–162, title XI, §§ 1131, 1133(b), Jan. 5, 2006, 119 Stat. 3107, 3108; Pub. L. 111–8, div. B, title II, Mar. 11, 2009, 123 Stat. 579; Pub. L. 114–324, § 17(a), Dec. 16, 2016, 130 Stat. 1962; Pub. L. 117–27, § 3, July 22, 2021, 135 Stat. 302.) Editorial Notes REFERENCES IN TEXT Section 20101(d)(2) of this title, referred to in subsec. (a)(1), was repealed and a new section 20101(d)(2) was added by Pub. L. 103–322, title XXIII, § 230201(a)(1), Sept. 13, 1994, 108 Stat. 2079. The new section 20101(d)(2) does not contain provisions relating to availability of Fund money for grants under this section or section 20102 of this title. See section 20101(d)(4) of this title. The National Emergencies Act, referred to in subsec. (a)(8), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For com- plete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Ta- bles. This title, referred to in subsec. (c)(3)(D), means title II of Pub. L. 98–473, Oct. 12, 1984, 98 Stat. 1976, known as the Comprehensive Crime Control Act of 1984. For com- plete classification of title II to the Code, see Short Title of 1984 Amendment note set out under section 1 of Title 18, Crimes and Criminal Procedure, and Tables. CODIFICATION Section was formerly classified to section 10603 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 2021—Subsec. (a)(7). Pub. L. 117–27, § 3(a), added par. (7). Subsec. (a)(8). Pub. L. 117–27, § 3(b), added par. (8). 2016—Subsec. (c)(1)(A). Pub. L. 114–324 inserted ‘‘vic- tim services,’’ before ‘‘demonstration projects’’. 2009—Subsec. (c)(3)(E)(i). Pub. L. 111–8 inserted ‘‘and for grants under subparagraphs (1)(A) and (B), pursuant to rules or guidelines that generally establish a pub- licly-announced, competitive process’’ after ‘‘intern- ships’’. 2006—Subsec. (b)(3). Pub. L. 109–162, § 1133(b), inserted ‘‘training purposes and’’ after ‘‘may be used for’’. Subsec. (c)(1). Pub. L. 109–162, § 1131(1)(A), struck out comma after ‘‘Director’’ in introductory provisions. Subsec. (c)(1)(C). Pub. L. 109–162, § 1131(1)(B)–(D), added subpar. (C). Subsec. (c)(2)(A). Pub. L. 109–162, § 1131(2)(A)(i), sub- stituted ‘‘paragraphs (1)(A) and (1)(C)’’ for ‘‘paragraph (1)(A)’’. Subsec. (c)(2)(C). Pub. L. 109–162, § 1131(2)(A)(ii)–(2)(C), added subpar. (C). 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.

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

18 U.S.C. § 1512 — Tampering with a witness, victim, or an informant

**(a)** (1) Whoever kills or attempts to kill another person, with intent to— (A) prevent the attendance or testimony of any person in an official proceeding; (B) prevent the production of a record, document, or other object, in an official proceeding; or (C) prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings; (2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to— (A) influence, delay, or prevent the testimony of any person in an official proceeding; (B) cause or induce any person to— (i) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding; (iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (iv) be absent from an official proceeding to which that person has been summoned by legal process; or (C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3). (3) The punishment for an offense under this subsection is— (A) in the case of a killing, the punishment pro

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

18 U.S.C. § 1512 — Tampering with a witness, victim, or an

Page 392 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1511 2006—Subsec. (e). Pub. L. 109–177 added subsec. (e). 1996—Subsec. (b)(3)(B). Pub. L. 104–191 which directed the insertion of ‘‘or a Department of Justice subpoena (issued under section 3486 of title 18),’’ after ‘‘sub- poena’’, was executed by making the insertion after ‘‘subpoena’’ the second place it appeared to reflect the probable intent of Congress. 1994—Subsec. (a). Pub. L. 103–322, § 330016(1)(K), sub- stituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. Subsec. (d). Pub. L. 103–322, § 320604(c), added subsec. (d). 1992—Subsec. (b)(3)(B)(i). Pub. L. 102–550 substituted ‘‘1344, 1956, 1957, or chapter 53 of title 31’’ for ‘‘or 1344’’. 1989—Subsecs. (b), (c). Pub. L. 101–73 added subsec. (b) and redesignated former subsec. (b) as (c). 1982—Subsec. (a). Pub. L. 97–291 struck out ‘‘, misrepresentation, intimidation, or force or threats thereof’’ after ‘‘bribery’’, and struck out provision ap- plying the penalties provided by this subsection to whoever injured any person in his person or property on account of the giving by such person or any other person of any information relating to a violation of any criminal statute of the United States to any criminal investigator. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–291 effective Oct. 12, 1982, see section 9(a) of Pub. L. 97–291, set out as an Effective Date note under section 1512 of this title. § 1511. Obstruction of State or local law enforce- ment (a) It shall be unlawful for two or more per- sons to conspire to obstruct the enforcement of the criminal laws of a State or political subdivi- sion thereof, with the intent to facilitate an ille- gal gambling bus

Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 1512

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

34 U.S.C. § 20102 — Crime victim compensation

**(a) Authority of Director; grants** (1) Except as provided in paragraph (2), the Director shall make an annual grant from the Fund to an eligible crime victim compensation program of 75 percent of the amounts awarded during the preceding fiscal year, other than amounts awarded for property damage. Except as provided in paragraph (4), a grant under this section shall be used by such program only for awards of compensation. (2) If the sums available in the Fund for grants under this section are insufficient to provide grants as provided in paragraph (1), the Director shall make, from the sums available, a grant to each eligible crime victim compensation program so that all such programs receive the same percentage of the amounts awarded by such program during the preceding fiscal year, other than amounts awarded for property damage. (3) For the purposes of calculating amounts awarded in the previous fiscal year under this subsection, the Director shall not require eligible crime victim compensation programs to deduct recovery costs or collections from restitution or from subrogation for payment under a civil lawsuit. (4) Not more than 5 percent of a grant made under this section may be used for training purposes and the administration of the State crime victim compensation program receiving the grant. **(b) Eligible crime victim compensation programs** A crime victim compensation program is an eligible crime victim compensation program for the purposes of this section if— (1) such program is operated by a State and offers compensation to victims and survivors of victims of criminal violence, including drunk driving and domestic violence for— (A) medical expenses attributable to a physical injury resulting from compensable crime, including expenses for mental he

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

34 U.S.C. § 20102 — Crime victim compensation

Page 426 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20102 Pub. L. 108–7, div. B, title VI, § 617, Feb. 20, 2003, 117 Stat. 102. Pub. L. 107–77, title VI, § 619, Nov. 28, 2001, 115 Stat. 802. Pub. L. 106–553, § 1(a)(2) [title VI, § 619], Dec. 21, 2000, 114 Stat. 2762, 2762A–107. Pub. L. 106–113, div. B, § 1000(a)(1) [title VI, § 620], Nov. 29, 1999, 113 Stat. 1535, 1501A–55. INTERACTION WITH ANY CAP Pub. L. 106–177, title I, § 104(b), Mar. 10, 2000, 114 Stat. 36, provided that: ‘‘Subsection (a) [amending this sec- tion] shall be implemented so that any increase in funding provided thereby shall operate notwithstanding any dollar limitation on the availability of the Crime Victims Fund established under the Victims of Crime Act of 1984 [34 U.S.C. 20101 et seq.].’’ TRANSFER OF CERTAIN UNOBLIGATED FUNDS Pub. L. 105–119, title I, § 109(b), Nov. 26, 1997, 111 Stat. 2457, provided that: ‘‘Any unobligated sums hitherto available to the judicial branch pursuant to the para- graph repealed by subsection (a) [former 34 U.S.C. 20101(d)(1)] shall be deemed to be deposits into the Crime Victims Fund as of the effective date hereof [Nov. 26, 1997] and may be used by the Director of the Office for Victims of Crime to improve services for the benefit of crime victims, including the processing and tracking of criminal monetary penalties and related litigation activities, in the Federal criminal justice system.’’ RETROACTIVE TRANSFER TO FUND Pub. L. 100–690, title VII, § 7130, Nov. 18, 1988, 102 Stat. 4423, provided that: ‘‘An amount equivalent to those sums which would have been placed in the Fund under section 1402(b) of the Victims of Crime Act [34 U.S.C. 20101(b)], but for the effect of section 1402(c)(2) of such Act, is hereby transferred to the Fund

Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 20102

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

34 U.S.C. § 20103 — Crime victim assistance

**(a) Grant authority of Director; chief executive of States; amount; insufficient funds** (1) Subject to the availability of money in the Fund, the Director shall make an annual grant from any portion of the Fund made available by section 20101(d)(2) 11 See References in Text note below. of this title for the purpose of grants under this subsection, or for the purpose of grants under [section 20102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20102&num=0&edition=prelim) but not used for that purpose, to the chief executive of each State for the financial support of eligible crime victim assistance programs. (2) Such chief executive shall— (A) certify that priority shall be given to eligible crime victim assistance programs providing assistance to victims of sexual assault, spousal abuse, or child abuse; (B) certify that funds shall be made available for grants to programs which serve previously underserved populations of victims of violent crime. The Director, after consultation with State and local officials and representatives from private organizations, shall issue guidelines to implement this section that provide flexibility to the States in determining the populations of victims of violent crimes that may be underserved in their respective States; (C) certify that funds awarded to eligible crime victim assistance programs will not be used to supplant State and local funds otherwise available for crime victim assistance; and (D) provide such other information and assurances related to the purposes of this section as the Director may reasonably require. (3) The amounts of grants under paragraph (1) shall be— (A) the base amount to each State; and (B) that portion of the then remaining available money

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

50 U.S.C. § 1601 — Termination of existing declared emergencies

**(a)** All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim), as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect— (1) any action taken or proceeding pending not finally concluded or determined on such date; (2) any action or proceeding based on any act committed prior to such date; or (3) any rights or duties that matured or penalties that were incurred prior to such date. **(b)** For the purpose of this section, the words “any national emergency in effect” means a general declaration of emergency made by the President.

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

50 U.S.C. § 1601 — Termination of existing declared emer-

Page 143 TITLE 50—WAR AND NATIONAL DEFENSE § 1601 nent involvement in hostilities is clearly indi- cated by the circumstances, against any coun- try, organization, or person pursuant to statu- tory or constitutional authorities other than Authorization for Use of Military Force, the President shall comply with the reporting re- quirements under— (1) this section to the same extent and in the same manner as if such actions had been taken under Authorization for Use of Military Force; (2) the War Powers Resolution (50 U.S.C. 1541 et seq.); and (3) any other applicable provision of law. (e) Briefings At least once during each 180-day period de- scribed in subsection (a), the President shall provide to the congressional defense commit- tees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a briefing on the matters covered by the report required under this section for such period. (Pub. L. 116–92, div. A, title XII, § 1285, Dec. 20, 2019, 133 Stat. 1709.) Editorial Notes REFERENCES IN TEXT The Authorization for Use of Military Force, referred to in text, is Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224, which is set out as a note under section 1541 of this title. The War Powers Resolution, referred to in subsec. (d)(2), is Pub. L. 93–148, Nov. 7, 1973, 87 Stat. 555, which is classified generally to this chapter. For complete classification of this Resolution to the Code, see Short Title note set out under section 1541 of this title and Tables. CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the War Powers Resolution which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘CONGRESSI

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1601

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