Terrorism Victim Expense Reimbursement Program

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.

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.

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