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Federal Coordination and Compliance Section

42 USC 10604

TITLE 42--THE PUBLIC HEALTH AND WELFARE

CHAPTER 112--VICTIM COMPENSATION AND ASSISTANCE


Sec. 10604. Administrative provisions


(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--
(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.

(Pub. L. 98-473, title II, Sec. 1407, Oct. 12, 1984, 98 Stat. 2176; Pub.
L. 99-646, Sec. 48, Nov. 10, 1986, 100 Stat. 3605; Pub. L. 100-690,
title VII, Sec. 7123(b)(10)-(14), Nov. 18, 1988, 102 Stat. 4421, 4422;
Pub. L. 103-322, title XXIII, Secs. 230206, 230207, Sept. 13, 1994, 108
Stat. 2080.)

References in Text

This chapter, referred to in subsec. (h), was in the original ``this
Act'', and was translated as reading ``this chapter'', meaning chapter
XIV of title II of Pub. L. 98-473, to reflect the probable intent of
Congress.


Amendments

1994--Subsec. (g). Pub. L. 103-322, Sec. 230207, which directed the
substitution of ``and on June 30 every two years thereafter'' for ``and
on December 31 every two years thereafter'', was executed by making the
substitution for ``and on December 31 every 2 years thereafter'', to
reflect the probable intent of Congress.
Subsec. (h). Pub. L. 103-322, Sec. 230206, added subsec. (h).
1988--Subsec. (a). Pub. L. 100-690, Sec. 7123(b)(10), substituted
``Director'' for ``Attorney General'' in two places and ``under this
chapter'' for ``under this chapter and may delegate to any officer or
employee of the Department of Justice any such function as the Attorney
General deems appropriate''.
Subsec. (b). Pub. L. 100-690, Sec. 7123(b)(11), substituted
``Director'' for ``Attorney General''.
Subsec. (c). Pub. L. 100-690, Sec. 7123(b)(12), which directed
substitution of ``Director'' for ``Attorney General or any duly
authorized representative of the Attorney General'', was executed by
making substitution in two places.
Subsec. (f). Pub. L. 100-690, Sec. 7123(b)(13), substituted
``Director'' for ``Attorney General'' two places in introductory
provisions and in pars. (2) and (3).
Subsec. (g). Pub. L. 100-690, Sec. 7123(b)(14), substituted
``Director'' for ``Attorney General'' in two places and ``on December
31, 1990, and on December 31 every 2 years thereafter'' for ``no later
than December 31, 1987''.
1986--Subsecs. (g), (h). Pub. L. 99-646 redesignated subsec. (h) as
(g) and substituted ``1402'', which was translated as ``section 10601 of
this title'' for ``1302'', which had been editorially translated as
``section 10601 of this title'', thereby requiring no change in text.


Effective Date of 1988 Amendment

Amendment by Pub. L. 100-690 not applicable with respect to a State
compensation program that was an eligible State crime victim
compensation program on Nov. 18, 1988, until Oct. 1, 1991, see section
7129 of Pub. L. 100-690, as amended, set out as a note under section
10601 of this title.


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This page was last updated on November 13, 2000

General Information Federal Coordination and Compliance
Federal Coordination and Compliance
Title VI Hotline: 1-888-TITLE-06
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Chief
Contact
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950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

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