Proposed Rule2025-00071
International Terrorism Victim Expense Reimbursement Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 21, 2025
Issuing agencies
Justice DepartmentJustice Programs Office
Abstract
The Office for Victims of Crime ("OVC") of the U.S. Department of Justice's Office of Justice Programs ("OJP"), proposes this rule to amend the program regulations for the International Terrorism Victim Expense Reimbursement Program ("ITVERP"), to streamline program operation, more expressly reflect certain policy and procedures adopted by OVC since it began administering the program in 2006, and to adjust cost category caps.
Full Text
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<title>Federal Register, Volume 90 Issue 12 (Tuesday, January 21, 2025)</title>
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[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Proposed Rules]
[Pages 6874-6879]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00071]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
28 CFR Part 94
[Docket No.: OJP (OVC) 1812]
RIN 1121-AA91
International Terrorism Victim Expense Reimbursement Program
AGENCY: Office for Victims of Crime, Justice.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Office for Victims of Crime (``OVC'') of the U.S.
Department of Justice's Office of Justice Programs (``OJP''), proposes
this rule to amend the program regulations for the International
Terrorism Victim Expense Reimbursement Program (``ITVERP''), to
streamline program operation, more expressly reflect certain policy and
procedures adopted by OVC since it began administering the program in
2006, and to adjust cost category caps.
DATES: Comments must be received by no later than 11:59 p.m., E.T., on
March 24, 2025.
ADDRESSES:
Electronic comments: OVC encourages commenters to submit all
comments electronically through the Federal eRulemaking Portal, which
provides the ability to type comments directly into the comment field
on the web page or attach a file. Please go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the on-line instructions at that site
for submitting comments. Upon completion of your submission, you will
receive a Comment Tracking Number. Submitted comments are not
instantaneously available for public view on <a href="http://regulations.gov">regulations.gov</a>. If you
have received a Comment Tracking Number, you have submitted your
comment successfully and there is no need to resubmit the same comment.
Commenters should be aware that the system will not accept comments
after 11:59 p.m. Eastern Time on the last day of the comment period.
Paper comments: OVC prefers to receive comments via
<a href="http://www.regulations.gov">www.regulations.gov</a> where possible. Paper comments that duplicate
electronic submissions are not necessary and are discouraged. Should
you wish to mail a paper comment in lieu of an electronic comment, it
should be sent via regular or express mail to: ITVERP, Office for
Victims of Crime, Office of Justice Programs, U.S. Department of
Justice, 810 7th Street NW, Washington, DC 20531.
To ensure proper handling of comments, please reference ``OJP
Docket No. 1812'' on all electronic and written correspondence,
including any attachments.
FOR FURTHER INFORMATION CONTACT: Victoria Jolicoeur, International
Terrorism Victim Expense Reimbursement Program, Office for Victims of
Crime, at 202-307-5134.
SUPPLEMENTARY INFORMATION:
I. Posting of Public Comments
Please note that all comments received are considered part of the
public record and made available for public inspection online at
<a href="http://www.regulations.gov">www.regulations.gov</a>. Such information includes personal identifying
information (such as your name, address, etc.) voluntarily submitted by
the commenter. The Freedom of Information Act applies to all comments
received.
If you wish to submit personal identifying information (such as
your name, address, etc.) as part of your comment, but do not wish for
it to be posted online, you must include the phrase ``PERSONAL
IDENTIFYING INFORMATION'' in the first paragraph of your comment. You
must also place all of the personal identifying information that you do
not want posted online in the first paragraph of your comment, and
identify with specificity what information you want the agency to
redact.
If you wish to submit confidential business information as part of
your comment, but do not wish it to be posted online, you must include
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph
of your comment. You must also prominently identify all confidential
business information to be redacted within the comment. If a comment
has so much confidential business information that it cannot be
effectively redacted, the agency may choose not to post all or part of
that comment.
Personal identifying information identified and located as set
forth above will be placed in the agency's public docket file, but not
posted online. Confidential business information
[[Page 6875]]
identified and located as set forth above will not be placed in the
public docket file. If you wish to inspect the agency's public docket
file in person by appointment, please see the ``For Further Information
Contact'' paragraph.
II. Background
The Victims of Crime Act of 1984 (VOCA), sec. 1404C (34 U.S.C.
20106), added in an amendment to VOCA by the Victims of Trafficking and
Violence Protection Act (VTVPA) of 2000, sec. 2003(c), authorizes OVC
to reimburse certain expenses to eligible victims of acts of
international terrorism. Eligible victims include U.S. nationals, as
well as foreign nationals working for the U.S. government at the time
of the terrorist act. OVC published a notice of proposed rulemaking at
70 FR 49518-49525, on August 24, 2005, and published the current rule
at 71 FR 52446, on September 6, 2006, and it went into effect on
October 6, 2006. On April 11, 2011, at 76 FR 19909, OVC published an
interim-final rule allowing the Director additional discretion to
accept late-filed claims upon a showing of good cause. This was
finalized at 88 FR 3656 on January 20, 2023. Aside from the 2011
amendment to the deadline provision, the overall rule, including
category caps, has not been updated since the program's inception.
OVC proposes this rule, pursuant to its rulemaking authority at 34
U.S.C. 20110(a), to make minor updates to the regulations to reflect
contemporary program policies and procedures adopted by OVC since it
began administering the program in 2006, and to adjust cost category
caps.
III. Section-by-Section Discussion of Proposed Changes
The following is a summary of the changes that OVC proposes:
------------------------------------------------------------------------
Current provision Proposed change
------------------------------------------------------------------------
94.12(c) Definition of Collateral Makes patent longstanding OVC policy
sources. of presuming (unless the claimant
demonstrates otherwise) that
hostile fire or imminent danger pay
for U.S. military personnel who
claim expenses for incidents
occurring in an officially
designated combat zone or a
qualified hazardous duty area, is a
collateral source. Non-substantive
changes to improve readability.
94.12(g) Definition of Funeral and Allows reimbursement of travel costs
burial. for up to five family members,
instead of two. This reflects OVC's
observation that it is common for
more than two family members to
travel to attend victim funerals.
Increasing the cap to five would
allow OVC to better assist victims
with legitimate expenses while
maintaining a cap on program
expenses for funeral travel.
94.12(i) Definition of Incompetent Minor change to replace the outdated
and offensive term ``mental
retardation'' with ``cognitive
disability.''
94.12(r) Definition of Property Adds the word ``typically'' when
loss. providing that medical devices are
to be included under the medical
expense category and not the
property loss category. This would
replace the current limit with a
presumption to allow OVC to
characterize medical device loss in
the category that maximizes victim
reimbursement.
94.12(u) Definition of Victim..... Adds the words ``Is otherwise unable
to submit a claim as a result of
the act of terrorism'' (in a new
subparagraph (iv) under (u)(2)) to
allow for the surviving spouse,
children, parents, and siblings to
be considered victims for purposes
of this program when an individual
is rendered missing as a result of
an act of international terrorism.
The Federal Bureau of Investigation
(FBI) has indicated to OVC that it
has encountered victims who would
have found such support from ITVERP
to be beneficial.
94.21 Eligibility................. Clarifies OVC's longstanding
practice of allowing applicants to
submit an initial application,
followed by supplemental
applications for expenses incurred
after the initial application
(e.g., ongoing medical care).
94.23 Amount of reimbursement..... Clarifies that the reimbursement cap
in effect at the time that the
application (whether initial or
supplemental) is received is the
cap that applies to all awards
under that application. Thus, an
applicant may file a supplemental
claim to take advantage of a higher
cap limit in categories where that
applicant previously hit the cap.
This rule increases the
administrative burden on OVC to
determine additional supplemental
claims, but OVC anticipates being
able to manage this burden within
current program resources due to
the ITVERP's relatively small size.
The change has the benefit of
providing better coverage of actual
victim expenses and avoiding
discrepancies between caps applied
to claimants under the same
incident who filed at different
times. The proposed provision also
adds language to automatically
adjust the caps for inflation every
five years.
94.24 Determination of the award.. Makes patent OVC's preferred
practice of providing claimant
notification via electronic means
(e.g., email or its claims
management system) by default.
94.25 Collateral sources.......... Makes non-substantive edits to
paragraph (a) to clarify the
provision, which addresses when
offset of ITVERP reimbursement
because of collateral sources is
required.
94.31 Application procedures...... Makes patent OVC's current practice
(required by the ITVERP electronic
claim system) of requiring all
claimants to submit an itemized
list of incident-related expenses
for which they seek reimbursement,
and to certify and attest to the
veracity of that list and the
supporting documentation. Adds that
such certification must be made
``under penalty of perjury'' to
make patent the penalty for a false
certification. It also permits the
Director to accept the list or
alternative documentation, as
appropriate, in lieu of receipts,
which often are not retained (and
are thus ``lost'') for a variety of
reasons. Finally, the provision
would make patent OVC's current
practice of allowing claimants to
submit copies of receipts, instead
of the original document.
94.32 Application deadline........ Makes patent OVC's current policy
that the application deadline
applies to the initial application.
If the initial application is
submitted in a timely manner,
supplemental applications will be
accepted any time after that at
reasonable intervals (e.g., for
ongoing costs).
94.33 Investigation and analysis Modifies the prohibition on sharing
of claims. victim identifying information with
expert examiners/reviewers to
require, instead, that OVC make
reasonable efforts to minimize
victim identifying information
released to such reviewers. This
change would allow OVC flexibility
to take alternative measures to
protect victim identities when
redacting identifying information
from voluminous medical records is
not feasible.
94.41 Interim emergency payment... Changes the term ``interim emergency
payment'' to ``conditional
payment'' to better reflect the
actual processing of claims where
up-front payment may be justified.
As a practical matter, conditional
payments are rare, and ITVERP
typically is not an ideal payment
source for ``emergency'' needs due
to the multiple reviews required
prior to payment. Adds mental
health care to the list of care
that could be provided under a
conditional payment.
94.42 Repayment and waiver of Non-substantive simplifying and
repayment. conforming (to the proposed 94.41)
change to delete ``interim
emergency or final award'' and
replace it with ``award''.
[[Page 6876]]
94.51 Request for reconsideration. Non-substantive conforming change to
delete ``initial'' to reflect OVC's
current practice of allowing
``initial'' and ``supplemental''
applications. The change would
clarify that the Director may make
determinations based on material
submitted with either type of
application or request for
additional information.
Reimbursement caps................ Increases overall cap from $105,000
to $175,000 per claimant.
Medical expenses.................. Increases cap from $50,000 to
$80,000. OVC has received 7 claims
over the category cap since 2006;
the excess averaging $17,087.89.
The proposed cap would accommodate
these expenses.
Mental health care................ Increases cap from $5,000 to
$20,000, and eliminates the
timeframe during which OVC may
provide reimbursement. OVC has
received 57 claims (about 10%) that
have requested reimbursement above
the mental health cap; the excess
averaging $6112.78. Increasing the
category cap would have covered
these expenses. The higher cap also
would align better with caps in
most state victim compensation
programs. Eliminating the time
limit on mental health costs better
reflects the reality that victims
have mental health needs exceeding
one year. The proposed provision
also makes a conforming change
reflecting the proposed
94.12(u)(iv), which recognizes
family members of persons missing
due to a terrorist incident as
victims (where such a victim ``Is
otherwise unable to submit a claim
as a result of the act of
terrorism'').
Property loss, repair, and Increases cap from $10,000 to
replacement. $15,000. OVC has received 17 claims
exceeding this cap; the excess
averaging $5561.18. The higher cap
would have covered most of these
expenses.
Funeral and burial costs.......... Increases cap from $25,000 to
$35,000. OVC received four claims
exceeding this cap; the excess
averaging $5646.84. The higher cap
would have covered most of these
expenses.
Miscellaneous expenses............ Increases cap from $15,000 to
$25,000. OVC received six claims
exceeding this cap; the excess
averaging $8693.81. The higher cap
would have covered most of these
expenses.
------------------------------------------------------------------------
All proposed amendments would apply to claims pending determination
by OVC, and to all initial and supplemental claims filed after the
effective date of the final rule.
IV. Regulatory Certifications
A. Regulatory Flexibility Act
The Regulatory Flexibility Act (``RFA'', 5 U.S.C. 601-612) applies
to rules that are subject to notice and comment under section 553(b) of
the Administrative Procedure Act (``APA''). As noted in the discussion,
below, however, regarding the applicability of the APA, this proposed
rule is exempt from the notice and comment requirements under section
553(b) or other provisions of law. Consequently, the RFA does not
apply.
Nevertheless, consistent with the analysis typically required by
the RFA (5 U.S.C. 605(b)), OVC has reviewed this proposed regulation
and by approving it certifies that it will not have a significant
economic impact on a substantial number of small entities. This
proposed regulation has no cost to State, local, or tribal governments,
or to the private sector. The ITVERP is funded by fines, fees, penalty
assessments, and bond forfeitures paid by Federal offenders, as well as
gifts from private individuals, deposited into the Crime Victims Fund
in the U.S. Treasury. Therefore, an analysis of the impact of this
proposed regulation on such entities is not required under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
B. Executive Orders 12866, 13563, and 14094--Regulatory Review
This proposed regulation has been drafted and reviewed in
accordance with Executive Order 12866, ``Regulatory Planning and
Review'' section 1(b), Principles of Regulation, Executive Order 13563
``Improving Regulation and Regulatory Review'' section 1(b), General
Principles of Regulation; and Executive Order 14094, ``Modernizing
Regulatory Review.'' This proposed rule is not a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review. Accordingly, this rule has not been
reviewed by the Office of Management and Budget.
Executive Order 13563 directs agencies to propose or adopt a
regulation only upon a reasoned determination that its benefits justify
its costs; tailor the regulation to impose the least burden on society,
consistent with obtaining the regulatory objectives; and, in choosing
among alternative regulatory approaches, select those approaches that
maximize net benefits. Executive Order 13563 recognizes that some
benefits and costs are difficult to quantify and provides that, where
appropriate and permitted by law, agencies may consider and discuss
qualitatively values that are difficult or impossible to quantify,
including equity, human dignity, fairness, and distributive impacts.
The proposed rule would clarify and update the existing rule, to
make patent in the program rule the existing OVC program policies and
practices that have been developed since the program's inception,
increase reimbursement category caps to reflect the actual data on
victim needs gathered by OVC since 2006, and to make technical
adjustments for clarity. It would not alter the underlying program
structure. The cost to the federal government is largely administrative
and is clearly outweighed by the government's interest, and statutory
mandate, to see that U.S. victims of international terrorism are
reimbursed for the expenses associated with their victimization. This
proposed regulation has no cost to state, local, or tribal governments,
or to the private sector. The ITVERP is funded by fines, fees, penalty
assessments, and forfeitures paid by federal offenders, as well as
gifts from private individuals, deposited into the Crime Victims Fund
in the U.S. Treasury, and set aside in the Antiterrorism Emergency
Reserve Fund, from which OVC may obligate no more than $50 million in
any given year.
The proposed changes in Sec. Sec. 94.12(c), 94.12(u), 94.21,
94.24, 94.31, 94.32, 94.12(g), 94.12(i), 94.12(r), 94.25, 94.33, 94.41,
94.42 and 94.51, largely codify existing agency practices, update
terminology, make technical clarifications, or make simplifying or
conforming changes, and thus impose no costs but provide the
substantial benefit of transparency in program administration. A few
changes provide OVC with some additional flexibility (e.g., to
reimburse five instead of just two travelers for funeral/burial, or to
characterize medical devices in either the medical or property loss
category to maximize victim reimbursement), but do not create costs for
non-Federal entities or individuals or materially increase Federal
administrative costs.
The proposed change in section 94.23 to apply the current cap to
any applications filed after the effective date of that cap, whether
those applications are initial or supplemental, could result in
approximately $637,328 in one-time costs. That figure assumes,
[[Page 6877]]
conservatively, that all claimants who previously hit a category cap
would file a supplemental application. This one-time outlay would not
materially change the budgetary impact of this program and would be
covered within the existing program funding allocation from the Crime
Victims Fund. It would benefit victims by allowing them to receive
reimbursement for amounts closer to the actual costs that they incurred
due to a terrorist attack.
Based on the number of claims with costs exceeding the caps that
were filed in each category and the average excess amount for each
category (set out in the chart of proposed changes above), divided by
16 years (the span of time OVC's data regarding claims with costs
exceeding the caps covers), OVC estimates that the proposed change to
the category caps would create approximately $39,833 in additional
claim payment costs per year from the Crime Victims Fund Anti-Terrorism
Emergency Reserve. The proposed increase would not change the overall
budgetary impact of this program, nor would it materially change the
OVC outlays for this program on an annual basis. It would, however,
have substantial benefit to the victims that incur costs above the
current caps. Moreover, the proposed overall cap of $175,000, is just
modestly above the 2006 cap ($105,000) as adjusted for inflation from
2006 to 2023, $158,411.
C. Administrative Procedure Act
This proposed rule concerns matters relating to ``grants, benefits,
or contracts,'' 5 U.S.C. 553(a)(2), and is therefore exempt from the
requirement of notice and comment and a 30-day delay in the effective
date. Nevertheless, in its discretion, OVC has decided to solicit
comments on this proposed rule.
D. Executive Order 13132--Federalism
This proposed rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order No. 13132, it is determined that this proposed rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
E. Executive Order 12988--Civil Justice Reform (Plain Language)
This proposed rule meets the applicable standards set forth in
section 3(a) and (b)(2) of Executive Order No. 12988. Pursuant to
section 3(b)(1)(I) of the Executive Order, nothing in this or any
previous rule (or in any administrative policy, directive, ruling,
notice, guideline, guidance, or writing) directly relating to the
Program that is the subject of this proposed rule is intended to create
any legal or procedural rights enforceable against the United States,
except as the same may be contained within 28 CFR part 94, subpart A.
F. Unfunded Mandates Reform Act of 1995
This proposed rule, when finalized, would not result in the
expenditure by State, local and tribal governments, in the aggregate,
or by the private sector, of $100,000,000 or more in any one year, and
it will not significantly or uniquely affect small governments.
Therefore, no actions were deemed necessary under the provisions of the
Unfunded Mandates Reform Act of 1995.
G. Congressional Review Act
This proposed rule is not a major rule as defined by 5 U.S.C. 804.
H. Paperwork Reduction Act
This proposed rule does not propose any new, or changes to
existing, ``collection[s] of information'' as defined by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501, et seq.) and its implementing
regulations at 5 CFR part 1320. The existing collection (ITVERP
Application, 1121-0309) has been cleared by the Office of Management
and Budget.
List of Subjects in 28 CFR Part 94
Administrative practice and procedure, Victim compensation, Claims
program, International terrorism, Victim expense reimbursement, Victims
of Crime Act (VOCA) of 1984.
Accordingly, for the reasons set forth in the preamble, OVC
proposes to amend part 94 of chapter I of Title 28 of the Code of
Federal Regulations as follows:
PART 94--CRIME VICTIM SERVICES
0
1. The authority citation for Part 94 continues to read as follows:
Authority: 34 U.S.C., 20103, 20106, 20110(a), 20111.
0
2. Amend Sec. 94.12 by:
0
a. In paragraph (c), in the first sentence, removing ``: except that
any reimbursement received under this subpart shall be reduced by the
amount of'' and adding in its place ``; and ''; and adding a new
sentence to the end of the paragraph.
0
b. In paragraph (g), removing the phrase ``travel for not more than two
family members'' and adding in its place the phrase ``travel for not
more than five family members'';
0
c. In paragraph (i), removing the term ``mental retardation'' and
adding in its place the term ``cognitive disability'';
0
d. In paragraph (r), adding the word ``typically'' before ``are
included in the category of'';
0
e. In paragraph (u)(2)(ii), at the end of the paragraph, removing the
word ``or'';
0
f. In paragraph (u)(2)(iii), removing the period and adding in its
place ``; or''; and
0
g. Adding paragraph (u)(2)(iv).
The additions read as follows:
Sec. 94.12 Definitions.
* * * * *
(c) * * * To the extent that a claimant is a member of the U.S.
military, and the expenses claimed relate to a terrorist incident
occurring in an officially designated combat zone or qualified
hazardous duty area, where the member is also entitled to hostile fire
pay or imminent danger pay, pursuant to 37 U.S.C. 310, OVC will presume
that such pay constitutes a collateral source that offsets the expenses
claimed, unless the claimant demonstrates otherwise.
* * * * *
(u) * * *
(2) * * *
(iv) Is otherwise unable to submit a claim as a result of the act
of terrorism.
0
5. Amend Sec. 94.21 in paragraph (a) by adding a new first sentence,
to read as follows:
Sec. 94.12 Eligibility.
(a) Claimants may submit an initial application, and (as necessary)
supplemental applications, in the form and manner required by the
Director. * * *
* * * * *
0
6. Revise Sec. 94.23 to read as follows:
Sec. 94.23 Amount of reimbursement.
Categories of expenses are capped, as set forth in the chart in the
appendix to subpart A of part 94. Those caps shall be adjusted on
October 1, 2028, and every five years thereafter, to reflect the change
in the Consumer Price Index for All Urban Consumers, published by the
Bureau of Labor Statistics, during the preceding five years; and
otherwise may be adjusted, from time to time, by rulemaking. The cap in
effect within a particular expense category at the time that the
application (whether initial or supplemental) is received shall apply
to all awards under that application. Thus, a claimant whose expenses
were not reimbursable due to a previous category cap may file a
supplemental application to have expenses considered under the most
recent cap.
[[Page 6878]]
Sec. 94.24 [Amended]
0
7. Amend Sec. 94.24 in the second sentence by removing the phrase
``mailed to the claimant at his last known address'' and adding in its
place the phrase ``sent to the claimant electronically (or mailed to
his last known address)''.
0
8. Amend Sec. 94.25 by revising paragraph (b) to read as follows:
Sec. 94.25 Collateral sources.
* * * * *
(b) Notwithstanding paragraph (a) of this section, the claimant's
award under this subpart shall not be reduced by the amount that the
claimant receives from a collateral source, nor shall the claimant be
required to subrogate the United States to the claim for reimbursement
from the collateral source, except when combined reimbursement under
this subpart and any collateral source would exceed the actual expense.
0
9. Revise Sec. 94.31 to read as follows:
Sec. 94.31 Application procedures.
(a) To receive reimbursement, a claimant must submit a completed
application under this program requesting payment based on a detailed
itemized list of expenses accompanied by copies of original receipts
(if available) or (as permitted by the Director) appropriate
alternative documentation or certification.
(b) The claimant must certify under penalty of perjury that the
items and amounts submitted for reimbursement are true and correct to
the best of his knowledge. In the event that it is later determined
that a fraudulent certification was made, the United States may take
action to recover any payment made under this section, and pursue
criminal prosecution, as appropriate.
0
10. Amend Sec. 94.32 by:
0
a. Removing the phrase ``file an application'' and adding in its place
the phrase ``file an initial application'' wherever it appears; and
0
b. Adding a sentence to the end of the section.
The addition reads as follows:
Sec. 94.32 Application deadline.
* * * OVC will accept supplemental applications at any time
(subject to the Director's reasonable limits on the frequency of
submission), provided that the initial application was filed on time.
Sec. 94.33 [Amended]
0
11. Amend Sec. 94.33 by removing the phrase ``no identifying
information for the victim or representative shall be released'' and
adding in its place the phrase ``the Director will make reasonable
efforts to minimize and safeguard any victim identifying information
that is released to the reviewer''
Sec. 94.41 [Amended]
0
12. Amend Sec. 94.41 by:
0
a. In the section heading, removing the words ``Interim emergency'' and
adding in their place the word ``Conditional''; and
0
b. Removing the term ``an interim emergency payment'' and adding in its
place the term ``a conditional payment'' wherever it appears.
Sec. 94.42 [Amended]
0
13. Amend Sec. 94.42 in the first sentence by removing the words
``interim emergency award or final''.
Sec. 94.51 [Amended]
0
14. Amend Sec. 94.51 to remove ``initial'' before ``application''.
0
15. Amend Appendix to Subpart A of Part 94, by revising the Chart of
Expense Categories and Limits as follows:
Appendix to Subpart A of Part 94--International Terrorism Victim
Expense Reimbursement Program (ITVERP); Chart of Expense Categories and
Limits
* * * * *
------------------------------------------------------------------------
Subcategories and
Expense categories conditions Expense limits
------------------------------------------------------------------------
Medical expenses, including Victim's medical care, Up to $80,000.
dental and rehabilitation including, without
costs. limitation,
treatment, cure, and
mitigation of disease
or injury;
replacement of
medical devices,
including, without
limitation,
eyeglasses or other
corrective lenses,
dental services,
prosthetic devices,
and prescription
medication; and other
services rendered in
accordance with a
method of healing
recognized by the
jurisdiction in which
the medical care is
administered.
Victim's cost for
physiotherapy;
occupational therapy;
counseling;
workplace, vehicle,
and home
modifications.
For example, if a
victim were to
sustain a physical
injury, such as
blindness or
paralysis, which
would affect his
ability to perform
current professional
duties, physical
rehabilitation to
address work skills
would be appropriate.
Mental health care............ Victim's (and, when Up to $20,000.
victim is a minor,
incompetent,
incapacitated, or
deceased, or is
otherwise unable to
submit a claim as a
result of the act of
terrorism, certain
family members')
mental health
counseling costs.
Property loss, repair, and Includes crime scene Up to $15,000 to
replacement. cleanup, and cover repair or
replacement of replacement,
personal property whichever is
(not including less.
medical devices) that
is lost, destroyed,
or held as evidence.
Funeral and burial costs...... Includes, without Up to $35,000.
limitation, the cost
of disposition of
remains, preparation
of the body and body
tissue,
refrigeration,
transportation of
remains, cremation,
procurement of a
final resting place,
urns, markers,
flowers and
ornamentation, costs
related to memorial
services, and other
reasonably associated
activities.
[[Page 6879]]
Miscellaneous expenses........ Includes, without Up to $25,000.
limitation, temporary
lodging up to 30
days, local
transportation,
telephone costs,
etc.; with respect to
emergency travel, two
family members'
transportation costs
to country where
incident occurred (or
other location, as
appropriate) to
recover remains, care
for victim, care for
victim's dependents,
accompany victim to
receive medical care
abroad, accompany
victim back to U.S.,
and attend to
victim's affairs in
host country.
------------------------------------------------------------------------
Brent J. Cohen,
Acting Assistant Attorney General, Office of Justice Programs.
[FR Doc. 2025-00071 Filed 1-17-25; 8:45 am]
BILLING CODE 4410-18-P
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</html>Indexed from Federal Register on January 21, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.