18 U.S.C. § 3525 — Victims Compensation Fund

Page 792 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3525 1 See References in Text note below. Attorney General with respect to the implemen- tation of that court order, the Attorney General may bring an action in the district court for the district in which that parent resides to modify the court order. The court may modify the court order if the court finds such an intentional vio- lation. (3) The procedures for mediation and arbitra- tion provided under subsection (d) of this sec- tion shall not apply to actions for modification brought under this subsection. (f) In any case in which a person provided pro- tection under this chapter is the parent of a child of whom that person has custody and has obligations to another parent of that child con- cerning custody and visitation of that child which are not imposed by court order, that per- son, or the parent not relocated in connection with such protection, may bring an action in the district court of the district in which that par- ent not relocated resides to obtain an order pro- viding for custody or visitation, or both, of that child. In any such action, all the provisions of subsection (d) of this section shall apply. (g) In any case in which an action under this section involves court orders from different States with respect to custody or visitation of the same child, the court shall resolve any con- flicts by applying the rules of conflict of laws of the State in which the court is sitting. (h)(1) Subject to paragraph (2), the costs of any action described in subsection (d), (e), or (f) of this section shall be paid by the United States. (2) The Attorney General shall insure that any State court order in effect to which this section applies and any district court order in effect which is issued under this section are carried out. The Department of Justice shall pay all costs and fees described in subsections (c) and (d) of this section. (i) As used in this section, the term ‘‘parent’’ includes any person who stands in the place of a parent by law. (Added Pub. L. 98–473, title II, § 1208, Oct. 12, 1984, 98 Stat. 2159.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (d)(3), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1984, see section 1210 of Pub. L. 98–473, set out as a note under section 3521 of this title. § 3525. Victims Compensation Fund (a) The Attorney General may pay restitution to, or in the case of death, compensation for the death of any victim of a crime that causes or threatens death or serious bodily injury and that is committed by any person during a period in which that person is provided protection under this chapter. (b) Not later than four months after the end of each fiscal year, the Attorney General shall transmit to the Congress a detailed report on payments made under this section for such year. (c) There are authorized to be appropriated for the fiscal year 1985 and for each fiscal year thereafter, $1,000,000 for payments under this section. (d) The Attorney General shall establish guidelines and procedures for making payments under this section. The payments to victims under this section shall be made for the types of expenses provided for in section 3579(b) 1 of this title, except that in the case of the death of the victim, an amount not to exceed $50,000 may be paid to the victim’s estate. No payment may be made under this section to a victim unless the victim has sought restitution and compensation provided under Federal or State law or by civil action. Such payments may be made only to the extent the victim, or the victim’s estate, has not otherwise received restitution and com- pensation, including insurance payments, for the crime involved. Payments may be made under this section to victims of crimes occur- ring on or after the date of the enactment of this chapter.1 In the case of a crime occurring before the date of the enactment of this chap- ter,1 a payment may be made under this section only in the case of the death of the victim, and then only in an amount not exceeding $25,000, and such a payment may be made notwith- standing the requirements of the third sentence of this subsection. (e) Nothing in this section shall be construed to create a cause of action against the United States. (Added Pub. L. 98–473, title II, § 1208, Oct. 12, 1984, 98 Stat. 2162.) Editorial Notes REFERENCES IN TEXT Section 3579(b) of this title, referred to in subsec. (d), was renumbered section 3663(b) of this title by Pub. L. 98–473, title II, § 212(a)(1), Oct. 12, 1984, 98 Stat. 1987. The date of the enactment of this chapter, referred to in subsec. (d), is the date of enactment of Pub. L. 98–473, which was approved Oct. 12, 1984. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1984, see section 1210 of Pub. L. 98–473, set out as a note under section 3521 of this title. RESTITUTION TO ESTATE OF VICTIMS KILLED BEFORE OCTOBER 12, 1984; LIMITATION Pub. L. 99–180, title II, § 200, Dec. 13, 1985, 99 Stat. 1142, provided: ‘‘That restitution of not to exceed $25,000 shall be paid to the estate of victims killed before Octo- ber 12, 1984 as a result of crimes committed by persons who have been enrolled in the Federal witness protec- tion program, if such crimes were committed within two years after protection was terminated, notwith- standing any limitations contained in part (a) of sec- tion 3525 of title 18 of the United States Code.’’ SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation act: Pub. L. 99–88, title I, § 100, Aug. 15, 1985, 99 Stat. 303. Page 793 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3532 1 Editorially supplied. § 3526. Cooperation of other Federal agencies and State governments; reimbursement of ex- penses (a) Each Federal agency shall cooperate with the Attorney General in carrying out the provi- sions of this chapter and may provide, on a re- imbursable basis, such personnel and services as the Attorney General may request in carrying out those provisions. (b) In any case in which a State government requests the Attorney General to provide pro- tection to any person under this chapter— (1) the Attorney General may enter into an agreement with that State government in which that government agrees to reimburse the United States for expenses incurred in pro- viding protection to that person under this chapter; and (2) the Attorney General shall enter into an agreement with that State government in which that government agrees to cooperate with the Attorney General in carrying out the provisions of this chapter with respect to all persons. (Added Pub. L. 98–473, title II, § 1208, Oct. 12, 1984, 98 Stat. 2162.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1984, see section 1210 of Pub. L. 98–473, set out as a note under section 3521 of this title. § 3527. Additional authority of Attorney General The Attorney General may enter into such contracts or other agreements as may be nec- essary to carry out this chapter. Any such con- tract or agreement which would result in the United States being obligated to make outlays may be entered into only to the extent and in such amount as may be provided in advance in an appropriation Act. (Added Pub. L. 98–473, title II, § 1208, Oct. 12, 1984, 98 Stat. 2163.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1984, see section 1210 of Pub. L. 98–473, set out as a note under section 3521 of this title. § 3528. Definition For purposes of this chapter, the term ‘‘State’’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (Added Pub. L. 98–473, title II, § 1208, Oct. 12, 1984, 98 Stat. 2163.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1984, see section 1210 of Pub. L. 98–473, set out as a note under section 3521 of this title. CHAPTER 225—VERDICT Sec. 3531. Return; several defendants; conviction of less offense; poll of jury—Rule. 3532. Setting aside verdict of guilty; judgment not- withstanding verdict—Rule. § 3531. Return; several defendants; conviction of less offense; poll of jury—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Verdict to be unanimous; return; several defendants; disagreement; conviction of less offense; poll of jury, Rule 31. (June 25, 1948, ch. 645, 62 Stat. 837.) § 3532. Setting aside verdict of guilty; judgment notwithstanding verdict—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Setting aside verdict of guilty on motion for judg- ment of acquittal, entering of such judgment, or order- ing new trial; absence of verdict, Rule 29(b). (June 25, 1948, ch. 645, 62 Stat. 837.) CHAPTER 227—SENTENCES Subchapter Sec.1 A. General Provisions ............................. 3551 B. Probation .............................................. 3561 C. Fines ....................................................... 3571 D. Imprisonment ....................................... 3581 Editorial Notes PRIOR PROVISIONS A prior chapter 227 (§ 3561 et seq.) was repealed (ex- cept sections 3577 to 3580 which were renumbered sec- tions 3661 to 3664, respectively), by Pub. L. 98–473, title II, §§ 212(a)(1), (2), 235(a)(1), Oct. 12, 1984, 98 Stat. 1987, 2031, as amended, effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal. See Effective Date note set out under sec- tion 3551 of this title. Section 3561, act June 25, 1948, ch. 645, 62 Stat. 837, re- lated to judgment form and entry—(Rule). Section 3562, act June 25, 1948, ch. 645, 62 Stat. 837, re- lated to sentence—(Rule). Section 3563, act June 25, 1948, ch. 645, 62 Stat. 837, re- lated to corruption of blood or forfeiture of estate. Section 3564, act June 25, 1948, ch. 645, 62 Stat. 837, re- lated to pillory and whipping. Section 3565, acts June 25, 1948, ch. 645, 62 Stat. 837; Oct. 12, 1984, Pub. L. 98–473, title II, §§ 235(a)(1), 238(g)(1), (i), 98 Stat. 2031, 2039; Oct. 30, 1984, Pub. L. 98–596, §§ 2, 12(a)(7)(A), (9), (b), 98 Stat. 3134, 3139, 3140; Oct. 22, 1986, Pub. L. 99–514, § 2, 100 Stat. 2095, related to collection and payment of fines and penalties. Section 3566, act June 25, 1948, ch. 645, 62 Stat. 837, re- lated to execution of death sentence. Section 3567, act June 25, 1948, ch. 645, 62 Stat. 838, re- lated to death sentence may prescribe dissection. Section 3568, acts June 25, 1948, ch. 645, 62 Stat. 838; Sept. 2, 1960, Pub. L. 86–691, § 1(a), 74 Stat. 738; June 22, 1966, Pub. L. 89–465, § 4, 80 Stat. 217, related to effective date of sentence and credit for time in custody prior to the imposition of sentence. Section 3569, acts June 25, 1948, ch. 645, 62 Stat. 838; Oct. 17, 1968, Pub. L. 90–578, title III, § 301(a)(1), (3), 82 Stat. 1115; Oct. 12, 1984, Pub. L. 98–473, title II, §§ 235(a)(1), 238(h), (i), 98 Stat. 2031, 2039; Oct. 30, 1984, Pub. L. 98–596, §§ 3, 12(a)(8), (9), (b), 98 Stat. 3136, 3139, 3140, related to discharge of indigent prisoner. Section 3570, act June 25, 1948, ch. 645, 62 Stat. 839, re- lated to presidential remission as affecting unremitted part.