Legislation

LEGISLATIVE AUTHORITY

34 U.S. Code § 20111 - Establishment of Office for Victims of Crime
(a) Office established within Department of Justice
There is established within the Department of Justice an Office for Victims of Crime
(hereinafter in this subchapter referred to as the “Office”).
(b) Appointment of Director; authority; restrictions
The Office shall be headed by a Director (referred to in this subchapter as the “Director”),
who shall be appointed by the President. 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 subchapter.[1]
(c) Duties of DirectorThe Director shall have the following duties:
(1) Administering funds made available by section 20101 of this title.
(2) Providing funds to eligible States pursuant to sections 20102 and 20103 of this title.
(3) Establishing programs in accordance with section 20103(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.
(Pub. L. 98–473, title II, § 1411, as added Pub. L. 100–690, title VII, § 7123(a), Nov. 18,
1988, 102 Stat. 4420; amended Pub. L. 112–166, § 2(h)(5), Aug. 10, 2012, 126 Stat.
1285.)

34 U.S. Code § 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 purpose of grants under section
20102 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—
(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 territory or possession of the United 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.
(2) Except as provided in paragraph (3), an eligible crime victim assistance program shall
expend 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 Director; reimbursement by Director
(1) The Director shall make grants—
(A) for victim services, demonstration projects, program evaluation, compliance efforts,
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
victim assistance programs; and
(C) for nonprofit neighborhood and community-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
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 [2] 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 instrumentalities of the Federal Government and
contract for the performance of functions authorized under this subsection.
(d) DefinitionsAs 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.
(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.)