ITVERP Program Description
In 2000, Congress amended the Victims of Crime Act (VOCA) of 1984, Public Law 98-473 (codified at 42 U.S.C.§ 10601 et seq.), to include authorization for OVC to establish a federal program that would uniformly and equitably provide assistance to victims of designated terrorist acts for certain expenses, regardless of the victim’s legal state of residence. This program became the International Terrorism Victim Expense Reimbursement Program (ITVERP). Eligible victims include U.S. nationals, and foreign nationals working for the U.S. Government at the time of the terrorist act. The program became operational on October 6, 2006, when final regulations (28 C.F.R. part 94) governing the program went into effect.
- To fund ITVERP;
- To support compensation and assistance services for victims of domestic terrorism or mass violence;
- To support assistance services to victims of international terrorism; and
- To transfer funds to U.S. district courts to cover the costs of special masters appointed to hear damage claims in certain cases brought under the terrorism exception to foreign sovereign immunity.
Through ITVERP, OVC provides reimbursement to victims of international terrorism and their families for expenses related to medical care, funeral and burial expenses, repatriation of remains, mental health counseling, property loss, and miscellaneous expenses, such as emergency travel.
ITVERP is authorized to reimburse eligible victims of acts of international terrorism that occur outside the United States for expenses incurred as a direct result of their victimization. Individuals eligible for reimbursement include U.S. nationals and officers, employees, and contractors of the Federal Government, including foreign nationals.2 In the case of a victim who is incompetent, incapacitated, deceased, or a minor, a family member (spouse, parent, child, sibling, or other person at the discretion of the OVC Director) or legal guardian may apply for and receive reimbursement on behalf of the victim. A victim, family member, or legal guardian who applies for ITVERP reimbursement is referred to as a claimant.
Exhibit 1 identifies the types of expenses for which eligible claimants may request reimbursement.
- Attorneys’ fees and other legal expenses;
- Lost wages;
- Payments for pain and suffering; and
- The loss of enjoyment of life or of consortium.
ITVERP regulations also stipulate that OVC cannot provide reimbursement for expenses for which the claimant already received compensation or reimbursement. These ineligible expenses are referred to as collateral sources. Examples of collateral sources include workers’ compensation payments and insurance benefits. Life insurance proceeds are generally not considered a collateral source because they do not compensate claimants for specific out-of-pocket expenses. The definition of collateral sources for ITVERP’s purposes is consistent with other provisions relating to crime victim compensation programs under VOCA.
- Interim Emergency—For claimants seeking funds for an immediate need, such as medical treatment, short-term lodging, or emergency transportation. Emergency requests are processed based on the determination by the OVC Director that a payment will avoid or mitigate substantial hardship that may arise from delaying reimbursement.
- Itemized—For claimants making a first-time request to be reimbursed for out-of-pocket expenses.
- Supplemental—For claimants incurring additional expenses or whose expenses have changed since they first applied for funding (e.g., bills received late or for newly required services).
The deadline to submit an application for ITVERP reimbursement is based on the date of the act of international terrorism, as illustrated in exhibit 2.
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OVC has an established procedure for receiving, tracking, and processing applications for reimbursement. The average processing time for paid claims is 285 days. The ITVERP claims process is described below and illustrated in exhibit 3.
Intake begins when OVC receives the application for reimbursement, which the claimant must complete and submit by mail. Application materials can be downloaded and printed from the ITVERP Web page or obtained by request via the ITVERP toll free line (1–800–363–0441).
- Application review: All applications are assigned to a case manager, who reviews the information submitted by the claimant to assess the completeness of the application. Within 5 business days of receipt of the application, the case manager mails the claimant a letter acknowledging receipt of the application. The case manager also contacts the claimant to obtain any missing or additional information needed to process the claim. The claimant has 120 calendar days to provide the requested information; otherwise, the claim will be moved to inactive status until the information is provided. The claimant is notified of this deadline every 30 days via written correspondence.
ITVERP regulations allow only one application per victim to be filed. A claim is ordinarily filed by the direct victim of the terrorist act; however, a family member can file the claim on behalf of the direct victim. When a family member files, they have to collect information for all qualifying expenses from those who incurred expenses on behalf of the victim. Although only the direct victim or a family member (or legal guardian) is authorized to file the claim and receive reimbursement, the funds reimbursed by the program may then be distributed among others who incurred expenses. While such expenses were initially paid by others, the claim for reimbursement is based on the injury suffered by the direct victim.
The only exception to this occurs when family members such as the spouse, children, parents, and siblings of the direct victim are eligible to file individual claims for mental health counseling on their own behalf. This applies when the direct victim dies as a result of the act of terrorism; when the direct victim is under 18 years of age or is incompetent or incapacitated at the time of the act of terrorism; or when the direct victim is rendered incompetent or incapacitated as a result of the act of terrorism.
- Verification of victim/claimant: ITVERP will verify, through the applicable investigating law enforcement agency, that the victim and claimant listed on the application are associated with the act of terrorism. In most instances, this information is obtained from the Federal Bureau of Investigation (FBI), Office for Victim Assistance (OVA). For family members applying for reimbursement on behalf of their loved ones, ITVERP will review documentation to verify the relationship between the applying family member, or designated legal representative, and the direct victim.
- Designation of an incident as an act of international terrorism: The corresponding incident must first be designated as an act of international terrorism for the purposes of ITVERP before the Director of OVC may authorize reimbursement. The authority to make this determination is delegated to the Assistant Attorney General for National Security. A current list of designated incidents can be found online. Upon receipt of an application linked to an incident not yet designated as an act of terrorism, OVC submits a request for designation to the National Security Division.
- Expense verification: A claimant must submit their application with an original signature and copies of original receipts for each expense. At the OVC Director’s discretion, a claimant may submit a signed statement that explains why receipts are unavailable, itemizes and describes each individual expense, and certifies that the information and expenses listed are accurate to the best of the claimant’s knowledge. Based on the information submitted, the OVC Director may consider an itemized statement of expenses in lieu of receipts. ITVERP will verify each expense submitted by contacting service providers and vendors to confirm the amount of the expense and that it is directly linked to the terrorist act.
- Collateral source verification: The claimant must also submit complete and accurate information regarding all other financial resources that are or may be available to offset expenses. ITVERP will work with the claimant to review all potential resources for payment or financial assistance, which often include—
- Insurance (health, disability, property, etc.);
- Workers’ compensation;
- Medicare or Medicaid;
- Social Security benefits;
- Foreign governments or private entities; and
- Other victim assistance or emergency assistance programs (state compensation programs, etc.).
It is important to note that, if a claimant has been awarded compensation through a court judgment against a foreign government that has not yet been paid, the amount of this judgment is considered a collateral source under ITVERP, and the ITVERP reimbursement will be reduced accordingly.
Once the claimant’s eligibility and expenses have been verified, ITVERP staff make a recommendation for disposition of the claim to OVC. Final determination of the ITVERP award is made by the OVC Director.
Exhibit 4 lists the ways a claim can be decided by the OVC Director.
For those claims that are processed as full or partial payment, claimants in the United States receive payment via direct deposit; claimants outside the United States receive payment via an international electronic funds transfer. All reimbursements are made in U.S. dollars. If a claimant submits a request in a currency other than U.S. dollars, the payment is converted using the official U.S. Department of the Treasury, Financial Management Service’s foreign currency exchange rates.
Once a claim has been approved or denied, OVC sends a letter to the claimant outlining the decision and explaining the appeals process. Claimants have the right to appeal a final decision within 30 days of receiving the determination of their claim. Appeal requests are sent to the Assistant Attorney General for the Office of Justice Programs, who reviews the claim and renders a final determination.
1 Congress established the Fund in 1984 and, in 1996, allowed $20 million of the Fund to be set aside for the Emergency Reserve. In 2001, the set-aside was increased to $50 million. The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) of 2001 authorizes the OVC Director to replenish the Emergency Reserve in subsequent fiscal years by using up to 5 percent of the amount remaining in the Crime Victims Fund in any fiscal year after distributing amounts otherwise available for that year.
2 The original ITVERP legislation states that the individual victim must have “suffered direct physical or emotional injury or death as a result of international terrorism occurring on or after December 21, 1988, with respect to which an investigation or prosecution was ongoing after April 24, 1996.” The National Defense Reauthorization Act of 2008 (P.L. 110-181) amended VOCA, authorizing ITVERP to cover acts of terrorism that occurred “on or after October 23, 1983.” An event is considered an act of international terrorism if it is designated as such by the Assistant Attorney General (AAG) for National Security. This authority was delegated to the AAG for National Security by the Attorney General of the United States in 2007.
3 The National Defense Reauthorization Act for Fiscal Year 2008 modified ITVERP by extending coverage of ITVERP to designated events back to October 23, 1983.