6 September 2006
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[Federal Register: September 6, 2006 (Volume 71, Number 172)]
[Rules and Regulations]
[Page 52446-52455]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06se06-18]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
28 CFR Part 94
[Docket No.: OJP (OJP)--1368]
RIN 1121-AA63
International Terrorism Victim Expense Reimbursement Program
AGENCY: Office of Justice Programs, Justice.
ACTION: Final rule.
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SUMMARY: The Office of Justice Programs (``OJP'') is finalizing the
following regulation with minor modifications as a result of comments
concerning the original notice of proposed rulemaking published at 70
FR 49518-49525, on August 24, 2005. This regulation implements
provisions of the Victims of Crime Act of 1984 (the ``VOCA'') (42
U.S.C. 10601 et seq.), which authorize the Director of the Office for
Victims of Crime (``OVC''), a component of OJP, to establish an
International Terrorism Victim Expense Reimbursement Program
(hereinafter referred to as the ``ITVERP'') to reimburse eligible
``direct'' victims of acts of international terrorism that occur
outside the United States for ``expenses associated with that
victimization.''
DATES: This final rule is effective October 6, 2006.
FOR FURTHER INFORMATION CONTACT: Barbara Walker, Senior Policy Analyst,
Office for Victims of Crime, Office of Justice Programs, U.S.
Department of Justice, 810 Seventh Street, NW., Washington, DC 20531;
by telephone, at: 1-800-363-0441; or by e-mail, at: ITVERP@usdoj.gov.
SUPPLEMENTARY INFORMATION: As authorized by the VOCA, OVC generally
provides Federal financial assistance to states for the purpose of
compensating and assisting victims of crime, provides funds for
training and technical assistance services for victims of Federal
crime, and provides funding and services for victims of terrorism and
mass violence. This program 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.
On August 24, 2005, at 70 FR 49518, OJP published a proposed rule
to implement the provisions of the (ITVERP). All comments concerning
this rule were to be received by October 22, 2005. As a result of that
publication, OVC received sixteen public comments. Eight of the
comments came from individuals who had been victims of acts of
international terrorism that occurred abroad. Two came from national
victim assistance organizations, one of which represents the VOCA-
funded victim assistance organizations in the fifty-six relevant
jurisdictions. Three comments were from individual state victim
compensation boards, one was from a Federal agency, one was from a
professional trade organization, and one was from an interested
individual. Other than a few syntactical or grammatical changes of a
technical, non-substantive nature, after careful review of all
comments, OVC has made only two minor modifications, clarifying the
definition of ``victim'' in Sec. 94.12(u)(2) (reworded to clarify
which persons may be considered victims) and expanding the definition
of ``collateral source'' in 94.12(c)(2).
OVC offers the following issue analysis to provide additional
details on the purpose and operation of the ITVERP.
Twelve individuals or representatives of groups submitted comments
regarding the scope of coverage of the program. These comments
generally asked for the coverage of the program to be expanded in
various ways. As detailed below, OVC thoughtfully considered each of
these comments.
As noted in the Notice of Proposed Rulemaking, OVC recognizes that
little or no support may be given by other countries to American
nationals who are victims of acts of international terrorism events
that occur abroad and that state programs differ in how they treat
residents who are victimized abroad. Moreover, victims of acts of
international terrorism that occur outside the United States face
unique obstacles in securing assistance and support. Against this
background of variation in compensation levels, the authorizing statute
indicates that the major purpose of the ITVERP is to reimburse
``victims of acts of international terrorism that occur outside the
United States for expenses associated with that victimization'' (42
U.S.C. 10603c(b) (emphasis added)). Thus, the program--by statute--is
intended to ensure a basic level of support for immediate and out-of-
pocket expenses associated with such victimization.
OVC also wishes to note that the ITVERP will cover a broader range
of expenses than the types of emergency expenses that have been
provided to date through the existing discretionary program operated by
the FBI in conjunction with the Department of State and OVC. Some
emergency claims that were previously denied may thus fall within the
ITVERP's scope. Therefore, victims who have received prior emergency
assistance may wish to review their prior payments in relation to the
limits established by this program, and submit such additional claims
to the ITVERP, if warranted.
Additional Categories and Increased Limits
Eight of the comments requested an expansion of the categories of
reimbursable expenses, and one requested an increase of the limits of
the existing categories. Requests for specific types of expenses are
discussed below, but, as noted above, the goal of the program--by
statute--is to provide a basic level of support for American nationals
who are victims of acts of international terrorism that occur outside
the United States. OVC encourages victims to avail themselves of
additional sources of compensation, which may include reimbursements
either from other sources above the ITVERP limitations or for
categories of expenses not covered by the ITVERP. Closely adhering to
the statutory mandate of reimbursement for expenses provides greater
stability to the program. By keeping the ITVERP focused on direct, out-
of-pocket expenses, consistent with the statutory authorization, OVC
can ensure that funding will be available for all victims in the
dreadful event that another act of international terrorism should occur
overseas involving a large number of eligible victims.
[[Page 52447]]
Lost Wages and Loss of Support
Seven comments requested that the program be expanded to include
lost wages among the reimbursable expenses. This request was often
coupled with a request that the program cover loss of support. Three of
these comments came from state victim compensation boards, two came
from national victim assistance organizations, one came from a Federal
agency, and one came from an injured victim. Three of the comments
noted that although states (which cover lost wages and loss of support)
are not required to compensate victims of international terrorism, many
continue to do so. Thus, they conclude, such victims will need to apply
to both State and Federal programs to receive compensation in those
categories. The commenters point out, however, that not all state
programs provide the same level of compensation.
As designed by OVC, the ITVERP sets a standard level of expense
reimbursement assistance, but allows a victim to seek assistance from
several sources, which necessarily means filing a claim or application
for each source. Inasmuch as the program--by statute--is not intended
to be comprehensive, of necessity it does not foreclose access to other
sources of support or compensation. Although states are no longer
required by the VOCA to provide assistance to victims of acts of
international terrorism that occur outside the United States, they
certainly may do so. In particular, states may offer compensation
beyond the limits set by the ITVERP, or they may choose to fund
categories of expenses not considered reimbursable under the ITVERP,
such as lost wages and loss of support. As with noneconomic losses
(such as pain and suffering or attorney's fees), lost wages and loss of
support are not immediate and out-of-pocket expenses, and thus, by
statute, are not covered under the ITVERP.
Family Members
Four comments (two by state victim compensation boards, one by a
national victim assistance group, and one by a federal agency) either
asked for clarification of the intended coverage for family members or
suggested that the ITVERP's scope be expanded to define additional
family members as victims. Although state compensation statutes tend to
define a wider range of family members as victims, the ITVERP's
authorizing statute clearly limits reimbursement to victims who
``suffered direct physical or emotional injury or death'' (42 U.S.C.
10603c(a)(3)(A)(i)). These ``direct victims'' may be reimbursed for
expenses in any category up to the allowable cap.
In limited circumstances, as noted in the statute (42 U.S.C.
10603c(a)(3)(B)), and clarified in the regulation's definitions (Sec.
94.12(u)(2)), the following family members of persons who ``suffered
direct physical or emotional injury or death'' may be considered
victims in their own right: (1) Spouse; (2) children; (3) parents; (4)
siblings; and (5) other persons at the discretion of the Director,
provided such persons have established sufficient ties to the direct
victim. (An example of an ``other person'' might be a grandparent who
had been rearing a child who was killed in an act of international
terrorism.) This expansion of the definition of victim occurs only in
the following three circumstances: (1) When the direct victim dies as a
result of the act of terrorism; (2) when the direct victim is under 18
years of age (or is incompetent or incapacitated) at the time of the
act of terrorism; or (3) when the direct victim is rendered incompetent
or incapacitated at the time or as a result of the act of terrorism.
Because of the expense-based nature of the program, these additional
victims would directly qualify only for mental health care, within the
ITVERP limits. Nevertheless, a family member who is considered a victim
in his own right, and thus able to file a claim for mental health
counseling, may also file a claim on behalf of the direct victim if he
is also the victim's representative (i.e., a family member or legal
guardian authorized to file the claim).
Aside from close family members who may be considered victims in
their own right (see 42 U.S.C. 10603c(a)(3)(B)), family members or
others may be reimbursed for expenses paid on behalf of the direct
victim. Although the direct victim or one family member (or legal
guardian) will be authorized to file the actual claim and receive the
reimbursement, the funds may then be distributed among others who have
paid for reimbursable expenses on behalf of the direct victim. Thus,
for example, one family member may pay the victim's medical expenses,
another may pay travel expenses for the victim, and a third may file
the claim as the victim's representative. The family member filing the
claim would receive the reimbursement under the ITVERP and would then
act as a fiduciary to distribute the money to the appropriate family
members who had actually paid the expenses.
A brief example may help to further illustrate. Suppose an
individual were injured in a qualifying act of international terrorism.
If the victim were not younger than 18 years of age, incompetent,
incapacitated, or deceased, a single claim for reimbursable expenses
could be filed by either the victim or the victim's representative.
This claim could include reimbursable expenses actually paid by one or
more other individuals, such as medical expenses or the travel expenses
of up to two family members to assist the victim in the country where
the act of terrorism took place. Although such expenses were initially
paid by others, the claim for reimbursement would be based on the
injury suffered by the person who is the direct victim. Other family
members, such as the spouse, children, or parents of the victim, would
not be eligible to file a claim on their own behalf for mental health
counseling or other assistance. If the direct victim were younger than
18 years of age, incompetent, incapacitated, or deceased, then a single
claim would still be made on behalf of the direct victim. This claim
would still include any expenses paid by others on behalf of the
victim, such as funeral expenses or the emergency travel of up to two
family members. In addition, family members such as the spouse,
children, parents, and siblings of the direct victim, would also be
able to file individual claims for mental health counseling on their
own behalf. Such additional victims would not be eligible for other
expense reimbursement as part of their individual claim. They would,
however, still be able to receive reimbursement for expenses paid under
the claim of the direct victim.
Tuition, Childcare, and Travel Expenses
Five comments (three by victims, one from a state victim
compensation board, and one from a federal agency) involved suggestions
for reimbursement in categories that are already covered by the ITVERP
under certain circumstances. For example, tuition payments are
considered a reimbursable expense for the direct victim if the
schooling is related to retraining required as a direct result of the
injury. This may include, for example, training for using TDD
equipment, prosthetic limbs, Braille, and other vision and physical
aids. Similarly, expenses for rehabilitation training to assist victims
in adjusting to a new work environment would be reimbursed under the
ITVERP. (See the table in the Appendix to Subpart A for examples.)
One commenter suggested expanding this existing education coverage
to include tuition for a surviving spouse to return to school. Another
suggestion was for future tuition for the children of
[[Page 52448]]
a deceased victim. Because the ITVERP is restricted by statute to
direct reimbursement to victims for actual out-of-pocket expenses
resulting from the act of international terrorism, such expenses
related to normal educational needs of the victim or surviving family
members cannot be covered.
Along similar lines, immediate childcare costs may be considered
reimbursable miscellaneous expenses when they are necessary for the
children of the direct victim, or for the children of a deceased
victim's family members who travel to the country where the act of
international terrorism occurred to care for the victim or recover the
victim's remains. Long-term childcare expenses, however, are more akin
to personal expenses than immediate direct expenses attributable to the
act of terrorism, and for that reason they cannot be covered by the
ITVERP.
Emergency travel for up to two family members is a reimbursable
miscellaneous expense in a variety of circumstances. This includes
traveling to care for the direct victim or to recover the deceased
victim's remains. Travel expenses will be covered to the country where
the incident occurred, in most instances, but it may be to other
locations depending on the circumstances (e.g., travel to a hospital in
another country to which the victim has been evacuated).
Funeral and Burial Expenses
A family member of a deceased victim inquired as to the specific
items allowable as funeral expenses. Reimbursable expenses include a
variety of costs associated with the return and disposition of the
victim's remains, including markers, flowers, and costs related to
memorial services, up to the cap on costs. Activities of a religious
nature that are reasonably related to funeral and burial expenses are
reimbursable. Other than the category cap, the primary limitation in
this category is that the expense be for a ``reasonably related
activity.''
One comment by a professional trade group suggested that the
definition of ``burial costs'' be expanded to be more consistent with
the FTC regulatory provision on funerals (16 CFR 453 (1999)). The
commenter wanted to ensure that the ITVERP regulation would not limit
burial options for a family, such as the choice between an ``earth
burial'' or cremation. As noted above, the coverage of burial costs is
intended to be as inclusive as possible of all customs, cultures, and
religious faiths. As an integral part of the grieving process, no
family should be constrained by this program in observing appropriate
burial customs in a manner and method decided by the family. To this
end, and upon review of the language in the FTC rule, OVC does not
believe that limiting reimbursement to the current language adopted by
the FTC would be appropriate. Rather, OVC continues to read the
existing language expansively, as a method to provide for wide coverage
of burial expenses, consistent with the specific needs of each family.
As noted previously, the ITVERP does not limit those options, other
than to impose a reasonable spending cap of $25,000 for merchandise or
activities reasonably related to funeral and burial costs, which can be
directed according to the wishes of the family.
Interim Emergency Payments
One commenter, a victim of international terrorism, requested that
the program make interim emergency payments. The ITVERP already allows
for interim emergency payments when the Director of OVC determines such
payment is necessary to avoid or mitigate substantial hardship. Once
the ITVERP becomes operational, such interim emergency payments will be
possible for victims of future acts of international terrorism.
Insurance
One comment by a victim pointed out that insurance carriers exclude
costs associated with acts of international terrorism, or may cancel
policies following a terrorist event. Changes to insurance industry
practices would need to be effected by other legislative action and are
beyond the purview of these regulations.
Taxes
One victim suggested that under the ITVERP any final taxes owed by
a deceased victim should be forgiven by the Internal Revenue Service,
as they were for victims of the 9/11 attacks and the Oklahoma City
bombing. Although the Victims of Terrorism Tax Relief Act of 2001
currently forgives final taxes for deceased victims of specified
terrorist attacks, coverage with respect to other acts of international
terrorism outside the United States would require an amendment to the
Act or new legislation.
Individuals receiving reimbursements under the ITVERP should
consult the Internal Revenue Service (and state taxing authorities, as
appropriate) to determine the tax status of such reimbursements. The
IRS has in the past limited tax exposure in situations of state
compensation payments. It is anticipated that once OJP adopts final
regulations for the ITVERP program, OVC will request that the IRS
independently determine the appropriate tax status for expense
reimbursements under the ITVERP.
Category Caps
Five comments (three from victims, one from a Federal agency, and
one from an interested individual) suggested that some or all of the
category caps were too low, particularly for the mental health
category. The purpose of the ITVERP is to help victims mitigate certain
economic losses occasioned by the terrorist event. Placing caps on
reimbursement categories helps to ensure that funds will be available
for future victims of international terrorism abroad. By statute, the
program is not designed to insure against all losses. For example,
reimbursement for property loss is intended to help victims replace
items that are necessary for immediate daily living. The expectation is
that families living abroad or on extended travel would avail
themselves of the opportunity to purchase additional medical or travel
insurance and insure items of substantial value (e.g., home, household
goods, automobile). Similarly, funding for mental health counseling is
intended to provide immediate counseling intervention, not long-term
therapy. As with lost wages, which are not reimbursable under the
ITVERP, programs funded under the Victims of Crime Act of 1984 (VOCA)
may provide compensation in additional categories or in amounts above
the ITVERP caps, and victims are encouraged to apply to such state
programs.
Collateral Sources
Seven of the comments (three from state victim compensation boards,
one from a national victim advocacy group, one from a federal agency,
and two from victims) were related to collateral sources as defined in
Sec. 94.12(c) and described in Sec. 94.25. Four of the comments
requested clarification of the relationship between the ITVERP and
state compensation programs. Two comments concerned payments received
from a foreign government. The seventh comment concerned prior payments
made under another Federal statute.
The Uniting and Strengthening America by Providing Appropriate
Tools Required To Intercept and Obstruct Terrorism Act of 2001 (USA
PATRIOT Act), Public Law 107-56, eliminated the requirement for state
crime victim compensation programs to pay compensation to victims in
cases of international terrorism abroad. Accordingly, the ITVERP is the
primary
[[Page 52449]]
federally-funded reimbursement source for these victims. State crime
victim compensation programs may elect to continue to provide
compensation to victims of international terrorism abroad in categories
not covered under the ITVERP, or in amounts beyond the ITVERP's
category caps. If a state chooses to compensate residents who are
victims of international terrorism outside the United States, it does
so as a payer of last resort. Although the state may consider federal
ITVERP payments as collateral source payments that diminish its payment
obligations, state supplemental compensation payments will not reduce
Federal payment obligations. In other words, if the state chooses to
provide additional payments to victims who have received specific
payments under the ITVERP, those payments will be considered
supplemental support and not collateral sources for purposes of the
Federal program. If the ITVERP and the state program provide
reimbursement for identical expenses, the ITVERP is considered the
initial payer. Moreover, international terrorism victims are not
required to apply to state compensation programs before filing an
application for reimbursement under the ITVERP. This policy is in line
with the current practice and permits state compensation programs to
retain their status as the payers of last resort.
For example, suppose that after an international terrorist event a
victim were to apply for and receive full reimbursement under an ITVERP
category, but outstanding expenses remain. A state compensation program
is not required by VOCA to make additional payments under that
category. The state may, however, elect to make supplemental payments
(under that category) to the victim. Additionally, for expenses under
categories that are not covered under the ITVERP, the state
compensation programs may continue to reimburse the victim within the
state's approved limit. Furthermore, any such supplemental or
additional payments may be counted in a state's certified payout of
victim compensation expenses, and therefore eligible for inclusion in
the calculation of future state compensation awards under VOCA.
Two comments (both from victims) asked for clarification of the
extent to which payments from a foreign government would affect ITVERP
payments to victims. One commenter suggested that the regulations would
cause hardship to victims if foreign payments are counted as collateral
sources. Section 94.25 of the regulation specifically provides that any
payment from the United States or a foreign government in the form of
general compensation (e.g., a lump sum or structured payment) will be
considered a collateral source. As such, an award under the ITVERP
would be reduced by the amount of payment(s) by the foreign government
(or the claimant would subrogate the United States to the extent of the
ITVERP award if it is paid first). If, however, the payment from the
United States or a foreign government is for reimbursement of a
specific category of expenses that is not covered under the ITVERP or
is a supplemental reimbursement beyond the ITVERP category cap, the
reimbursement will not be considered a collateral source, and will not
reduce the reimbursement the claimant receives from the ITVERP.
Although unsatisfied judgments against foreign governments may be
collateral sources under the final rule, in principle the ITVERP award
is not intended to limit victims' options in seeking collateral source
payments from other sources to cover otherwise non-compensated
expenses. The intent is to ensure that funds are available to reimburse
the basic expenses of victims, by not allowing the receipt of money
from more than one source to cover the same expense. This may result in
a slight reduction in reimbursements for some victims. In any event,
further to the foregoing discussion (and comments from the Department
of State), some clarifying changes have been made to the definition of
collateral sources in the final rule.
ITVERP is an expense reimbursement program. As such, ITVERP funds
are available to reimburse the victim for specific expenses (as opposed
to a general compensation program). To ensure fiscal integrity, the
program is designed to prevent duplication of payments. Thus,
reimbursements by collateral sources for specific expenses below the
cap are not exempted as there can only be one reimbursement for each
specific expense. Nevertheless, the intent is that under no
circumstances should total reimbursements under ITVERP exceed actual
expenses. Where expenses are less than the ITVERP reimbursement plus
any collateral sources, the claimant would be required to return the
excess ITVERP payment. In the event that expenses are covered by
another source, the claimant cannot be reimbursed for the same expense
under ITVERP.
A comment from a Federal agency expressed concern about whether
victims might receive a compensatory damage award from another Federal
government source, such as the U.S. Treasury, and still be eligible for
reimbursement under the ITVERP. As noted above, a victim would not be
eligible under Sec. 94.25 to receive reimbursement from the ITVERP for
an expense for which he has already received reimbursement.
Compensatory damage awards, by definition, typically make payment based
on specific losses incurred. In cases where there are such awards, the
ITVERP would not reimburse a victim for those expenses already covered
by the award. If, however, a Federal government payment constituted
supplemental reimbursement for a specific expense beyond the maximum
amount reimbursed for that expense covered by the ITVERP, such payment
would not be considered a collateral source, and would not diminish the
amount to which a victim would otherwise be entitled under the ITVERP.
Victims Covered
One comment by a victim indicated concern that the ITVERP would be
uniformly applied to United States citizens as well as eligible
noncitizens. The ITVERP statute specifically defines ``victim'' to
include someone who is ``a national of the United States or an officer
or employee of the United States Government,'' 42 U.S.C.
10603c(a)(3)(A)(ii), which expressly includes certain non-citizens. In
addition, as previously noted in the section on Family Members, if the
direct victim was younger than 18 years of age, incompetent,
incapacitated, or deceased, additional family members would be
considered victims for purposes of obtaining mental health counseling
(42 U.S.C. 10603c(a)(3)(B)). Such family members need not be United
States citizens or officers or employees of the United States to be
eligible. The commenter also questioned whether reimbursement should be
available only to innocent victims. The statute addresses this issue by
creating an express statutory exception that ``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'' (42 U.S.C. 10603c(a)(3)(C)).
Application Requirements
Three comments (one from a national victim assistance group, one
from a federal agency, and the third from a victim) related to
application procedures. The national organization expressed its support
for the statutory provision allowing retroactive filing of claims back
to December 1988, and for the provision allowing for extensions (at the
discretion of the Director) of the
[[Page 52450]]
three-year deadline for filing applications (see Sec. 94.32).
The national organization and the victim suggested that it was
difficult for claimants who may be operating in a state of shock to
remember to retain original receipts, especially after a substantial
amount of time has elapsed. Although the regulation requires original
receipts for the expenses to be reimbursed, Sec. 94.31 takes into
account situations where original receipts may not be available. In
such cases (at the discretion of the Director of OVC), the claimant may
submit an itemized list of expenses along with a certification that the
original receipts are unavailable and a statement attesting that the
items and amounts submitted in the application are true and correct to
the best of the claimant's knowledge.
Confidentiality
One of the state victim compensation boards submitted a comment
expressing concern about the confidentiality of the information
submitted by the claimants. Specifically, the commenter was concerned
that the initial ITVERP application, any supporting documents, and the
appeal material would become a public record. The organization was
concerned that measures should be taken to safeguard the privacy of the
victim and the victim's family.
Application materials and other supporting documents received from
claimants will be maintained in accordance with the U.S. Department of
Justice's applicable Privacy Act System of Records notice. The Freedom
of Information Act contains an exemption that protects the privacy
rights of individuals by prohibiting the disclosure of information that
would constitute a clearly unwarranted invasion of privacy. In
addition, 42 U.S.C. 10604(d) specifically prevents release of such
information, except pursuant to Federal law.
Emergency Responders
Two comments (one from a national victim assistance organization
and one from an interested individual) requested additional
clarification of the term ``emergency responder.'' Section 94.41(u)(1)
indicates that ``victim'' has the meaning given in 42 U.S.C.
10603c(a)(3)(A). Because of the statutory requirement of ``direct
physical or emotional injury as a result of international terrorism,''
the term ``victim'' is understood to include three basic groups of
individuals (all of whom are required by the Statute to be either
United States nationals, or officers or employees of the United States
Government): (1) Those who were present during the act of terrorism
(i.e., those who might be thought of as traditional victims); (2)
individuals who were present during the immediate aftermath of the act
which would include those who immediately assist at the site (e.g.,
``good Samaritans''); and (3) emergency responders who assisted in
efforts to search for and recover other victims. The common definition
of ``emergency responders'' includes those who are mission-essential
personnel involved in the search and rescue or recovery of other
victims. Traditionally, this includes police officers, firefighters,
and medical personnel engaged in these activities. Others may also be
included depending on the circumstances of the act of terrorism; for
example, if the act resulted in a collapsed building, structural
engineers and construction workers would likely be directly involved in
the rescue and recovery efforts.
Claim Filing
One comment by a state victim compensation board requested
clarification regarding whether multiple claims may be opened in the
name of one victim, and if not, how the ITVERP would select the
qualified claimant for each victim. As an expense reimbursement
program, the ITVERP is designed to ensure that those who pay for
certain expenses on behalf of a victim are reimbursed. There must be
some limitation, however, to reduce the administrative burden in
implementing this program, while at the same time ensuring that the
appropriate individuals are reimbursed. The regulation establishes an
effective system for achieving those goals by requiring, except in
extraordinary circumstances, that a single claim be filed by each
individual victim (or his representative if the victim is younger than
18 years of age, incompetent, incapacitated, or deceased). For that
reason, there shall ordinarily be only one claimant with respect to
each victim. A claimant submitting a claim for reimbursement as the
victim's representative must certify that he is a family member or
legal guardian authorized to submit the claim. When multiple sources
have contributed toward payment of the victim's expenses, limiting
reimbursement to a single claimant entrusts the victim (or the victim's
representative) with the fiduciary obligation to distribute
reimbursements, as appropriate, within the funding caps of the
regulation.
The only exception to the principle of a single claimant or
previously-authorized representative relates to interim emergency
payments. Section 94.41 of the regulation allows for the possibility
that in emergency situations there may be a need for others, such as a
family member or consular officer, to submit a claim on behalf of the
victim, to facilitate immediate treatment or travel. In such emergency
situations, the claimant is considered a representative of the victim
for that limited emergency purpose only. After the emergency has
passed, the victim (or his representative, if the victim is younger
than 18 years of age, incompetent, incapacitated, or deceased) would be
substituted as the claimant and would submit all subsequent or
supplemental claims.
As previously noted in the Family Members section, if the direct
victim is younger than 18 years of age, incompetent, incapacitated, or
deceased, Sec. 94.12(u)(2) specifies those family members who may also
be considered victims. In such cases, these additional victims are
eligible for reimbursement for mental health counseling and could file
individual claims in their own right.
State Department Handling of Funds
One comment by a state victim compensation board requested
clarification regarding how a U.S. Embassy would handle the collection
and distribution of funds on behalf of a victim in the limited
circumstance when a consular officer is authorized to file a claim on
behalf of a victim. The commenter specifically wondered if the funds
would be put in trust for the victim. Section 94.12(t) specifies that a
U.S. consular officer or U.S. embassy official may receive money on
behalf of a victim only if ``no family member or legal guardian is
available to file a claim for an interim emergency payment on behalf of
a victim under Sec. 94.41.'' A review of instances in which a U.S.
consular officer would need to file for such emergency expenses
confirms that all such transfers are expected to occur according to
currently established U.S. Department of State rules, which require
strict accountability through use of a trust. Because the Department of
State has already established strict accountability rules to govern the
disbursement of funds on behalf of American citizens abroad, the
Department of Justice will honor those rules in implementing the
ITVERP.
In the rare circumstance in which the amount of funds in an
emergency disbursement exceeds the actual amount necessary (e.g.,
medical evacuation costs were less than expected), excess funds would
be transferred back to the Antiterrorism Emergency Reserve of the Crime
Victims Fund. Those funds would again be available for
[[Page 52451]]
supplemental claims, provided the expenses were under the cap for that
category.
Travel Warnings
One comment from an interested individual expressed concern that
the eligibility restriction found in Sec. 94.21(c)(3)(iii) would
exclude all victims of an act of international terrorism if the act
occurred in a country for which the Department of State has issued a
travel warning. Although Sec. 94.21(c)(3)(iii) indicates a restriction
of eligibility based on travel warnings, the restriction depends on two
pre-conditions. First, Sec. 94.21(c)(3) requires that the victim ``(As
a non-U.S. Government employee), [was] acting as an advisor,
consultant, employee, or contractor, in a military or political
capacity.'' Thus, U.S. Government employees would not be excluded by
the restriction of Sec. 94.21(c)(3); in addition, a non-U.S.
Government employee would be eligible unless that individual were
working in a military or political capacity. Second, the Sec.
94.21(c)(3)(iii) restriction applies only to countries where the travel
warning was issued in relation to ``armed conflict.'' The Department of
State maintains a list of countries for which it has issued travel
warnings, some of which relate to armed conflict and others of which do
not; these warnings may be accessed via the Internet at http://www.travel.state.gov/travel.
(Please note that under Sec. 94.21(c)(4)
eligibility is predicated on the fact that a victim has not engaged in
grossly reckless conduct which contributed materially to his death or
injury.)
For example, the Department of State issued a travel warning for
Nigeria on December 1, 2005, based on ``increasing crime in Lagos, as
well as unrest in the Delta''; in contrast, the travel warning issued
on November 22, 2005, for Haiti was based on concern over ``violent
confrontations between armed groups'': If an incident were declared an
act of international terrorism, the warning for Nigeria would not
trigger a restriction in eligibility under the ITVERP, but the warning
for Haiti could trigger a restriction on eligibility if the non-U.S.
employee was acting as an advisor, consultant, employee, or contractor,
in a military or political capacity.
Regulatory Certifications
Executive Order 12866--Regulatory Planning and Review
This regulation has been drafted and reviewed in accordance with
Exec. Order No. 12866, section 1(b), 58 FR 51, 735 (Sept. 30, 1993),
Principles of Regulation. OJP has determined that this regulation is a
``significant regulatory action'' under Executive Order No. 12866, and
accordingly, this regulation has been reviewed by the Office of
Management and Budget.
Executive Order 13132--Federalism
This regulation will not have a substantial direct effect 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 Exec. Order
No. 13132, 64 FR 43, 255 (Aug. 4, 1999), it is determined that this
regulation does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Cost/Benefit Assessment
This 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, whose funds may not be obligated in an amount above $50
million in any given year. The cost to the Federal Government consists
both of administrative expenses and amounts reimbursed to victims. Both
types of costs depend on the number of claimants, prospective as well
as retroactive. Although spending is anticipated to be higher in the
initial years as a result of the number of potential retroactive
claimants (approximately 900), the program will not spend more than the
statutory maximum of $50 million each year.
Regulatory Flexibility Act
This regulation will not have a significant economic impact on a
substantial number of small entities. This 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 regulation on
such entities is not required under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.).
Paperwork Reduction Act of 1995
The collection of information requirements contained in this
regulation has been submitted to the Office of Management and Budget,
pursuant to the Paperwork Reduction Act (44 U.S.C. 3506). Applicants
seeking reimbursement from this program will be required to submit an
official application form (the International Terrorism Victim Expense
Reimbursement Program Application), that has been created by OVC. This
application is a new information collection instrument that will be
used to collect necessary information from and about the victims and
claimants regarding expenses incurred by them, to be used by OVC in
making a reimbursement determination. The total number of initial
respondents (including both direct victims and family members) for this
collection is estimated to be 2,000. This represents the estimated
number of claimants who are currently eligible to request reimbursement
under the ITVERP. The total initial public burden associated with this
initial information collection is estimated to be approximately 1,500
hours. The amount of time for an average respondent to respond/reply is
estimated to be approximately 45 minutes.
Unfunded Mandates Reform Act of 1995
This regulation will 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.
List of Subjects in 28 CFR Part 94
Administrative practice and procedures, International terrorism,
Victim compensation.
Accordingly, for the reasons set forth in the preamble, Title 28 of
the Code of Federal Regulations is amended to add a new part 94, to
read as follows:
PART 94--CRIME VICTIM SERVICES
Subpart A--International Terrorism Victim Expense Reimbursement Program
Introduction
Sec.
94.11 Purpose; construction and severability.
94.12 Definitions.
94.13 Terms.
Coverage
94.21 Eligibility.
94.22 Categories of expenses.
94.23 Amount of reimbursement.
94.24 Determination of award.
94.25 Collateral sources.
[[Page 52452]]
Program Administration
94.31 Application procedures.
94.32 Application deadline.
94.33 Investigation and analysis of claims.
Payment of Claims
94.41 Interim emergency payment.
94.42 Repayment and waiver of repayment.
Appeal Procedures
94.51 Request for reconsideration.
94.52 Final agency decision.
Appendix to Subpart A--International Terrorism Victim Expense
Reimbursement Program (ITVERP) Chart of Expense Categories and Limits
Subpart B--[Reserved]
Subpart C--[Reserved]
Subpart D--[Reserved]
Authority: Victims of Crime Act (VOCA), Title II, Secs. 1404C
and 1407 (42 U.S.C. 10603c, 10604).
Subpart A--International Terrorism Victim Expense Reimbursement
Program
Introduction
Sec. 94.11 Purpose; construction and severability.
(a) The purpose of this subpart is to implement the provisions of
VOCA, Title II, Sec. 1404C (42 U.S.C. 10603c), which authorize the
Director (Director), Office for Victims of Crime (OVC), a component of
the Office of Justice Programs (OJP), to establish a program to
reimburse eligible victims of acts of international terrorism that
occur outside the United States, for expenses associated with that
victimization.
(b) Any provision of this part held to be invalid or unenforceable
by its terms, or as applied to any person or circumstance, shall be
construed so as to give it the maximum effect permitted by law, unless
such holding shall be one of utter invalidity or unenforceability, in
which event such provision shall be deemed severable from this part and
shall not affect the remainder thereof or the application of such
provision to other persons not similarly situated or to other,
dissimilar circumstances.
Sec. 94.12 Definitions.
The following definitions shall apply to this subpart:
(a) Child means any biological or legally-adopted child, or any
stepchild, of a deceased victim, who, at the time of the victim's
death, is--
(1) Younger than 18 years of age; or
(2) Over 18 years of age and a student, as defined in 5 U.S.C.
8101.
(b) Claimant means a victim, or his representative, who is
authorized to sign and submit an application, and receive payment for
reimbursement, if appropriate.
(c) Collateral sources means sources that provide reimbursement for
specific expenses compensated under this subpart, including property,
health, disability, or other insurance for specific expenses; Medicare
or Medicaid; workers' compensation programs; military or veterans'
benefits of a compensatory nature; vocational rehabilitation benefits;
restitution; and other state, Federal, foreign, and international
compensation programs: except that any reimbursement received under
this subpart shall be reduced by the amount of any lump sum payment
whatsoever, received from, or in respect of the United States or a
foreign government, unless the claimant can show that such payment was
for a category of expenses not covered under this subpart. To the
extent that a claimant has an unsatisfied judgment against a foreign
government based on the same act of terrorism, the value of that
unsatisfied judgment shall be counted as a lump sum payment for
expenses covered under this subpart, unless the claimant agrees to
waive his right to sue the United States government for satisfaction of
that judgment.
(d) Deceased means individuals who are dead, or are missing and
presumed dead.
(e) Dependent has the meaning given in 26 U.S.C. 152. If the victim
was not required by law to file a U.S. Federal income tax return for
the year prior to the act of international terrorism, an individual
shall be deemed to be a victim's dependent if he was reliant on the
income of the victim for over half of his support in that year.
(f) Employee of the United States Government means any person who--
(1) Is an employee of the United States government under Federal
law; or
(2) Receives a salary or compensation of any kind from the United
States Government for personal services directly rendered to the United
States, similar to those of an individual in the United States Civil
Service, or is a contractor of the United States Government (or an
employee of such contractor) rendering such personal services.
(g) Funeral and burial means those activities involved in the
disposition of the remains of a deceased victim, including preparation
of the body and body tissue, refrigeration, transportation, cremation,
procurement of a final resting place, urns, markers, flowers and
ornamentation, costs related to memorial services, and other
reasonably-associated activities, including travel for not more than
two family members.
(h) Incapacitated means substantially impaired by mental illness or
deficiency, or by physical illness or disability, to the extent that
personal decision-making is impossible.
(i) Incompetent means unable to care for oneself because of mental
illness or disability, mental retardation, or dementia.
(j) International terrorism has the meaning given in 18 U.S.C.
2331. As of the date of these regulations, the statute defines the term
to mean ``activities that--
(1) Involve violent acts or acts dangerous to human life that are a
violation of the criminal laws of the United States or of any State, or
that would be a criminal violation if committed within the jurisdiction
of the United States or of any State;
(2) Appear to be intended--
(i) To intimidate or coerce a civilian population;
(ii) To influence the policy of a government by intimidation or
coercion; or
(iii) To affect the conduct of a government by mass destruction,
assassination, or kidnaping; and
(3) Occur primarily outside the territorial jurisdiction of the
United States, or transcend national boundaries in terms of the means
by which they are accomplished, the persons they appear intended to
intimidate or coerce, or the locale in which their perpetrators operate
or seek asylum.''
(k) Legal guardian means legal guardian, as the term is defined
under the laws of the jurisdiction of which the ward is or was a legal
resident, except that if the ward is or was a national of the United
States, the legal guardianship must be pursuant to an order of a court
of competent jurisdiction of or within the United States.
(l) Medical expenses means costs associated with the treatment,
cure, or mitigation of a disease, injury, or mental or emotional
condition that is the result of an act of international terrorism.
Allowable medical expenses include reimbursement for eyeglasses or
other corrective lenses, dental services, rehabilitation costs,
prosthetic or other medical devices, prescription medication, and other
services rendered in accordance with a method of healing recognized by
the jurisdiction in which the medical care is administered.
(m) Mental health care means mental health care provided by an
individual who meets professional standards to provide these services
in the jurisdiction in which the care is administered.
[[Page 52453]]
(n) National of the United States has the meaning given in section
101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
As of the date of these regulations, the statute defines the term to
mean ``(A) a citizen of the United States, or (B) a person who, though
not a citizen of the United States, owes permanent allegiance to the
United States.''
(o) Officer of the United States government has the meaning given
in 5 U.S.C. 2104.
(p) Outside the United States means outside any state of the United
States, the District of Columbia, the U.S. Virgin Islands, the
Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and any other possession or territory of
the United States.
(q) Parent means a biological or legally-adoptive parent, or a
step-parent, unless his parental rights have been terminated in the
jurisdiction where the child is or was a legal resident, except that if
the child or either parent is a national of the United States, the
termination must be pursuant to an order of a court of competent
jurisdiction of or within the United States.
(r) Property loss refers to items of personal property (other than
medical devices, which are included in the category of ``medical
expenses'') that are lost, destroyed, or held as evidence.
(s) Rehabilitation costs includes reasonable costs for the
following: physiotherapy; occupational therapy; counseling, and
workplace, vehicle, and home modifications.
(t) Representative means a family member or legal guardian
authorized to file a claim on behalf of a victim who is younger than 18
years of age, incompetent, incapacitated, or deceased, except that no
individual who was criminally culpable for the act of international
terrorism shall be considered a representative. In the event that no
family member or legal guardian is available to file a claim for an
interim emergency payment on behalf of a victim, under Sec. 94.41, a
U.S. consular officer or U.S. embassy official within the country may
act as a representative, consistent with any limitation on his
authority contained in 22 CFR 92.81(b).
(u) Victim has the meaning given in 42 U.S.C. 10603c(a)(3)(A), it
being understood that the term ``person'' in that section means the
following:
(1) (i) An individual who was present during the act of terrorism;
(ii) An individual who was present during the immediate aftermath
of the act of terrorism; or
(iii) An emergency responder who assisted in efforts to search for
and recover other victims; and
(2) The spouse, children, parents, and siblings of a victim
described in paragraph (u)(1) of this Section, and other persons, at
the discretion of the Director, shall be considered ``victims'', when
the person described in such paragraph--
(i) Dies as a result of the act of terrorism;
(ii) Is younger than 18 years of age (or is incompetent or
incapacitated) at the time of the act of terrorism, or;
(iii) Is rendered incompetent or incapacitated as a result of the
act of terrorism.
Sec. 94.13 Terms.
The first three provisions of 1 U.S.C. 1 (rules of construction)
shall apply to this subpart.
Coverage
Sec. 94.21 Eligibility.
(a) Except as provided in paragraphs (b) and (c) of this section,
reimbursement of qualified expenses under this subpart is available to
a victim of international terrorism or his representative, pursuant to
42 U.S.C. 10603c(a)(3)(A). For purposes of eligibility for this program
only, the Attorney General shall determine whether there is a
reasonable indication that an act was one of international terrorism,
within the meaning of that section.
(b) Reimbursement shall be denied to any claimant if the Director,
in consultation with appropriate Department of Justice (DOJ) officials,
determines that there is a reasonable indication that either the victim
with respect to whom the claim is made, or the claimant, was criminally
culpable for the act of international terrorism.
(c) Reimbursement may be reduced or denied to a claimant if the
Director, in consultation with appropriate DOJ officials, determines
that the victim with respect to whom the claim is made contributed
materially to his own death or injury by--
(1) Engaging in conduct that violates U.S. law or the law of the
jurisdiction in which the act of international terrorism occurred;
(2) Acting as a mercenary or ``soldier of fortune'';
(3) (As a non-U.S. Government employee), acting as an advisor,
consultant, employee, or contractor, in a military or political
capacity--
(i) For a rebel or paramilitary organization;
(ii) For a government not recognized by the United States; or
(iii) In a country in which an official travel warning issued by
the U.S. Department of State related to armed conflict was in effect at
the time of the act of international terrorism; or
(4) Engaging in grossly reckless conduct.
Sec. 94.22 Categories of expenses.
The following categories of expenses, generally, may be reimbursed,
with some limitations, as noted in Sec. 94.23: medical care; mental
health care; property loss; funeral and burial; and miscellaneous
expenses (including temporary lodging, emergency travel, and
transportation). Under this subpart, the Director shall not reimburse
for attorneys' fees, lost wages, or non-economic losses (such as pain
and suffering, loss of enjoyment of life, loss of consortium, etc.).
Sec. 94.23 Amount of reimbursement.
Different categories of expenses are capped, as set forth in the
chart below. Those caps may be adjusted, from time to time, by
rulemaking. The cap in effect within a particular expense category, at
the time that the application is received, shall apply to the award.
Sec. 94.24 Determination of award.
After review of each application, the Director shall determine the
eligibility of the victim or representative and the amount, if any,
eligible for reimbursement, specifying the reasons for such
determination and the findings of fact and conclusions of law
supporting it. A copy of the determination shall be mailed to the
claimant at his last known address.
Sec. 94.25 Collateral sources.
(a) The amount of expenses reimbursed to a claimant under this
subpart shall be reduced by any amount that the claimant receives from
a collateral source in connection with the same act of international
terrorism. In cases in which a claimant receives reimbursement under
this subpart for expenses that also will or may be reimbursed from
another source, the claimant shall subrogate the United States to the
claim for payment from the collateral source up to the amount for which
the claimant was reimbursed under this subpart.
(b) Notwithstanding paragraph (a) of this section, when a
collateral source provides supplemental reimbursement for a specific
expense, beyond the maximum amount reimbursed for that expense under
this subpart, the claimant's award under this subpart shall not be
reduced by the amount paid by the collateral source, nor shall the
[[Page 52454]]
claimant be required to subrogate the United States to the claim for
payment from the collateral source, except that in no event shall the
combined reimbursement under this subpart and any collateral source
exceed the actual expense.
Program Administration
Sec. 94.31 Application procedures.
(a) To receive reimbursement, a claimant must submit a completed
application under this program requesting payment based on an itemized
list of expenses, and must submit original receipts.
(b) Notwithstanding paragraph (a) of this Section, in cases
involving incidents of terrorism preceding the establishment of this
program where claimants may not have original receipts, and in cases in
which the claimant certifies that the receipts have been destroyed or
lost, the Director may, in his discretion, accept an itemized list of
expenses. In each such case, the claimant must certify that original
receipts are unavailable and attest that the items and amounts
submitted in the list 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.
Sec. 94.32 Application deadline.
The deadline for an application is three years from the date of the
act of international terrorism. At the discretion of the Director, the
deadline for filing a claim may be extended to a date not later than
three years from the date of the determination that there is a
reasonable indication that an act of international terrorism has
occurred, under Sec. 94.21(a). For claims related to acts of
international terrorism that occurred after December 21, 1988, but
before the establishment of this program, the application deadline is
three years from the effective date of these regulations.
Sec. 94.33 Investigation and analysis of claims.
The Director may seek an expert examination of claims submitted if
he believes there is a reasonable basis for requesting additional
evaluation. The claimant, in submitting an application for
reimbursement, authorizes the Director to release information regarding
claims or expenses listed in the application to an appropriate body for
review. If the Director initiates an expert review, no identifying
information for the victim or representative shall be released.
Payment of Claims
Sec. 94.41 Interim emergency payment.
Claimants may apply for an interim emergency payment, prior to a
determination under Sec. 94.21(a). If the Director determines that
such payment is necessary to avoid or mitigate substantial hardship
that may result from delaying reimbursement until complete and final
consideration of an application, such payment may be made to cover
immediate expenses such as those of medical care, funeral and burial,
short-term lodging, and emergency transportation. The amount of an
interim emergency payment shall be determined on a case-by-case basis,
and shall be deducted from the final award amount.
Sec. 94.42 Repayment and waiver of repayment.
A victim or representative shall reimburse the program upon a
determination by the Director that an interim emergency award or final
award was: Made to an ineligible victim or claimant; based on
fraudulent information; or an overpayment. Except in the case of
ineligibility pursuant to a determination by the Director, in
consultation with appropriate DOJ officials, under Sec. 94.21(b), the
Director may waive such repayment requirement in whole or in part, for
good cause, upon request.
Appeal Procedures
Sec. 94.51 Request for reconsideration.
A victim or representative may, within thirty (30) days after
receipt of the determination under Sec. 94.24, appeal the same to the
Assistant Attorney General for the Office of Justice Programs, by
submitting a written request for review. The Assistant Attorney General
may conduct a review and make a determination based on the material
submitted with the initial application, or may request additional
documentation in order to conduct a more thorough review. In special
circumstances, the Assistant Attorney General may determine that an
oral hearing is warranted; in such cases, the hearing shall be held at
a reasonable time and place.
Sec. 94.52 Final agency decision.
In cases that are not appealed under Sec. 94.51, the Director's
determination pursuant to Sec. 94.24 shall be the final agency
decision. In all cases that are appealed, the Assistant Attorney
General shall issue a notice of final determination, which shall be the
final agency decision, setting forth the findings of fact and
conclusions of law supporting his determination.
Appendix to Subpart A--International Terrorism Victim Expense
Reimbursement Program (ITVERP); Chart of Expense Categories and Limits
There are five major categories of expenses for which claimants
may seek reimbursement under the ITVERP: (1) Medical expenses,
including dental and rehabilitation costs; (2) Mental health care;
(3) Property loss, repair, and replacement; (4) Funeral and burial
costs; and (5) Miscellaneous expenses.
----------------------------------------------------------------------------------------------------------------
Expense categories Subcategories and conditions Expense limits
----------------------------------------------------------------------------------------------------------------
Medical expenses, including dental and Victim's medical care, including, Up to $50,000.
rehabilitation costs. without 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.
[[Page 52455]]
Mental health care.................... Victim's (and, when victim is a minor, Up to 12 months, but not to
incompetent, incapacitated, or exceed $5,000.
deceased, certain family members')
mental health counseling costs.
Property loss, repair, and replacement Includes crime scene cleanup, and Up to $10,000 to cover repair
replacement of personal property (not or replacement, whichever is
including medical devices) that is less.
lost, destroyed, or held as evidence.
Funeral and burial costs.............. Includes, without limitation, the cost Up to $25,000.
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.
Miscellaneous expenses................ Includes, without limitation, temporary Up to $15,000.
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.
----------------------------------------------------------------------------------------------------------------
Subpart B--[Reserved]
Subpart C--[Reserved]
Subpart D--[Reserved]
Dated: August 28, 2006.
Regina B. Schofield,
Assistant Attorney General, Office of Justice Programs.
[FR Doc. E6-14678 Filed 9-5-06; 8:45 am]
BILLING CODE 4410-18-P