PRIA, Government Policy, Made Personal

Summary

The Attorney General may pay money to crime victims, or pay an estate if the victim died, when someone who is being protected under this chapter commits a crime that causes or threatens death or serious injury. Payments cover the kinds of expenses listed in section 3579(b). The Attorney General must write rules for how to make payments. A victim must first try to get restitution or other compensation under federal or state law or by a civil suit. Payments only fill gaps left after other restitution or insurance. For deaths after this chapter became law, an estate may get up to $50,000. For crimes before the law took effect, only deaths qualify and the estate may get up to $25,000 even if restitution was not sought. Congress authorized $1,000,000 each fiscal year starting in 1985 for these payments. The Attorney General must send Congress a detailed report on payments within four months after each fiscal year ends. These rules do not give anyone a new right to sue the United States.

Title 18, §3525

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)The Attorney General may pay restitution to, or in the case of death, compensation for the death of any victim of a crime that causes or threatens death or serious bodily injury and that is committed by any person during a period in which that person is provided protection under this chapter.

(b)Not later than four months after the end of each fiscal year, the Attorney General shall transmit to the Congress a detailed report on payments made under this section for such year.

(c)There are authorized to be appropriated for the fiscal year 1985 and for each fiscal year thereafter, $1,000,000 for payments under this section.

(d)The Attorney General shall establish guidelines and procedures for making payments under this section. The payments to victims under this section shall be made for the types of expenses provided for in section 3579(b) of this title, except that in the case of the death of the victim, an amount not to exceed $50,000 may be paid to the victim’s estate. No payment may be made under this section to a victim unless the victim has sought restitution and compensation provided under Federal or State law or by civil action. Such payments may be made only to the extent the victim, or the victim’s estate, has not otherwise received restitution and compensation, including insurance payments, for the crime involved. Payments may be made under this section to victims of crimes occurring on or after the date of the enactment of this chapter. In the case of a crime occurring before the date of the enactment of this chapter, a payment may be made under this section only in the case of the death of the victim, and then only in an amount not exceeding $25,000, and such a payment may be made notwithstanding the requirements of the third sentence of this subsection.

(e)Nothing in this section shall be construed to create a cause of action against the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 3579(b) of this title, referred to in subsec. (d), was renumbered section 3663(b) of this title by Pub. L. 98–473, title II, § 212(a)(1), Oct. 12, 1984, 98 Stat. 1987. The date of the enactment of this chapter, referred to in subsec. (d), is the date of enactment of Pub. L. 98–473, which was approved Oct. 12, 1984.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1984, see section 1210 of Pub. L. 98–473, set out as a note under section 3521 of this title. Restitution to Estate of Victims Killed Before

October 12, 1984; Limitation Pub. L. 99–180, title II, § 200, Dec. 13, 1985, 99 Stat. 1142, provided: “That restitution of not to exceed $25,000 shall be paid to the estate of victims killed before

October 12, 1984 as a result of crimes committed by persons who have been enrolled in the Federal witness protection program, if such crimes were committed within two years after protection was terminated, notwithstanding any limitations contained in part (a) of section 3525 of title 18 of the United States Code.” Similar ProvisionsSimilar provisions were contained in the following prior appropriation act: Pub. L. 99–88, title I, § 100, Aug. 15, 1985, 99 Stat. 303.

§3525 Victims Compensation Fund