DOJ Criminal Division is requesting emergency approval of a new collection that would require information necessary to determine claim eligibility from applicants to the United States Victims of State Sponsored Terrorism Fund.
The Special Master, appointed by the U.S. Attorney General to administer the United States Victims of State Sponsored Terrorism (USVSST) Fund, requests emergency review of the USVSST Fund Application Form. Emergency processing is essential because compliance with normal ICR procedures would cause several statutory deadlines to be missed. Expedited approval of the application is necessary to achieve compliance with the mandatory statutory deadlines in the Act.
The Justice for United States Victims of State Sponsored Terrorism Act (42 U.S.C. § 10609) imposes several short timelines for compensating eligible victims of international terrorism:
Under 42 U.S.C. § 10609(b)(2)(A), the Special Master must publish a notice in the Federal Register specifying the procedures necessary to apply and establish eligibility for payment. In accordance with 42 U.S.C. § 10609(c)(3)(A), applicants have 90 days thereafter to file an application.
The Special Master will review each claim with regard to compensation from the fund and provide written determinations to the Attorney General and each claimant.
42 U.S.C. § 10609(b)(4)(A) permits an applicant 30 days to request a hearing after receipt of a decision denying the claim in whole or in part, and allows the Special Master 90 days after the hearing to make a final written determination.
After all these procedures, all initial payments must be authorized by December 18, 2016, in accordance with 42 U.S.C. § 10609(d)(2).
Adding the 90-day process required under normal ICR procedures would prevent DOJ from meeting the statutory deadline to authorize initial payments not later than one year after the enactment of the Act on December 18, 2015, and would cause a failure in an essential mission of the Department, to expeditiously compensate victims of terrorism.
US Code:
42 USC 10609
Name of Law: Justice for United States Victims of State Sponsored Terrorism Act
US Code: 42 USC 10609(b)(2)(B) Name of Law: Justice for United States Victims of State Sponsored Terrorism Act
US Code: 42 USC 10609(c)(3)(A) Name of Law: Justice for United States Victims of State Sponsored Terrorism Act
US Code: 42 USC 10609(b)(4)(A) Name of Law: Justice for United States Victims of State Sponsored Terrorism Act
US Code: 42 USC 10609(d)(2) Name of Law: Justice for United States Victims of State Sponsored Terrorism Act
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
1123-0013 Notice of Filing Claim_072916.docx
USVSST Fund FAQS.pdf
USVSST Application