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International Terrorism Victim Expense Reimbursement Program U.S. Department of Justice Office of Justice Programs Office for Victims of Crime International Terrorism Victim Expense Reimbursement Program REPORT TO CONGRESS • FEBRUARY 2006 “Putting Victims First” U.S. Department of Justice Office of Justice Programs 810 Seventh Street NW. Washington, DC 20531 Alberto R. Gonzales Attorney General Regina B. Schofield Assistant Attorney General John W. Gillis Director, Office for Victims of Crime Office of Justice Programs Partnerships for Safer Communities www.ojp.usdoj.gov Office for Victims of Crime www.ovc.gov NCJ 210645 The Office for Victims of Crime is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the National Institute of Justice, and the Office of Juvenile Justice and Delinquency Prevention. International Terrorism Victim Expense Reimbursement Program Report to Congress February 2006 Contents Executive Summary . .v Support for Crime Victims . .1 U.S. Victims of International Terrorism Abroad: Challenges and Obstacles . .3 VOCA Authority and Funding for ITVERP . .5 Victim Reimbursement . 5 Expense-Based Program Compared With Compensation Program . 5 Collateral Source Offset . 6 Allocation of Funds—Set-Aside in Antiterrorism Emergency Reserve . 6 Program Implementation Efforts . .9 Pending Regulations . 9 Victim Identification and Notification . 9 Program Materials . 10 Claims Processing . 10 Privacy Act . 10 Information Technology Support . 11 Accounting and Payment System Plan . 11 Assistance for Victims’ Emergency Needs . 11 Other Implementation-Related Expenditures . 12 Summary . .13 Notes . .15 Appendix A: Antiterrorism Emergency Reserve . 17 Appendix B: ITVERP Program Chronology . .19 iii Executive Summary ver the years, hundreds of U.S. nation­ international terrorism occurring abroad may be als, officers, and employees of the residents of different states and thus may receive O U.S. Government have been killed or different levels of compensation for similar injured in acts of international terrorism occur­ injuries. ring outside the United States. These incidents of terrorism continue worldwide. Recognizing that Partially in recognition of this disparity in treat­ providing assistance and support to these victims ment, VOCA was amended so that states are no presents a number of challenges and obstacles, longer required to compensate victims of interna­ the United States Congress amended the Victims tional terrorism occurring outside the United of Crime Act of 1984 (VOCA) [42 U.S.C. States: The Federal Government will now over­ § 10601] (Public Law 98-473) by authorizing an see an expense reimbursement program for these International Terrorism Victim Expense Reim­ victims. Additionally, by providing coverage for bursement Program (ITVERP)1 so that victims of employees of the U.S. Government abroad, this acts of international terrorism that occur outside statute authorizes payment for foreign nationals the United States may receive reimbursement for working for the U.S. Government who may be “expenses associated with that victimization.” killed or injured in an international terrorist attack. Victims of acts of international terrorism that occur outside the United States face unique VOCA directs OVC to submit a report to Con­ obstacles in securing assistance, expense reim­ gress annually on the status and activities of the bursement, and support, which are more readily ITVERP program. Because the proposed pro­ available to victims of violent crime and domes­ gram regulations have not been finalized, OVC tic or international terrorism occurring within has incorporated the status of ITVERP in its U.S. borders. Victims and family members often biennial Report to the Nation. These reports have face immediate needs, such as covering expenses included an overview of the program, its pur­ for medical treatment, funeral and burial services, pose, the categories of eligible recipients, and short-term lodging, and emergency transporta­ interim measures developed by OVC to address tion. Language and cultural barriers can impair a the emergency assistance needs of victims of victim’s ability to secure appropriate support. international terrorism outside the United Moreover, resources for victim assistance vary States. This new report covers in greater detail widely from one country to the next. Many of the challenges and obstacles faced in developing the countries that have established victim com­ this program, a compendium of the groundwork pensation programs compensate only their own laid thus far, and the emergency assistance pro­ citizens, leaving U.S. citizens without financial vided to victims in the interim while program assistance. regulations are being finalized. Although the U.S. Department of Justice (DOJ), Once the program is fully operational and victims Office for Victims of Crime (OVC) provides begin to receive expense reimbursement as out­ funding to states to administer victim compensa­ lined in the statute, OVC will address the follow­ tion programs, the programs administered by ing detailed information in an annual ITVERP each state vary; survivors of the same act of report to Congress. An analysis of the resulting v International Terrorism Victim Expense statistics will serve as a measurement for assessing (c) The number of applications denied and Reimbursement the success of the program. ITVERP reports will the reasons for denial. Program include— (d) The average length of time needed (1) An explanation of the procedures for filing to process an application for and processing applications for expense reimbursement. reimbursement. (e) The number of applications for reim­ (2) A description of the procedures and policies bursement pending and the estimated instituted to promote public awareness future liability of the program. about the program. (4) An analysis of future program needs and (3) A complete statistical analysis of the victims suggested program improvements. assisted under the program, including the following: In August 2005, the proposed ITVERP regula­ tions were published in the Federal Register for a (a) The number of applications for reim­ 60-day comment period. bursement submitted. (b) The number of applications approved and the amount of each award. vi Chapter 1 Support for Crime Victims he Office for Victims of Crime (OVC) Emergency Reserve, and by supporting direct is a component of the Office of Justice services, providing training programs, and spon­ T Programs (OJP). OJP provides federal soring demonstration and evaluation projects leadership in developing the Nation’s capacity to that have national and international impact. prevent and control crime, improve criminal and OVC publishes, disseminates, and encourages juvenile justice systems, increase knowledge replication of materials that highlight promising about crime and related issues, and assist crime practices in support of crime victims worldwide. victims. Through programs developed and funded OVC sponsors fellowships and clinical intern­ by its bureaus and offices, OJP works to form ships to educate, sensitize, and enhance the capa­ partnerships among federal, tribal, state, and local bilities of individuals dedicated to providing government officials to control drug abuse and assistance to crime victims. trafficking; reduce and prevent crime; rehabilitate neighborhoods; improve the administration of justice in America; meet the needs of crime vic­ “I want to express my thanks and sincere gratitude to tims; and address problems such as gang violence, prison crowding, juvenile crime, and domestic all who assisted with the new reimbursement process.” violence. —A recipient of mental health counseling who had lost a son in Iraq OVC was created by the U.S. Department of Jus­ tice (DOJ) in 1983 and formally established by Congress in 1988 through an amendment to the Victims of Crime Act of 1984 (VOCA) [42 OVC works with international, national, mili­ U.S.C. § 10601] (Public Law 98-473). OVC’s tary, tribal, state, and local victim assistance and mission is to enhance the Nation’s capacity to criminal justice agencies, as well as other profes­ assist victims of crime and to provide leadership sional organizations to promote fundamental in changing attitudes, policies, and practices to rights and comprehensive services for crime vic­ promote justice and healing for all victims of tims. OVC not only administers funding, but also crime. VOCA also established the Crime Victims develops policy and provides training and techni­ Fund (the Fund), the sole source of funding for cal assistance to states, localities, and other feder­ VOCA-authorized programs. The fund comprises al agencies on effective responses to crime the fines, penalties, and special assessments victims and supports public awareness and educa­ imposed on convicted federal defendants and tion on critical victim issues. The largest amount gifts, bequests, and donations. The Antiterrorism of OVC funding is provided to state agencies to and Effective Death Penalty Act of 1996 (Public administer programs for assisting crime victims: Law 104-132) amended VOCA to authorize victim compensation and victim assistance for­ OVC to establish an Antiterrorism Emergency mula grant programs. Reserve to assist victims of terrorism and mass violence. The OVC Director is authorized to OVC makes annual awards to each state, the set aside up to $50 million in reserve for this District of Columbia, the U.S. Virgin Islands, purpose. Guam, and Puerto Rico to support
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