Title 34 — Crime Control and Law Enforcement
Chapter 201 — Victim Rights, Compensation, and Assistance
§ 20106. Compensation to victims of international terrorism
Statutory text
Definitions
In this section:
International terrorism
The term “international terrorism” has the meaning given the term in section 2331 of title 18.
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.
Victim
In general
The term “victim” means a person who—
suffered direct physical or emotional injury or death as a result of international terrorism occurring on or after , with respect to which an investigation or civil or criminal prosecution was ongoing after ; and
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.
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.
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.
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 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.
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—
an explanation of the procedures for filing and processing of applications for compensation;
a description of the procedures and policies instituted to promote public awareness about the program;
a complete statistical analysis of the victims assisted under the program, including—
the number of applications for compensation submitted;
the number of applications approved and the amount of each award;
the number of applications denied and the reasons for the denial;
the average length of time to process an application for compensation; and
the number of applications for compensation pending and the estimated future liability of the program; and
an analysis of future program needs and suggested program improvements.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 98–473 title II § 1404C · 98 Stat. 1837
Enacted · 34 U.S.C. § 20106
Pub. L. 98–473, title II, § 1404C, as added Pub. L. 106–386, div. C, § 2003(c)(1), Oct. 28, 2000, 114 Stat. 1544
Source evidence
Code source credit
Pub. L. 98–473, title II, § 1404C, as added Pub. L. 106–386, div. C, § 2003(c)(1), Oct. 28, 2000, 114 Stat. 1544Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001
Pub. L. 107–56 title VI § 624(c) · 115 Stat. 272
Inserted · 34 U.S.C. § 20106(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(c) Compensation to Victims of International Terrorism.— Section 1404C(b) of the Victims of Crime of 1984 (42 U.S.C. 10603c(b)) is amended by adding at the end the following: “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.”.National Defense Authorization Act for Fiscal Year 2008
Pub. L. 110–181 div. A title X § 1083(b)(4) · 122 Stat. 3
Substituted · 34 U.S.C. § 20106(a)(3)(A)(i)
Pub. L. 110–181 substituted “October 23, 1983, with respect to which an investigation or civil or criminal” for “December 21, 1988 with respect to which an investigation or”
Source evidence
Code amendment note
Subsec. (a)(3)(A)(i). Pub. L. 110–181 substituted “October 23, 1983, with respect to which an investigation or civil or criminal” for “December 21, 1988 with respect to which an investigation or”.Enacted provision · exact public law section
(4) Victims of crime act.— Section 1404C(a)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended by striking “December 21, 1988 with respect to which an investigation or” and inserting “October 23, 1983, with respect to which an investigation or civil or criminal”.Effective date note
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.
2 of 3 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The Omnibus Diplomatic Security and Antiterrorism Act of 1986, referred to in subsec. (b), is Pub. L. 99–399, , 100 Stat. 853. Title VIII of the Act, known as the “Victims of Terrorism Compensation Act”, enacted sections 5569 and 5570 of Title 5, Government Organization 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 editorial reclassification and renumbering as this section.
Amendments2001–2008 · 2 rounds
2008
Subsec. (a)(3)(A)(i). Pub. L. 110–181 substituted “, with respect to which an investigation or civil or criminal” for “ 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.
Credits
2000–2008 · 3 acts
- 2000Pub. L. 98–473, title II, § 1404C, as added Pub. L. 106–386, div. C, § 2003(c)(1), , 114 Stat. 1544
- 2001amended Pub. L. 107–56, title VI, § 624(c), , 115 Stat. 373
- 2008Pub. L. 110–181, div. A, title X, § 1083(b)(4), , 122 Stat. 342.
Show as published
(Pub. L. 98–473, title II, § 1404C, as added Pub. L. 106–386, div. C, § 2003(c)(1), , 114 Stat. 1544; amended Pub. L. 107–56, title VI, § 624(c), , 115 Stat. 373; Pub. L. 110–181, div. A, title X, § 1083(b)(4), , 122 Stat. 342.)