
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10604]

 
                 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; Pub. L. 104-294, title VI, Sec. 604(b)(9), Oct. 11, 1996, 
110 Stat. 3507.)

                       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

    1996--Subsec. (g). Pub. L. 104-294 amended directory language of 
Pub. L. 103-322, Sec. 230207. See 1994 Amendment note below.
    1994--Subsec. (g). Pub. L. 103-322, Sec. 230207, as amended by Pub. 
L. 104-294, substituted ``and on June 30 every two years thereafter'' 
for ``and on December 31 every 2 years thereafter''.
    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 1996 Amendment

    Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section 
604(d) of Pub. L. 104-294, set out as a note under section 13 of Title 
18, Crimes and Criminal Procedure.


                    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.


Reports on Amounts Received and Distributed From Fines for Violations of 
                        Trade Secrets Provisions

    Section 101(c) of Pub. L. 104-294 provided that: ``Not later than 2 
years and 4 years after the date of the enactment of this Act [Oct. 11, 
1996], the Attorney General shall report to Congress on the amounts 
received and distributed from fines for offenses under this chapter 
[probably means chapter 90 of title 18, added by section 101(a) of Pub. 
L. 104-294] deposited in the Crime Victims Fund established by section 
1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).''
