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

Page 432 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20105 1 So in original. Probably should be preceded by ‘‘section’’. AMENDMENTS 1996—Pub. L. 104–235 substituted ‘‘section 10601(d)(2) of this title’’ for ‘‘section 10601(d)(2)(D) and (d)(3) of this title.’’ and ‘‘section 5106c’’ for ‘‘section 5103(d)’’. 1993—Pub. L. 103–121 substituted ‘‘section 10601(d)(2)(D) and (d)(3) of this title.’’ for ‘‘section 10601(d)(2) of this title’’. § 20105. Compensation and assistance to victims of terrorism or mass violence (a) Victims of acts of terrorism outside the United States (1) In general The Director may make supplemental grants as provided in 20101(d)(5) 1 of this title to States, victim service organizations, and pub- lic agencies (including Federal, State, or local governments) and nongovernmental organiza- tions that provide assistance to victims of crime, which shall be used to provide emer- gency relief, including crisis response efforts, assistance, training, and technical assistance, and ongoing assistance, including during any investigation or prosecution, to victims of ter- rorist acts or mass violence occurring outside the United States. (2) Victim defined In this subsection, the term ‘‘victim’’— (A) means a person who is a national of the United States or an officer or employee of the United States Government who is in- jured or killed as a result of a terrorist act or mass violence occurring outside the United States; and (B) in the case of a person described in sub- paragraph (A) who is less than 18 years of age, incompetent, incapacitated, or de- ceased, includes a family member or legal guardian of that person. (3) Rule of construction Nothing in this subsection shall be con- strued to allow the Director to make grants to 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. Page 433 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20107 (2) National of the United States The term ‘‘national of the United States’’ has the meaning given the term in section 1101(a) of title 8. (3) Victim (A) In general The term ‘‘victim’’ means a person who— (i) suffered direct physical or emotional injury or death as a result of international terrorism occurring on or after October 23, 1983, with respect to which an investiga- tion or civil or criminal prosecution was ongoing after April 24, 1996; and (ii) as of the date on which the inter- national terrorism occurred, was a na- tional of the United States or an officer or employee of the United States Govern- ment. (B) Incompetent, incapacitated, or deceased victims In the case of a victim who is less than 18 years of age, incompetent, incapacitated, or deceased, a family member or legal guardian of the victim may receive the compensation under this section on behalf of the victim. (C) Exception Notwithstanding any other provision of this section, in no event shall an individual who is criminally culpable for the terrorist act or mass violence receive any compensa- tion under this section, either directly or on behalf of a victim. (b) Award of compensation The Director may use the emergency reserve referred to in section 20101(d)(5)(A) of this title to carry out a program to compensate victims of acts of international terrorism that occur out- side the United States for expenses associated with that victimization. The amount of com- pensation awarded to a victim under this sub- section shall be reduced by any amount that the victim received in connection with the same act of international terrorism under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986. (c) Annual report The Director shall annually submit to Con- gress a report on the status and activities of the program under this section, which report shall include— (1) an explanation of the procedures for fil- ing and processing of applications for com- pensation; (2) a description of the procedures and poli- cies instituted to promote public awareness about the program; (3) a complete statistical analysis of the vic- tims assisted under the program, including— (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 average length of time to process an application for compensation; and (E) the number of applications for com- pensation pending and the estimated future liability of the program; and (4) an analysis of future program needs and suggested program improvements. (Pub. L. 98–473, title II, § 1404C, as added Pub. L. 106–386, div. C, § 2003(c)(1), Oct. 28, 2000, 114 Stat. 1544; amended Pub. L. 107–56, title VI, § 624(c), Oct. 26, 2001, 115 Stat. 373; Pub. L. 110–181, div. A, title X, § 1083(b)(4), Jan. 28, 2008, 122 Stat. 342.) Editorial Notes REFERENCES IN TEXT The Omnibus Diplomatic Security and Antiterrorism Act of 1986, referred to in subsec. (b), is Pub. L. 99–399, Aug. 27, 1986, 100 Stat. 853. Title VIII of the Act, known as the ‘‘Victims of Terrorism Compensation Act’’, en- acted sections 5569 and 5570 of Title 5, Government Or- ganization and Employees, sections 1051, 1095, and 2181 to 2185 of Title 10, Armed Forces, and sections 559 and 1013 of Title 37, Pay and Allowances of the Uniformed Services, amended section 6325 of Title 5, and enacted provisions set out as notes under section 5569 of Title 5, sections 1051, 1095, and 2181 of Title 10, and section 559 of Title 37. For complete classification of title VIII to the Code, see Short Title of 1986 Amendment note set out under section 5569 of Title 5 and Tables. CODIFICATION Section was formerly classified to section 10603c of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2008—Subsec. (a)(3)(A)(i). Pub. L. 110–181 substituted ‘‘October 23, 1983, with respect to which an investiga- tion or civil or criminal’’ for ‘‘December 21, 1988 with respect to which an investigation or’’. 2001—Subsec. (b). Pub. L. 107–56 inserted at end ‘‘The amount of compensation awarded to a victim under this subsection shall be reduced by any amount that the victim received in connection with the same act of international terrorism under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT For applicability of amendments by Pub. L. 110–181 to pending cases, see section 1083(c) of Pub. L. 110–181, set out as an Effective Date note under section 1605A of Title 28, Judiciary and Judicial Procedure. § 20107. Crime victims legal assistance grants (a) In general The Director may make grants as provided in section 20103(c)(1)(A) of this title to State, trib- al, and local prosecutors’ offices, law enforce- ment agencies, courts, jails, and correctional in- stitutions, and to qualified public and private entities, to develop, establish, and maintain pro- grams for the enforcement of crime victims’ rights as provided in law. (b) Prohibition Grant amounts under this section may not be used to bring a cause of action for damages. (c) False Claims Act Notwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31 (commonly known as the ‘‘False Claims Act’’) may be used for grants under this section, subject to appropriation. (Pub. L. 98–473, title II, § 1404D, as added Pub. L. 108–405, title I, § 103(a), Oct. 30, 2004, 118 Stat. 2264.)