authorizing legislation

VICTIMS COMPENSATION AND ASSISTANCE ACT OF 1984
Pub. L. 98-473, Title II, Chapter XIV, as amended
[Amendments by Title I of "The Justice for All Act of 2004" and
"Violence Against Women and Department of Justice Reauthorization Act of 2005"]
Sec. 10601. Crime Victims Fund.
Sec. 10602. Crime victim compensation.
Sec. 10603. Crime victim assistance.
Sec. 10603a. Child abuse prevention and treatment grants.
Sec. 10603b. Compensation and assistance to victims of terrorism or mass violence.
Sec. 10603c. Compensation To Victims Of International Terrorism.
Sec. 10603d. Crime victims legal assistance grants.
Sec. 10603e. Crime victims notification grants.
Sec. 10604. Administrative provisions.
Sec. 10605. Establishment of Office for Victims of Crime.
Sec. 10607. Services to victims.
Sec. 10608. Closed circuit televised court proceedings for victims of crime.
Title 42 – The Public Health and Welfare
Chapter 112 – Victim Compensation and Assistance
Sec. 10601. Crime Victims Fund. [Section 1402]
(a) Establishment. There is created in the Treasury a separate account to be known as the Crime Victims
Fund (hereinafter in this chapter referred to as the ''Fund'').
(b) Fines deposited in Fund; penalties; forfeited appearance bonds. Except as limited by subsection (c)
of this section, there shall be deposited in the Fund (1) all fines that are collected from persons convicted of offenses against the United States
except (A) fines available for use by the Secretary of the Treasury pursuant to (i) section 11(d) of the Endangered Species Act (16 U.S.C. 1540(d)); and
(ii) section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)); and
(B) fines to be paid into (i) the railroad unemployment insurance account pursuant to the Railroad
Unemployment Insurance Act (45 U.S.C. 351 et seq.);
(ii) the Postal Service Fund pursuant to sections 2601(a)(2) and 2003 of title 39
and for the purposes set forth in section 404(a)(8) of title 39;
(iii) the navigable waters revolving fund pursuant to section 311 of the Federal
Water Pollution Control Act (33 U.S.C. 1321); and
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(iv) county public school funds pursuant to section 3613 of title 18;
(2) penalty assessments collected under section 3013 of title 18; [1]
(3) the proceeds of forfeited appearance bonds, bail bonds, and collateral collected under section
3146 of title 18; and
(4) any money ordered to be paid into the Fund under section 3671(c)(2) of title 18. [1]
[Recdified at 3681(c)(2) of Title 18].
(5) any gifts, bequests, or donations to the Fund from private entities or individuals, which the
Director is hereby authorized to accept for deposit into the Fund, except that the Director is not
hereby authorized to accept any such gift, bequest, or donation that—
(A) attaches conditions inconsistent with applicable laws or regulations; or
(B) is conditioned upon or would require the expenditure of appropriated funds that are
not available to the Office for Victims of Crime.
(c) Retention of sums in Fund; availability for expenditure without fiscal year limitation. Sums
deposited in the Fund shall remain in the Fund and be available for expenditure under this chapter for
grants under this chapter without fiscal year limitation. Notwithstanding section 1402(d)(5), all sums
deposited in the Fund in any fiscal year that are not made available for obligation by Congress in the
subsequent fiscal year shall remain in the Fund for obligation in future fiscal years, without fiscal year
limitation.
(d) Availability for judicial branch administrative costs; grant program percentages. The Fund shall be
available as follows:
(1) Repealed. Pub. L. 105-119, title I, Sec. 109(a)(1), Nov. 26, 1997, 111 Stat. 2457.
(2)(A) Except as provided in subparagraph (B), the first $10,000,000 deposited in the Fund shall
be available for grants under section 10603a of this title.
(B)(i) For any fiscal year for which the amount deposited in the Fund is greater than the
amount deposited in the Fund for fiscal year 1998, the $10,000,000 referred to in
subparagraph (A) plus an amount equal to 50 percent of the increase in the amount from
fiscal year 1998 shall be available for grants under section 1404A.
(ii) Amounts available under this subparagraph for any fiscal year shall not
exceed $20,000,000.
[Section (2) 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. Pub. L. 106-177]
(3) Of the sums remaining in the Fund in any particular fiscal year after compliance with
paragraph (2), such sums as may be necessary shall be available for the United States Attorneys
Offices and the Federal Bureau of Investigation to improve services for the benefit of crime
victims in the Federal criminal justice system and for a Victim Notification System.
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(4) Of the remaining amount to be distributed from the Fund in a particular fiscal year (A) 47.5 percent shall be available for grants under section 10602 of this title;
(B) 47.5 percent shall be available for grants under section 10603(a) of this title; and
(C) 5 percent shall be available for grants under section 10603(c) of this title.
(5)(A) In addition to the amounts distributed under paragraphs (2), (3), and (4), the Director may
set aside up to $50,000,000 from the amounts transferred to the Fund in response to the airplane
hijackings and terrorist acts that occurred on September 11, 2001, as an antiterrorism emergency
reserve. The Director may replenish any amounts [expended] obligated from such reserve in
subsequent fiscal years by setting aside up to 5 percent of the amounts remaining in the Fund in
any fiscal year after distributing amounts under paragraphs (2), (3) and (4). Such reserve shall
not exceed $50,000,000.
(B) The antiterrorism emergency reserve referred to in subparagraph (A) may be used for
supplemental grants under section 1404B (42 U.S.C. 10603b) and to provide
compensation to victims of international terrorism under section 1404C (42 U.S.C.
10603c).
(C) Amounts in the antiterrorism emergency reserve established pursuant to subparagraph
(A) may be carried over from fiscal year to fiscal year. Notwithstanding subsection (c)
and section 619 of the Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2001, (and any similar limitation on Fund
obligations in any future Act, unless the same should expressly refer to this section), any
such amounts carried over shall not be subject to any limitation on obligations from
amounts deposited to or available in the Fund.
(e) Amounts awarded and unspent. Any amount awarded as part of a grant under this chapter that
remains unspent at the end of a fiscal year in which the grant is made may be expended for the purpose
for which the grant is made at any time during the 3 succeeding fiscal years, at the end of which period,
any remaining unobligated sums shall be available for deposit into the emergency reserve fund referred
to in subsection (d)(5) at the discretion of the Director. Any remaining unobligated sums shall be
returned to the Fund.
(f) ''Offenses against the United States'' as excluding, as used in this section, the term ''offenses against
the United States'' does not include (1) a criminal violation of the Uniform Code of Military Justice (10 U.S.C. 801 et seq.);
(2) an offense against the laws of the District of Columbia; and
(3) an offense triable by an Indian tribal court or Court of Indian Offenses.
(g) Grants for Indian tribes; child abuse cases.
(1) The Attorney General [acting through the Director,] shall use 15 percent of the funds
available under subsection (d)(2) of this section to make grants for the purpose of assisting
Native American Indian tribes in developing, establishing, and operating programs designed to
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(A) the handling of child abuse cases, particularly cases of child sexual abuse, in a
manner which limits additional trauma to the child victim; and
(B) the investigation and prosecution of cases of child abuse, particularly child sexual
abuse.
(2) The Attorney General may use 5 percent of the funds available under subsection (d)(2) (prior
to distribution) for grants to Indian tribes to establish child victim assistance programs, as
appropriate.
(3) As used in this subsection, the term ''tribe'' has the meaning given that term in section 450b(b)
of Title 25.
Sec. 10602. Crime victim compensation. [Section 1403]
(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 40 percent in fiscal year 2002 and of 60
percent in subsequent fiscal years of the amounts awarded during the preceding fiscal year, other
than amounts awarded for property damage. Except as provided in paragraph (3), 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 of 40 percent in fiscal year 1002 and of 60 percent in subsequent fiscal years 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) 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 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 resulting from a compensable crime;

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(2) such program promotes victim cooperation with the reasonable requests of law enforcement
authorities;
(3) such State certifies that grants received under this section will not be used to supplant State
funds otherwise available to provide crime victim compensation;
(4) such program, as to compensable crimes occurring within the State, makes compensation
awards to victims who are nonresidents of the State on the basis of the same criteria used to
make awards to victims who are residents of such State;
(5) such program provides compensation to victims of Federal crimes occurring within the State
on the same basis that such program provides compensation to victims of State crimes;
(6) such program provides compensation to residents of the State who are victims of crimes
occurring outside the State if (A) the crimes would be compensable crimes had they occurred inside that State; and
(B) the places the crimes occurred in are States not having eligible crime victim
compensation programs;
(7) such program does not, except pursuant to rules issued by the program to prevent unjust
enrichment of the offender, deny compensation to any victim because of that victim's familial
relationship to the offender, or because of the sharing of a residence by the victim and the
offender;
(8) such program does not provide compensation to any person who has been convicted of an
offense under Federal law with respect to any time period during which the person is delinquent
in paying a fine, other monetary penalty, or restitution imposed for the offense; and
(9) such program provides such other information and assurances related to the purposes of this
section as the Director may reasonably require.
(c) Exclusion From Income, Resources, and Assets for Purposes of Means Tests.—Notwithstanding any
other law, for the purposes of any maximum allowed income, resource, or asset eligibility requirement
in any Federal, State, or local government program using Federal funds that provides medical or other
assistance (or payment or reimbursement of the cost of such assistance), any amount of crime victim
compensation that the applicant receives through a crime victim compensation program under this
section shall not be included in the income, resources, or assets of the applicant, nor shall that amount
reduce the amount of the assistance available to the applicant from Federal, State, or local government
programs using Federal funds, unless 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.
(d) Definitions. As used in this section (1) the term ''property damage'' does not include damage to prosthetic devices, eyeglasses or
other corrective lenses, or dental devices;
(2) the term ''medical expenses'' includes, to the extent provided under the eligible crime victim
compensation program, expenses for eyeglasses or other corrective lenses, for dental services
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and devices and prosthetic devices, and for services rendered in accordance with a method of
healing recognized by the law of the State;
(3) the term ''compensable crime'' means a crime the victims of which are eligible for
compensation under the eligible crime victim compensation program, and includes crimes,
whose victims suffer death or personal injury, that are described in section 247 of title 18,
driving while intoxicated, and domestic violence; and
(4) the term ''State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, and any other possession or territory of the United States.
(e) Relationship to certain Federal programs. Notwithstanding any other law, if the compensation paid
by an eligible crime victim compensation program would cover costs that a Federal program, including
the program established under title IV of Public Law 107-42, or a federally financed State or local
program, would otherwise pay, (1) such crime victim compensation program shall not pay that compensation; and
(2) the other program shall make its payments without regard to the existence of the crime victim
compensation program.
Sec. 10603. Crime victim assistance. [Section 1404]
(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 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, 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 6

(A) the base amount to each State; and
(B) that portion of the then remaining available money to each State that results from a
distribution among the States on the basis of each State's population in relation to the
population 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 Mariana 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 performing local law enforcement functions in and on
behalf of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin
Islands, or any other terriroty or possession of the Unites States may qualify as an eligible crime
victim assistance program for the purpose of grants under this subsection, or for the purpose of
grants under subsection (c)(1).
(b) Eligibility of program; factors; limitation on expending of sums
(1) A victim assistance program is an eligible crime victim assistance program for the purposes
of this section if such program (A) is operated by a public agency or a nonprofit organization, or a combination of such
agencies or organizations or of both such agencies 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
executive 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 because they disagree with the way the State is
prosecuting the criminal case.
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(2) Except as provided in paragraph (3), an eligible crime victim assistance program shall expend
sums received under subsection (a) of this section only for providing services to victims of
crime.
(3) Not more than 5 percent of sums received under subsection (a) of this section 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 Director; reimbursement by Director
(1) The Director, shall make grants –
So in original. The comma probably should not appear.
(A) for demonstration projects, program evaluation, compliance efforts, and training and
technical assistance services to eligible crime victim assistance programs; and
(B) for the financial support of services to victims of Federal crime by eligible crime
victim assistance programs.
(2) Of the amount available for grants under this subsection (A) not less than 50 percent shall be used for grants under paragraph (1)(A); and
(B) not more than 50 percent shall be used for grants under paragraph (1)(B).
(3) The Director shall (A) be responsible for monitoring compliance with guidelines for fair treatment of crime
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 enforcement 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 as the Director
deems appropriate; and
(E) use funds made available to the Director under this subsection—
(i) for fellowships and clinical internships; 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 instrumentalities of the Federal Government and contract
for the performance of functions authorized under this subsection.
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(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, transportation to court, short-term child care services,
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 victim,
to the extent that such costs are otherwise 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
Federal crime;
(B) preparation, publication, and distribution of informational materials (i) setting forth services offered to victims of crime; and
(ii) concerning services to victims of Federal crime for use by Federal law
enforcement personnel; and
(C) salaries of personnel who provide services to victims of crime, to the extent that such
personnel provide such services;
(4) the term ''crises intervention services'' means counseling to provide emotional support in
crises arising from the occurrence of crime; and
(5) the term ''chief executive'' includes a person designated by a chief executive to perform the
functions of the chief executive under this section.
Sec. 10603a. Child abuse prevention and treatment grants. [Section 1404A]
Amounts made available by section 10601(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 of this title. 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 reallocated for award under section 10603(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 unobligated portion of such amount shall remain available for obligation until September 30, 1988.
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Sec. 10603b. Compensation and assistance to victims of terrorism or mass violence. [Section 1404B]
(a) VICTIMS OF ACTS OF TERRORISM OUTSIDE UNITED STATES(1) IN GENERAL- The Director may make supplemental grants as provided in 1402(d)(5) to
States, victim service organizations, and public agencies (including Federal, State, or local
governments) and nongovernmental organizations that provide assistance to victims of crime,
which shall be used to provide emergency relief, including crisis response efforts, assistance,
training, and technical assistance, and ongoing assistance, including during any investigation or
prosecution, to victims of terrorist 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 injured 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 subparagraph (A) who is less than 18 years of
age, incompetent, incapacitated, or deceased, includes a family member or legal guardian
of that person.
(3) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to allow the
Director to make grants to any foreign power (as defined by section 101(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)) or to any domestic or foreign
organization operated for the purpose of engaging in any significant political or lobbying
activities.
(b) VICTIMS OF TERRORISM WITHIN THE UNITED STATES.—The Director may make
supplemental grants as provided in sections 1402(d)(5) to States for eligible crime victim compensation
and assistance programs, and to victim service organizations, public agencies (including Federal, State,
or local governments) and non-governmental organizations that provide assistance to victims of crime,
which shall be used to provide emergency relief, including crisis response efforts, assistance,
compensation, training and technical assistance, and ongoing assistance, including during any
investigation or prosecution, to victims of terrorist acts or mass violence occurring within the United
States.
Sec. 10603c. Compensation To Victims Of International Terrorism. [Section 1404C]
(a) DEFINITIONS- In this section:
(1) INTERNATIONAL TERRORISM- The term `international terrorism' has the meaning given
the term in section 2331 of title 18, United States Code.
(2) NATIONAL OF THE UNITED STATES- The term `national of the United States' has the
meaning given the term in section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)).
(3) VICTIM(A) IN GENERAL- The term `victim' means a person who—
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(i) suffered direct physical or emotional injury or death as a result of international
terrorism occurring on or after December 21, 1988 with respect to which an
investigation or prosecution was ongoing after April 24, 1996; and
(ii) as of the date on which the international terrorism occurred, was a national of
the United States or an officer or employee of the United States Government.
(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
compensation 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
1402(d)(5)(A) to carry out a program to compensate victims of acts of international terrorism that occur
outside the United States for expenses associated with that victimization. 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.
(c) ANNUAL REPORT- The Director shall annually submit to Congress a report on the status and
activities of the program under this section, which report shall include-(1) an explanation of the procedures for filing and processing of applications for compensation;
(2) a description of the procedures and policies instituted to promote public awareness about the
program;
(3) a complete statistical analysis of the victims assisted under the program, including-(A) the number of applications for compensation 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 compensation pending and the estimated future
liability of the program; and
(4) an analysis of future program needs and suggested program improvements.'.
Sec. 10603d. Crime victims legal assistance grants. [Section 1404D]
(a) IN GENERAL.—The Director may make grants as provided in section 1404(c)(1)(A) to State, tribal,
and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and
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to qualified public and private entities, to develop, establish, and maintain programs 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, United States Code (commonly known as the ‘False Claims
Act’), may be used for grants under this section, subject to appropriation.’’.
[AUTHORIZATION OF APPROPRIATIONS.—In addition to funds made available under section
1402(d) of the Victims of Crime Act of 1984, there are authorized to be appropriated to carry out this
title—
(1) $2,000,000 for fiscal year 2005 and $5,000,000 for each of fiscal years 2006, 2007, 2008, and
2009 to United States Attorneys Offices for Victim/Witnesses Assistance Programs;
(2) $2,000,000 for fiscal year 2005 and $5,000,000 in each of the fiscal years 2006, 2007, 2008,
and 2009, to the Office for Victims of Crime of the Department of Justice for enhancement of the
Victim Notification System;
(3) $300,000 in fiscal year 2005 and $500,000 for each of the fiscal years 2006, 2007, 2008, and
2009, to the Office for Victims of Crime of the Department of Justice for staff to administer the
appropriation for the support of organizations as designated under paragraph (4);
(4) $7,000,000 for fiscal year 2005 and $11,000,000 for each of the fiscal years 2006, 2007,
2008, and 2009, to the Office for Victims of Crime of the Department of Justice, for the support
of organizations that provide legal counsel and support services for victims in criminal cases for
the enforcement of crime victims’ rights in Federal jurisdictions, and in States and tribal
governments that have laws substantially equivalent to the provisions of chapter 237 of title 18,
United States Code; and
(5) $5,000,000 for fiscal year 2005 and $7,000,000 for each of fiscal years 2006, 2007, 2008, and
2009, to the Office for Victims of Crime of the Department of Justice, for the support of—
(A) training and technical assistance to States and tribal jurisdictions to craft state-of-theart victims’ rights laws; and
(B) training and technical assistance to States and tribal jurisdictions to design a variety
of compliance systems, which shall include an evaluation component.]
Sec. 10603e. Crime victims notification grants. [Section 1404E]
(a) IN GENERAL.—The Director may make grants as provided in section 1404(c)(1)(A) to State, tribal,
and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and
to qualified public or private entities, to develop and implement state-of-the-art systems for notifying
victims of crime of important dates and developments relating to the criminal proceedings at issue in a
timely and efficient manner, provided that the jurisdiction has laws substantially equivalent to the
provisions of chapter 237 of title 18, United States Code.

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(b) INTEGRATION OF SYSTEMS.—Systems developed and implemented under this section may be
integrated with existing case management systems operated by the recipient of the grant.
(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to funds made available under section
1402(d), there are authorized to be appropriated to carry out this section—
(1) $5,000,000 for fiscal year 2005; and
(2) $5,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009.
(d) FALSE CLAIMS ACT.—Notwithstanding any other provision of law, amounts collected pursuant to
sections 3729 through 3731 of title 31, United States Code (commonly known as the ‘False Claims
Act’), may be used for grants under this section, subject to appropriation.
Sec. 10604. Administrative provisions. [Section 1405]
(a) Authority of Director to establish rules and regulations. The Director may establish such rules,
regulations, guidelines, and procedures as are necessary to carry out any function of the Director under
this chapter.
(b) Recordkeeping. Each recipient of sums under this chapter shall keep such records as the Director
shall prescribe, including records that fully disclose the amount and disposition by such recipient of such
sums, the total cost of the undertaking for which such sums are used, and that portion of the cost of the
undertaking supplied by other sources, and such other records as will facilitate an effective audit.
(c) Access of Director to books and records for purpose of audit and examination. The Director shall
have access, for purpose of audit and examination, to any books, documents, papers, and records of the
recipient of sums under this chapter that, in the opinion of the Director, may be related to the
expenditure of funds received under this chapter.
(d) Revealing research or statistical information; prohibition; immunity from legal proceedings;
permission; admission of information as evidence. Except as otherwise provided by Federal law, no
officer or employee of the Federal Government, and no recipient of sums under this chapter, shall use or
reveal any research or statistical information furnished under this chapter by any person and identifiable
to any specific private person for any purpose other than the purpose for which such information was
obtained in accordance with this chapter. Such information, and any copy of such information, shall be
immune from legal process and shall not, without the consent of the person furnishing such information,
be admitted as evidence or used for any purpose in any action, suit, or other judicial, legislative, or
administrative proceeding.
(e) Discrimination prohibited. No person shall on the ground of race, color, religion, national origin,
handicap, or sex be excluded from participation in, denied the benefits of, subjected to discrimination
under, or denied employment in connection with, any undertaking funded in whole or in part with sums
made available under this chapter.
(f) Failure to comply with provisions; notice and hearing; power of Director. If, after reasonable notice
and opportunity for a hearing on the record, the Director finds that a State has failed to comply
substantially with any provision of this chapter or a rule, regulation, guideline, or procedure issued under
this chapter, or an application submitted in accordance with this chapter or the provisions of any other
applicable law, the Director shall 13

(1) terminate payments to such State;
(2) suspend payments to such State until the Director is satisfied that such noncompliance has
ended; or
(3) take such other action as the Director deems appropriate.
(g) Report. The Director shall, on December 31, 1990, and on June 30 every two years thereafter, report
to the President and to the Congress on the revenue derived from each source described in section 10601
of this title and on the effectiveness of the activities supported under this chapter. The Director may
include in such report recommendations for legislation to improve this chapter.
(h) Maintenance of effort. Each entity receiving sums made available under this chapter for
administrative purposes shall certify that such sums will not be used to supplant State or local funds, but
will be used to increase the amount of such funds that would, in the absence of Federal funds, be made
available for these purposes.
Sec. 10605. Establishment of Office for Victims of Crime. [Section 1406]
(a) Office established within Department of Justice. There is established within the Department of
Justice an Office for Victims of Crime (hereinafter in this chapter referred to as the ''Office'').
(b) Appointment of Director; authority; restrictions. The Office shall be headed by a Director (referred
to in this chapter as the ''Director''), who shall be appointed by the President, by and with the advice and
consent of the Senate. The Director shall report to the Attorney General through the Assistant Attorney
General for the Office of Justice Programs and shall have final authority for all grants, cooperative
agreements, and contracts awarded by the Office. The Director shall not engage in any employment
other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity
for, any organization, agency, or institution with which the Office makes any contract or other
agreement under this chapter.
(c) Duties of Director. The Director shall have the following duties:
(1) Administering funds made available by section 10601 of this title.
(2) Providing funds to eligible States pursuant to sections 10602 and 10603 of this title.
(3) Establishing programs in accordance with section 10603(c) of this title on terms and
conditions determined by the Director to be consistent with that subsection.
(4) Cooperating with and providing technical assistance to States, units of local government, and
other public and private organizations or international agencies involved in activities related to
crime victims.
(5) Such other functions as the Attorney General may delegate.
[NOTE: Sec. 10606 Victims' rights (Section 1407) repealed by "Justice for All Act" Pub. L. 108-405 and
enacted in 18 U.S.C. 3771]
Sec. 10607. Services to victims. [Section 1408]
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(a) Designation of responsible officials. The head of each department and agency of the United States
engaged in the detection, investigation, or prosecution of crime shall designate by names and office titles
the persons who will be responsible for identifying the victims of crime and performing the services
described in subsection (c) of this section at each stage of a criminal case.
(b) Identification of victims. At the earliest opportunity after the detection of a crime at which it may be
done without interfering with an investigation, a responsible official shall (1) identify the victim or victims of a crime;
(2) inform the victims of their right to receive, on request, the services described in subsection
(c) of this section; and
(3) inform each victim of the name, title, and business address and telephone number of the
responsible official to whom the victim should address a request for each of the services
described in subsection (c) of this section.
(c) Description of services.
(1) A responsible official shall (A) inform a victim of the place where the victim may receive emergency medical and
social services;
(B) inform a victim of any restitution or other relief to which the victim may be entitled
under this or any other law and manner in which such relief may be obtained;
(C) inform a victim of public and private programs that are available to provide
counseling, treatment, and other support to the victim; and
(D) assist a victim in contacting the persons who are responsible for providing the
services and relief described in subparagraphs (A), (B), and (C).
(2) A responsible official shall arrange for a victim to receive reasonable protection from a
suspected offender and persons acting in concert with or at the behest of the suspected offender.
(3) During the investigation and prosecution of a crime, a responsible official shall provide a
victim the earliest possible notice of (A) the status of the investigation of the crime, to the extent it is appropriate to inform the
victim and to the extent that it will not interfere with the investigation;
(B) the arrest of a suspected offender;
(C) the filing of charges against a suspected offender;
(D) the scheduling of each court proceeding that the witness is either required to attend
or, under section 10606(b)(4) (FOOTNOTE 2) of this title, is entitled to attend;
(E) the release or detention status of an offender or suspected offender;
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(F) the acceptance of a plea of guilty or nolo contendere or the rendering of a verdict after
trial; and
(G) the sentence imposed on an offender, including the date on which the offender will be
eligible for parole.
(4) During court proceedings, a responsible official shall ensure that a victim is provided a
waiting area removed from and out of the sight and hearing of the defendant and defense
witnesses.
(5) After trial, a responsible official shall provide a victim the earliest possible notice of (A) the scheduling of a parole hearing for the offender;
(B) the escape, work release, furlough, or any other form of release from custody of the
offender; and
(C) the death of the offender, if the offender dies while in custody.
(6) At all times, a responsible official shall ensure that any property of a victim that is being held
for evidentiary purposes be maintained in good condition and returned to the victim as soon as it
is no longer needed for evidentiary purposes.
(7) The Attorney General or the head of another department or agency that conducts an
investigation of a sexual assault shall pay, either directly or by reimbursement of payment by the
victim, the cost of a physical examination of the victim which an investigating officer determines
was necessary or useful for evidentiary purposes. The Attorney General shall provide for the
payment of the cost of up to 2 anonymous and confidential tests of the victim for sexually
transmitted diseases, including HIV, gonorrhea, herpes, chlamydia, and syphilis, during the 12
months following sexual assaults that pose a risk of transmission, and the cost of a counseling
session by a medically trained professional on the accuracy of such tests and the risk of
transmission of sexually transmitted diseases to the victim as the result of the assault. A victim
may waive anonymity and confidentiality of any tests paid for under this section.
(8) A responsible official shall provide the victim with general information regarding the
corrections process, including information about work release, furlough, probation, and
eligibility for each.
(d) No cause of action or defense. This section does not create a cause of action or defense in favor of
any person arising out of the failure of a responsible person to provide information as required by
subsection (b) or (c) of this section.
(e) Definitions. For the purposes of this section (1) the term ''responsible official'' means a person designated pursuant to subsection (a) of this
section to perform the functions of a responsible official under that section; and
(2) the term ''victim'' means a person that has suffered direct physical, emotional, or pecuniary
harm as a result of the commission of a crime, including -

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(A) in the case of a victim that is an institutional entity, an authorized representative of
the entity; and
(B) in the case of a victim who is under 18 years of age, incompetent, incapacitated, or
deceased, one of the following (in order of preference):
(i) a spouse;
(ii) a legal guardian;
(iii) a parent;
(iv) a child;
(v) a sibling;
(vi) another family member; or
(vii) another person designated by the court.
Sec. 10608. Closed circuit televised court proceedings for victims of crime. [Section 1409]
(a) In general. Notwithstanding any provision of the Federal Rules of Criminal Procedure to the
contrary, in order to permit victims of crime to watch criminal trial proceedings in cases where the
venue of the trial is changed (1) out of the State in which the case was initially brought; and
(2) more than 350 miles from the location in which those proceedings originally would have
taken place; the trial court shall order closed circuit televising of the proceedings to that location,
for viewing by such persons the court determines have a compelling interest in doing so and are
otherwise unable to do so by reason of the inconvenience and expense caused by the change of
venue.
(b) Limited access
(1) Generally. No other person, other than official court and security personnel, or other persons
specifically designated by the court, shall be permitted 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 subsection (a) of this section 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.

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(2) No public broadcast or dissemination shall be made of the signal transmitted pursuant to
subsection (a) of this section. In the event any tapes are produced in carrying out subsection (a)
of this section, 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 described 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) of this section.
(e) Construction
(1) Nothing in this section shall be construed –
(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) Definition. 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
section 331 of title 28, may promulgate and issue rules, or amend existing rules, to effectuate the policy
addressed by this section. Upon the implementation 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.

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