[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Rules and Regulations]
[Pages 19909-19910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8479]


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DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 94

[Docket No.: OJP (OVC) 1539]
RIN 1121-AA78


International Terrorism Victim Expense Reimbursement Program

AGENCY: Office of Justice Programs, Justice.

ACTION: Interim-final rule.

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SUMMARY: The Office for Victims of Crime (OVC) is promulgating this 
interim-final rule for its International Terrorism Victim Expense 
Reimbursement Program (ITVERP) in order to remove a regulatory 
limitation on the discretion of the Director of OVC to accept claims 
filed more than three years after the date that an incident is 
designated as an incident of international terrorism.

DATES: 
    Effective date: This interim-final rule is effective April 11, 
2011.
    Comment date: Written comments must be submitted on or before June 
10, 2011.

FOR FURTHER INFORMATION CONTACT: Chandria Slaughter, Grant Program 
Specialist, International Terrorism Victim Expense Reimbursement 
Program, at 202-307-5983.

SUPPLEMENTARY INFORMATION:

I. Posting of Public Comments

    Please note that all comments received are considered part of the 
public record and made available for public inspection online at http://www.regulations.gov. Information made available for public inspection 
includes personal identifying information (such as your name, address, 
etc.) voluntarily submitted by the commenter.
    If you wish to submit personal identifying information (such as 
your name, address, etc.) as part of your comment, but do not wish it 
to be posted online, you must include the phrase ``PERSONAL IDENTIFYING 
INFORMATION'' in the first paragraph of your comment. You must also 
locate all the personal identifying information that you do not want 
posted online in the first paragraph of your comment and identify what 
information you want the agency to redact. Personal identifying 
information identified and located as set forth above will be placed in 
the agency's public docket file, but not posted online.
    If you wish to submit confidential business information as part of 
your comment but do not wish it to be posted online, you must include 
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph 
of your comment. You must also prominently identify confidential 
business information to be redacted within the comment. If a comment 
has so much confidential business information that it cannot be 
effectively redacted, the agency may choose not to post that comment 
(or to only partially post that comment) on http://www.regulations.gov. 
Confidential business information identified and located as set forth 
above will not be placed in the public docket file, nor will it be 
posted online.
    If you wish to inspect the agency's public docket file in person by 
appointment, please see the FOR FURTHER INFORMATION CONTACT paragraph.

II. Background

    ITVERP is a Federal program that provides reimbursement to 
nationals of the United States and Federal government employees (and 
certain family members of such individuals, under some circumstances), 
who are victims of international terrorism and who incur expenses as a 
result of such incidents. For further information, see the ITVERP Web 
site at http://www.ojp.usdoj.gov/ovc/intdir/itverp.
    OVC is promulgating (pursuant to 42 U.S.C. 10603c and 42 U.S.C. 
10604(a)) this interim-final rule to provide the Director of OVC with 
express discretionary authority to accept claims filed more than three 
years after the date that an incident is designated as one of 
international terrorism. Largely owing to considerations of 
administrative convenience, the present ITVERP rule regarding 
application deadlines limits the period within which OVC would 
entertain waivers of claim filing deadlines. Based on experience 
administering the program since it went into effect in 2006, OVC has 
determined that this limit on waivers of late claims may lead to 
denials of reimbursement for victims with otherwise meritorious claims, 
even under circumstances where tolling of the deadline would be 
appropriate.
    The rule will allow the Director of OVC to toll or extend the 
deadline for a late-filed claim where the Director finds good cause to 
do so. In the ordinary course, a showing of good cause generally would 
require that the claimant submit a written explanation--satisfactory to 
the Director--for missing the deadline. Examples of good cause include 
situations where a victim's treatment for injuries sustained in an 
incident were covered initially by collateral sources, but these 
sources later become unavailable after the filing deadline has expired; 
where outreach to overseas claimants has not been effective; and where 
a claimant's extended illness, living abroad in remote areas for 
extended periods of time, or barriers to accessing information about 
the program led to the late filing. Absent circumstances consonant with 
the foregoing, good cause would not exist; thus, for example, 
claimant's missing the deadline due to mere inattentiveness to the 
program's deadlines would not be sufficient to establish good cause.
    The amended rule will not alter any existing regulatory deadlines, 
nor will it impose any new deadlines (or any burden whatsoever) on 
claimants, but instead merely will operate to relieve an administrative 
restriction, in the existing rule, on claim filing (such rule having 
been promulgated largely for the administrative convenience of OVC, 
which has found it, over the course of four years of program 
administration, to be unnecessary). This rule is being published in 
interim-final form, effective immediately, as there are presently 
ITVERP claims before OVC that might otherwise be unnecessarily denied 
or delayed.

III. Regulatory Requirements

Executive Order 12866--Regulatory Planning and Review

    This regulation has been drafted 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 not a 
``significant regulatory action'' under Executive Order No. 12866. 
Nevertheless, this regulation has been reviewed, in accordance with the 
general principles of Executive Order No. 12866, by the Office of 
Management and Budget.

Administrative Procedure Act

    OVC's implementation of this rule as an interim-final rule, with 
provision for post-promulgation public comment, is based on findings of 
good cause pursuant to the Administrative Procedure Act (5 U.S.C. 
553(b)(3)(B) and (d)). This minor rule amendment merely alleviates a 
procedural restriction on

[[Page 19910]]

ITVERP claimants that might otherwise lead to the denial of meritorious 
claims from victims, even where such victims show good cause for 
delayed filing.
    The rule would not adversely affect any segment of the public 
whatsoever, as it would not result in the denial of any additional 
claims, and therefore advance notice and public comment are 
unnecessary. The present rule clearly is one that ``grants or 
recognizes an exemption or relieves a restriction,'' and, therefore, 
waiver of the 30-day period prior to the rule's taking effect is 
likewise appropriate here. See 5 U.S.C. 553(d)(1). The changes made by 
this interim-final rule remove an unnecessary administrative 
restriction on claim filing, and operate for the benefit of victims of 
international terrorism who may apply for the program.
    As there are presently ITVERP claims before OVC that might 
otherwise be unnecessarily denied or delayed absent this amendment, it 
is impractical and contrary to the public interest to delay 
implementation of this rule. Moreover, the portion of the ITVERP rule 
amended by this interim-final rule directly affects only the Director 
of OVC, and the Director has ``actual notice'' of this rule, per 5 
U.S.C. 553(b). OVC believes that the rule is noncontroversial and 
adverse comments will not be received, although comments on this rule 
are invited. Accordingly, OVC finds that ``good cause'' exists under 5 
U.S.C. 553(b)(B) and 553(d) to make this rule effective upon 
publication in the Federal Register. Public comment after this rule is 
published is welcomed, and will be carefully reviewed to ensure that 
any substantive concerns or issues are addressed.

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. It merely alleviates an administrative 
restriction on victim claim filing by permitting the OVC Director to 
allow late filing where the Director determines that this is 
appropriate. 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, 
which is capped at $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. This rule is not 
expected to significantly increase the number of eligible claimants, 
and therefore the negligible cost potentially associated with allowing 
certain late-filed claims to be processed is clearly outweighed by 
considerations of fairness in the program's administration (given that 
the program is relatively new) and the benefit of ensuring that victims 
eligible for, and in need of, reimbursement for injuries and losses 
from overseas terrorism are provided such reimbursement. This 
regulation is not expected to substantially increase the overall 
budgetary impact of the ITVERP.

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

    This rule contains no new information collection or record-keeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, 
et seq.).

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, 
part 94, subpart A of the Code of Federal Regulations is amended as 
follows:

PART 94--CRIME VICTIM SERVICES

0
1. The authority citation for part 94 continues to read as follows:

    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

0
2. Revise Sec.  94.32 to read as follows:


Sec.  94.32  Application deadline.

    For claims related to acts of international terrorism that occurred 
after October 6, 2006, the deadline to file an application is three 
years from the date of the act of international terrorism. For claims 
related to acts of international terrorism that occurred between 
December 21, 1988, and October 6, 2006, the deadline to file an 
application is October 6, 2009. At the discretion of the Director, the 
deadline for filing a claim may be tolled or extended upon a showing of 
good cause.

    Dated: March 31, 2011.
Laurie O. Robinson,
Assistant Attorney General.
[FR Doc. 2011-8479 Filed 4-8-11; 8:45 am]
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