Chapter 201, Subchapter I, Section 20101, Subsection (d) · 34 U.S.C. Chapter 201 — VICTIM RIGHTS, COMPENSATION, AND ASSISTANCE

Contents

(d)The Fund shall be available as follows:

(1)Repealed. Pub. L. 105–119, title I, § 109(a)(1), Nov. 26, 1997, 111 Stat. 2457.

(2)The agreement holder shall keep the hereditament in good and substantial repair and condition.

(A)Except as provided in subparagraph (B), the first $10,000,000 deposited in the Fund shall be available for grants under section 20104 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 20104 of this title.

(ii)Amounts available under this subparagraph for any fiscal year shall not exceed $20,000,000.

(3)

(A)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 only for—

(i)the United States Attorneys Offices and the Federal Bureau of Investigation to provide and improve services for the benefit of crime victims in the Federal criminal justice system (as described in section 3771 or section 3772, as it relates to direct services, of title 18 and section 20141 of this title) through victim coordinators, victims’ specialists, and advocates, including for the administrative support of victim coordinators and advocates providing such services; and

(ii)a Victim Notification System.

(B)Amounts made available under subparagraph (A) may not be used for any purpose that is not specified in clause (i) or (ii) of subparagraph (A).

(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 20102 of this title;

(B)47.5 percent shall be available for grants under section 20103(a) of this title; and

(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 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 20105 of this title and to provide compensation to victims of international terrorism under section 20106 of this title.

(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.

(6)

(A)The Director may set aside up to $10,000,000 of the amounts remaining in the Fund in any fiscal year after distributing the amounts under paragraphs (2), (3), and (4), in a Child Pornography Victims Reserve, which may be used by the Attorney General for payments under section 2259(d) of title 18.

(B)Amounts in the reserve may be carried over from fiscal year to fiscal year, but the total amount of the reserve shall not exceed $10,000,000. Notwithstanding subsection (c) and any 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.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 30

Show every defined term

act of international terrorism
includes—
adverse final judgment
means a final judgment in favor of the defendant, or defendants, in the proceedings identified in subsection (e)(2)(B)(iii), or which does not order any payment from, or award any interest in, the assets at issue in such proceedings to the plaintiffs, judgment creditors, or Settling Judgment Creditors in such proceedings.
base amount
means—
chief executive
includes a person designated by a chief executive to perform the functions of the chief executive under this section.
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;
crises intervention services
means counseling to provide emotional support in crises arising from the occurrence of crime;
Director
means the Director of the Office on Violence Against Women.
domestic violence victim
means a victim of domestic violence, dating violence, sexual assault, or stalking.
eligible entity
means—
emotional support animal
means an animal that is covered by the exclusion specified in section 5.303 of title 24, Code of Federal Regulations (or a successor regulation), and that is not a service animal.
final judgment
means an enforceable final judgment, decree or order on liability and damages entered by a United States district court that is not subject to further appellate review, but does not include a judgment, decree, or order that has been waived, relinquished, satisfied, espoused by the United States, or subject to a bilateral claims settlement agreement between the United States and a foreign state.
Fund
means the United States Victims of State Sponsored Terrorism Fund established by this section.
international terrorism
has the meaning given the term in section 2331 of title 18.
juvenile
means an individual who is age 17 or younger.
medical expenses
includes, to the extent provided under the eligible crime victim compensation program, expenses for eyeglasses or other corrective lenses, for dental services and devices and prosthetic devices, and for services rendered in accordance with a method of healing recognized by the law of the State;
national media campaign
means the national “Choose Respect” media campaign described in paragraph (2).
national of the United States
has the meaning given the term in section 1101(a) of title 8.
non-9/11 victim of state sponsored terrorism
means a United States person who has an eligible claim under subsection (c) that is unrelated to the acts of international terrorism carried out on September 11, 2001.
pet
means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, or other animal that is kept for pleasure rather than for commercial purposes.
recovery costs
means expenses for personnel directly involved in the recovery efforts to obtain collections from restitution or from subrogation for payment under a civil law suit.
responsible official
means a person designated pursuant to subsection (a) to perform the functions of a responsible official under that section;
service animal
has the meaning given the term in section 36.104 of title 28, Code of Federal Regulations (or a successor regulation).
services to victims of crime
includes—
services to victims of Federal crime
means services to victims of crime with respect to Federal crime, and includes—
source other than this Fund
means all collateral sources, including life insurance, pension funds, death benefit programs, payments by Federal, State, or local governments, and court awarded compensation related to the act of international terrorism that gave rise to a claimant’s final judgment, except that the term does not include payments received in connection with an international claims agreement to which the United States is a state party or any other settlement of terrorism-related claims against Sudan.
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;
state sponsor of terrorism
means a country the government of which the Secretary of State has determined, for purposes of section 4605(j) 1 of title 50, section 2371 of title 22, section 2780 of title 22, or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism.
United States person
means a natural person who has suffered an injury arising from the actions of a foreign state for which the foreign state has been determined not to be immune from the jurisdiction of the courts of the United States under section 1605A or section 1605(a)(7) (as such section was in effect on January 27, 2008) of title 28 or is eligible to make a claim under subsection (c)(2)(B) or subsection (c)(2)(C).
victim
means a person who—
young adult
means an individual who is age 21 or younger but not a juvenile.