Tuesday, April 12, 2011

DOJ Publishes IFR for Intl Terrorism Victim Reimbursement Program

Last month I noted that OMB had approved an interim final rule (IFR) for an International Terrorism Victim Expense Reimbursement Program (ITVERP). I was obviously under the impression that this was a new program of some sort. Well, the IFR was published in yesterday’s Federal Register and the IFR is clearly modifying an existing program.

The ITVERP is a DOJ program to provide reimbursement for certain covered expenses incurred as a direct result of an act that the Attorney General has officially designated as an act of Terrorism. The program was established in 2006 and currently covers 156 such acts dating back to 1983. According to the final rule establishing the program it was authorized by the Victims of Crime Act of 1984 (42 USC 10601) to reimburse “victims of acts of international terrorism that occur outside the United States for expenses associated with that victimization” (71 FR 52446). That clearly answers my earlier question about whether or not this program would affect victims of an international terrorist attack here in the United States; it doesn’t.

This IFR provides the Director of the DOJ Office of Victims of Crime with the discretionary authority to waive the three year time limit on filing a claim under the ITVERP “where the Director finds good cause to do so” (76 FR 19909). The rule goes into effect yesterday and the public comment period is open until June 10th, 2011.

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