`[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 [www.gpo.gov]
[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 https://www.regulations.gov 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 regulations.gov. 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 
www.regulations.gov 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 
www.regulations.gov. 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`