[Federal Register Volume 88, Number 13 (Friday, January 20, 2023)]
[Rules and Regulations]
[Pages 3654-3657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01023]


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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: Adoption of interim rule as final; technical corrections.

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SUMMARY: The Office for Victims of Crime (``OVC'') is promulgating this 
final rule for its International Terrorism Victim Expense Reimbursement 
Program (``ITVERP''), in order to finalize the interim final rule 
published on April 11, 2011, which removed 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. This final rule also makes non-
substantive technical corrections to update citations to reflect the 
current location of the cited provisions.

DATES: This final rule is effective January 20, 2023.

ADDRESSES: For further information, see the ITVERP website at http://www.ojp.usdoj.gov/ovc/intdir/itverp.

FOR FURTHER INFORMATION CONTACT: Victoria Jolicoeur, ITVERP, Office for

[[Page 3655]]

Victims of Crime, Office of Justice Programs, U.S. Department of 
Justice, 810 7th Street NW, Washington, DC 20531; (202) 307-5134.

SUPPLEMENTARY INFORMATION:

I. 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 
website at http://www.ojp.usdoj.gov/ovc/intdir/itverp.
    Pursuant to 34 U.S.C. 20106 and 34 U.S.C. 20110(a), OVC promulgated 
an 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 original ITVERP rule (promulgated in 2006) among other 
things limited the period within which OVC would entertain waivers of 
claim-filing deadlines. In 2011, based on experience administering the 
program since it went into effect in 2006, OVC determined that this 
limit on waivers of late claims could lead to denials of reimbursement 
for victims with otherwise meritorious claims, even under circumstances 
where tolling of the deadline would be justified.
    This rule adopts as final the interim rule published April 11, 
2011, at 76 FR 19909, which allows 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 requires that the claimant submit a written explanation--
satisfactory to the Director--for missing the deadline. Generally 
speaking, examples of good cause might include situations such as 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, a claimant's missing the 
deadline due to mere inattentiveness to the program's deadlines would 
not be sufficient to establish good cause.
    The interim final rule did not alter any then-existing regulatory 
deadlines, nor did it impose any new deadlines (or any burden 
whatsoever) on claimants, but instead merely operated to relieve an 
administrative restriction, in the then-existing rule, on claim filing 
(such rule having been promulgated largely for the administrative 
convenience of OVC, which had found it, over the course of four years 
of program administration, to be unnecessary). In these respects, the 
final rule is the same.
    OVC had intended to finalize this interim-final rule as part of a 
larger revision of the program rules shortly after publication of the 
interim-final rule, but that effort ended up not moving forward. Other 
priorities, including updating program rules for the Victims of Crime 
Act of 1984 (``VOCA'') Victim Assistance Program, and administration 
and oversight responsibilities relating to the substantial increase in 
VOCA funding that started in FY 2015, took priority after that.
    The non-substantive updates to the citations are to ensure that the 
citations accurately point to the substantive provision originally 
intended when subpart A was promulgated in 2006, and when subpart B was 
promulgated in 2016. In 2017, many citations to provisions in Title 42 
of the United States Code were reclassified to Title 34. In addition, 2 
CFR part 200 was amended in 2020, and certain sections were shifted by 
one number. The updates herein adjust the citations to reflect the new 
locations of the same substantive provisions.

III. Regulatory Requirements

Executive Orders 12866 and 13563--Regulatory Review

    This final rule has been drafted in accordance with Executive Order 
12866, ``Regulatory Planning and Review,'' section 1(b), The Principles 
of Regulation, and in accordance with Executive Order 13563, 
``Improving Regulation and Regulatory Review'' section 1, General 
Principles of Regulation. Executive Orders 12866 and 13563 direct 
agencies, in certain circumstances, to assess all costs and benefits of 
available regulatory alternatives and, if regulation is necessary, to 
select regulatory approaches that maximize net benefits (including 
potential economic, environmental, public health and safety effects, 
distributive impacts, and equity).
    OVC has determined that this final rule is not a ``significant 
regulatory action'' under Executive Order 12866, Regulatory Planning 
and Review, section 3(f), and, accordingly, this rule has not been 
reviewed by the Office of Management and Budget. This rule finalizes 
the 2011 interim final rule, which OVC also determined was not a 
``significant regulatory action,'' without change.

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 OVC has determined that the negligible cost potentially 
associated with allowing certain late-filed claims to be processed is 
outweighed by considerations of fairness in the program's 
administration and the benefit of ensuring that U.S. victims otherwise 
eligible for, and in need of, reimbursement for injuries and losses 
from overseas terrorism are provided such reimbursement. This rule has 
not, and is not expected to, materially increase the overall budgetary 
impact of the ITVERP.

Administrative Procedure Act

    This rule concerns matters relating to ``grants, benefits, or 
contracts,'' 5 U.S.C. 553(a)(2). It is therefore statutorily exempt 
from the requirement of notice and comment and a 30-day delay in the 
effective date. Moreover, to the extent that it ``recognizes an 
exemption or relieves a restriction'' on claimant filing, it is exempt 
from the 30-day delay in the effective date per 5 U.S.C. 553(d). 
Moreover, with regard to the citation corrections, OVC finds that 
notice and comment would be unnecessary because the citation updates 
are non-substantive--the underlying substantive provisions remain the 
same, and therefore good cause exists to dispense

[[Page 3656]]

with notice and comment per 5 U.S.C. 553(b)(B), and a delayed effective 
date, pursuant to 5 U.S.C. 553(d).
    Although it was not required to do so, upon publication of the 
interim-final rule in 2011, OVC provided for post-promulgation public 
comment. OVC received two comments, one of which was not responsive. 
The only responsive comment advocated for a statutory-definition change 
beyond the scope of this rulemaking, questioned the cost of the 
program, requested that information about payments be posted on the 
internet, and opposed ``paying claims that are more than 3 years old 
and leaving that to the `discreation' [sic] of the director . . . .'' 
OVC does, in fact, post detailed information on its website about 
program payments, with breakouts by number of claims, amounts paid in 
each expense category, and other claim processing information, and has 
done so since 2008. Moreover, the Director's discretion is limited to 
situations where a claimant shows good cause to waive the filing 
deadline. For example, in FY 2018, of the 36 new applications received 
during the reporting period, 4 were granted an extension; in FY 2019, 
of 33 new applicants, 1 was granted an extension. ITVERP is a very 
small program, both in terms of number of claims and amounts paid. It 
received an average of 35 claims per year from FY 2011 through FY 2019. 
The total amount paid for all claims added together in the FY 2017 
reporting period was $264,734.07; in FY 2018 was $145,046, and in FY 
2019 was $155,298. Consequently, the entire program has a de-minimis 
budgetary impact, and the limited number of extensions granted each 
year do not materially change that.
    This rule finalizes that interim-final rule, which made a minor 
amendment to alleviate a procedural restriction on ITVERP claimants 
that might otherwise have led to the denial of meritorious claims from 
victims, even where such victims show good cause for delayed filing.

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 43255 (Aug. 4, 1999), it is determined that this 
regulation does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Executive Order 12988

    This final rule meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988, ``Civil Justice 
Reform.''

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 proposed 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.

Congressional Review Act

    This rule is not a major rule as defined by the Congressional 
Review Act, 5 U.S.C. 804. It will not result in an annual effect on the 
economy of $100 million or more; a major increase in costs or prices 
for consumers, individual industries, Federal, State, or local 
government agencies, or geographic regions; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based enterprises to 
compete with foreign-based enterprises in domestic and export markets.

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, the Office 
of Justice Programs adopts the interim rule published April 11, 2011, 
at 76 FR 19909, as final without change and makes technical corrections 
to title 28, part 94 of the Code of Federal Regulations as follows:

PART 94--CRIME VICTIM SERVICES

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

    Authority: 34 U.S.C. 20103, 20106, 20110(a), 20111.

Subpart A--International Terrorism Victim Expense Reimbursement 
Program


Sec.  94.11  [Amended]

0
2. Amend Sec.  94.11 in paragraph (a) by removing ``42 U.S.C. 10603c'' 
and adding in its place ``34 U.S.C. 20106''.


Sec.  94.12   [Amended]

0
3. Amend Sec.  94.12 in paragraph (u) introductory text by removing 
``42 U.S.C. 10603c(a)(3)(A)'' and adding in its place ``34 U.S.C. 
20106(a)(3)(A)''.


Sec.  94.21   [Amended]

0
4. Amend Sec.  94.21 in paragraph (a) by removing ``42 U.S.C. 
10603c(a)(3)(A)'' and adding in its place ``34 U.S.C. 20106(a)(3)(A)''.

Subpart B--VOCA Victim Assistance Program


Sec.  94.101   [Amended]

0
5. Amend Sec.  94.101 in paragraph (a) by removing ``42 U.S.C. 10603'' 
and adding in its place ``34 U.S.C. 20103'' and in paragraph (b) by 
removing ``42 U.S.C. 10604(a)'' and adding in its place ``34 U.S.C. 
20110(a)''.


Sec.  94.102  [Amended]

0
6. Amend Sec.  94.102, in introductory text of the definition of Direct 
services or services to victims of crime, by removing ``42 U.S.C. 
10603(d)(2)'' and adding in its place ``34 U.S.C. 20103(d)(2)''.


Sec.  94.103  [Amended]

0
7. Amend Sec.  94.103 in paragraph (b) introductory text by removing 
``42 U.S.C. 10603(a)(2)'' and adding in its place ``34 U.S.C. 
20103(a)(2)'' and in paragraph (g) by removing ``2 CFR 200.336'' and 
adding in its place ``2 CFR 200.337''.


Sec.  94.104   [Amended]

0
8. Amend Sec.  94.104 in paragraph (b) introductory text by removing 
``42 U.S.C. 10603(a)(2)(A)'' and adding in its place ``34 U.S.C. 
20103(a)(2)(A)'' and in paragraph (c) by removing ``42 U.S.C. 
10603(a)(2)(B)'' and adding in its place ``34 U.S.C. 20103(a)(2)(B)''.

[[Page 3657]]

Sec.  94.106   [Amended]

0
9. Amend Sec.  94.106 in paragraph (a) by removing ``2 CFR 200.331'' 
and adding in its place ``2 CFR 200.332''.


Sec.  94.107   [Amended]

0
10. Amend Sec.  94.107 in paragraph (a) by removing ``42 U.S.C. 
10603(b)(3)'' and adding in its place ``34 U.S.C. 20103(b)(3)''.


Sec.  94.108   [Amended]

0
11. Amend Sec.  94.108 in paragraph (b)(2) by removing ``42 U.S.C. 
10604(h)'' and adding in its place ``34 U.S.C. 20110(h)''.


Sec.  94.111   [Amended]

0
12. Amend Sec.  94.111 by removing ``42 U.S.C. 10603(b)(1)'' and adding 
in its place ``34 U.S.C. 20103(b)(1)''.


Sec.  94.112  [Amended]

0
13. Amend Sec.  94.112 in paragraph (b) introductory text by removing 
``42 U.S.C. 10603(b)(1)(B)'' and adding in its place ``34 U.S.C. 
20103(b)(1)(B)''.


Sec.  94.113   [Amended]

0
14. Amend Sec.  94.113 in paragraph (b) by removing ``42 U.S.C. 
10603(b)(1)(C)'' and adding in its place ``34 U.S.C. 20103(b)(1)(C)''.


Sec.  94.114  [Amended]

0
15. Amend Sec.  94.114 in paragraphs (a) and (b) by removing ``42 
U.S.C. 10604(e)'' and adding in its place ``34 U.S.C. 20110(e)''.

    Dated: January 11, 2023.
Maureen A. Henneberg,
Deputy Assistant Attorney General for Operations and Management, Office 
of Justice Programs.
[FR Doc. 2023-01023 Filed 1-19-23; 8:45 am]
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