§20106 — Title 34 Navy | U.S. Code

Summary

The Director may use the emergency reserve in section 20101(d)(5)(A) to pay victims of international terrorism that happen outside the United States for expenses caused by the attack. A “victim” is someone who was physically or emotionally harmed or killed by international terrorism on or after October 23, 1983, where an investigation or civil or criminal case was still open after April 24, 1996, and who was a U.S. national or a U.S. government officer or employee when the attack happened. If the victim is under 18, legally unable to act, or dead, a family member or legal guardian can get the money for them. Anyone criminally responsible for the attack cannot get compensation. The award must be reduced by any money the victim already got under Title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986. Each year the Director must send Congress a report that explains how to apply, how the program is publicized, full statistics on applications and awards (including numbers, amounts, denials and reasons, processing time, pending claims, and estimated future costs), and suggestions for future needs and improvements. Terms: “international terrorism” is defined in 18 U.S.C. 2331; “national of the United States” is defined in 8 U.S.C. 1101(a).

Title 34, §20106

Navy — Source: USLM XML via OLRC

(a)In this section:

(1)The term “international terrorism” has the meaning given the term in section 2331 of title 18.

(2)The term “national of the United States” has the meaning given the term in section 1101(a) of title 8.

(3)(A)The term “victim” means a person who—

(i)suffered direct physical or emotional injury or death as a result of international terrorism occurring on or after October 23, 1983, with respect to which an investigation or civil or criminal prosecution was ongoing after April 24, 1996; and

(ii)as of the date on which the international terrorism occurred, was a national of the United States or an officer or employee of the United States Government.

(B)In the case of a victim who is less than 18 years of age, incompetent, incapacitated, or deceased, a family member or legal guardian of the victim may receive the compensation under this section on behalf of the victim.

(C)Notwithstanding any other provision of this section, in no event shall an individual who is criminally culpable for the terrorist act or mass violence receive any compensation under this section, either directly or on behalf of a victim.

(b)The Director may use the emergency reserve referred to in section 20101(d)(5)(A) of this title to carry out a program to compensate victims of acts of international terrorism that occur outside the United States for expenses associated with that victimization. The amount of compensation awarded to a victim under this subsection shall be reduced by any amount that the victim received in connection with the same act of international terrorism under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986.

(c)The Director shall annually submit to Congress a report on the status and activities of the program under this section, which report shall include—

(1)an explanation of the procedures for filing and processing of applications for compensation;

(2)a description of the procedures and policies instituted to promote public awareness about the program;

(3)a complete statistical analysis of the victims assisted under the program, including—

(A)the number of applications for compensation submitted;

(B)the number of applications approved and the amount of each award;

(C)the number of applications denied and the reasons for the denial;

(D)the average length of time to process an application for compensation; and

(E)the number of applications for compensation pending and the estimated future liability of the program; and

(4)an analysis of future program needs and suggested program improvements.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Omnibus Diplomatic Security and Antiterrorism Act of 1986, referred to in subsec. (b), is Pub. L. 99–399, Aug. 27, 1986, 100 Stat. 853. Title VIII of the Act, known as the “Victims of Terrorism Compensation Act”, enacted section 5569 and 5570 of Title 5, Government Organization and Employees, section 1051, 1095, and 2181 to 2185 of Title 10, Armed Forces, and section 559 and 1013 of Title 37, Pay and Allowances of the Uniformed Services, amended section 6325 of Title 5, and enacted provisions set out as notes under section 5569 of Title 5, section 1051, 1095, and 2181 of Title 10, and section 559 of Title 37. For complete classification of title VIII to the Code, see

Short Title

of 1986 Amendment note set out under section 5569 of Title 5 and Tables. Codification Section was formerly classified to section 10603c of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2008—Subsec. (a)(3)(A)(i). Pub. L. 110–181 substituted “

October 23, 1983, with respect to which an investigation or civil or criminal” for “

December 21, 1988 with respect to which an investigation or”. 2001—Subsec. (b). Pub. L. 107–56 inserted at end “The amount of compensation awarded to a victim under this subsection shall be reduced by any amount that the victim received in connection with the same act of international terrorism under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentFor applicability of

Amendments

by Pub. L. 110–181 to pending cases, see section 1083(c) of Pub. L. 110–181, set out as an

Effective Date

note under section 1605A of Title 28, Judiciary and Judicial Procedure.

§20106 Compensation to Victims of International Terrorism

Summary

Title 34, §20106

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

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