[Federal Register Volume 62, Number 135 (Tuesday, July 15, 1997)]
[Rules and Regulations]
[Pages 37713-37717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18584]


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DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 32

[OJP(BJA)-1121]
RIN 1121-AA44


Federal Law Enforcement Dependents Assistance Program

AGENCY: Office of Justice Programs, Bureau of Justice Assistance, 
Public Safety Officers' Benefits Office, Justice.

ACTION: Final rule.

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SUMMARY: Regulations are being issued to comply with the Federal Law 
Enforcement Dependents Assistance (FLEDA) Act of 1996. The FLEDA 
Program, to be administered by the Bureau of Justice Assistance through 
a delegation of authority from the Attorney General, will provide 
financial assistance in the form of awards to the children and spouses 
of Federal civilian law enforcement officers whose deaths or permanent 
and total disabilities in the line of duty resulted in the payment of 
benefits under the Public Safety Officers' Benefits (PSOB) Program. The 
financial assistance provided through

[[Page 37714]]

the FLEDA Program is designed to defray costs associated with higher 
education for these children and spouses.

EFFECTIVE DATE: This regulation is effective July 15, 1997.

FOR FURTHER INFORMATION CONTACT: Jeff Allison, Chief, Public Safety 
Officers' Benefits Office, 633 Indiana Avenue, N.W. Washington, D.C. 
20531. Telephone: (202) 307-0635.

SUPPLEMENTARY INFORMATION: The Federal Law Enforcement Dependents 
Assistance Act, P.L. 104-238, 110 Stat. 3114, Oct. 3, 1996, established 
a new subpart 2 in Part L of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968, 42 U.S.C. Sec. 3796 et seq.) to provide 
financial assistance to the children and spouses of Federal civilian 
law enforcement officers killed or permanently and totally disabled in 
the line of duty. The legislation redesignated the existing Public 
Safety Officers' Benefit (PSOB) Act as subpart 1 of Part L.
    This Act further recognizes the sacrifices and invaluable 
contributions made to public safety in our Nation by Federal law 
enforcement officers and their families. The Federal Law Enforcement 
Dependents Assistance (FLEDA) program extends to the families of fallen 
or disabled Federal law enforcement officers the higher education 
assistance already available to state and local law enforcement 
officers in many states. As stated in the Act, the purposes of this 
program are--
    (1) to enhance the appeal of service in civilian Federal law 
enforcement agencies;
    (2) to extend the benefits of higher education to qualified and 
deserving persons who, by virtue of the death or total disability of an 
eligible officer, may not be able to afford it otherwise; and
    (3) to allow the family members of eligible officers to attain the 
vocational and educational status which they would have attained had a 
parent or spouse not been killed or disabled in the line of duty.
    As an amendment to the existing PSOB program, the FLEDA program 
offers educational benefits to the spouse or children of Federal law 
enforcement officers with respect to whom a claim has already been 
approved under the PSOB program. Thus, although the standards for the 
two programs differ, these regulations are drafted as far as possible 
to rely on existing determinations made by the Bureau of Justice 
Assistance under the PSOB program regarding the death or disability of 
a Federal law enforcement officer in the line of duty.
    The FLEDA program authorizes the payment of benefits to eligible 
dependents for attendance at an approved program of education at 
institutions of higher learning. The program incorporates by reference 
established definitions relating to eligible institutions and other 
standard requirements for federal student aid programs under Title IV 
of the Higher Education Act of 1965 (20 U.S.C. 1970 et seq.).
    In general, eligible dependents may receive educational assistance 
for up to 45 months of full-time education or training, or a 
proportionately longer period of time for a part-time program. Absent a 
finding of extraordinary circumstances, a dependent child will not be 
eligible to receive educational benefits under the FLEDA program after 
the child's 27th birthday.
    Educational benefits under FLEDA are calculated under the standards 
of 38 U.S.C. 3532, at the time the educational expenses are incurred. 
Presently, the educational assistance allowance for an eligible person 
pursuing a program of education consisting of institutional courses is 
$404 per month for full-time, $304 for three-quarter-time, and $202 for 
half-time pursuit, and proportional amounts for persons pursuing a 
program of education less than half-time. Separately determined amounts 
are available for a program of education that includes training in a 
business or industrial establishment; for a ``farm cooperative'' 
program; or for an independent study program.
    All eligible dependents may seek assistance prospectively for 
attendance at an approved program of education. Dependents of a Federal 
law enforcement officer who was killed in the line of duty on or after 
May 1, 1992, also are eligible to receive retroactive benefits for a 
program of education they have already undertaken. The calculation of 
retroactive benefits shall be on the same basis as prospective 
assistance. Such dependents are eligible for prospective assistance as 
well, although the amount of retroactive benefits will be counted in 
applying the durational limits on assistance. Dependents entitled to 
retroactive benefits, if they so choose, may forgo such benefits and 
apply only for prospective assistance.
    On April 24, 1997, the Bureau of Justice Assistance (Bureau) 
published proposed regulations in the Federal Register for 
implementation of the FLEDA Program. In addition to publication, the 
proposed regulations were sent to Federal law enforcement agencies, and 
the families of Federal law enforcement officers killed or permanently 
and totally disabled in the line of duty. Reviewers were invited to 
comment over a thirty-day period, which ended May 27, 1997.
    Comments were received from one individual, the United States 
Postal Service, and the U.S. Department of Education. The Postal 
Service expressed the support of its Postal Inspection Service for the 
proposed regulations, and the FLEDA Program in general.
    The U.S. Department of Education recommended that the Section 
32.38(a)(4) provision in the proposed regulations for denial of FLEDA 
benefits to dependents who are in default on federally guaranteed 
student loans be expanded to apply to persons in default on any student 
loan made through Title IV of the Higher Education Act of 1965. The 
Bureau concurs with this recommendation and has modified Section 
32.38(a)(4) accordingly. This modification does not limit FLEDA 
applicants' ability to use financial assistance being provided by the 
Bureau to repay defaulted loans consistent with an approved repayment 
plan.
    The U.S. Department of Education also pointed out that, with the 
exception of Federal Pell Grants, assistance received through the FLEDA 
Program will be considered by the Secretary of Education in determining 
a student's need for financial assistance through the Title IV Student 
Financial Assistance Program. This finding does not necessitate a 
modification to Section 32.37(c) of the FLEDA regulations, but is 
nonetheless important for FLEDA applicants to be aware of. It is the 
opinion of the U.S. Department of Education and the Bureau that this 
finding will not adversely affect an individual's financial ability to 
obtain the benefits of higher education because reductions in Title IV 
assistance are anticipated to be offset by FLEDA assistance.
    The individual respondent asked whether the age 27 limitation set 
forth in the FLEDA statute and at 32.22 (c) of the regulations pertains 
to the age of the child at the time of his or her parent's death or 
disability, or rather to the child's age at the time of application for 
FLEDA benefits. Section 32.22 (c) refers to the child's age at the time 
of application for FLEDA assistance. However, under the FLEDA statute 
and regulations as written, a child over the age of 27 could request 
retroactive assistance for educational costs incurred prior to his or 
her 27th birthday. In addition, the current wording of the regulations 
allows for exceptions, consistent with the statute, for extraordinary 
circumstances that precluded the child from pursuing a

[[Page 37715]]

program of higher education prior to age 27.
    The individual's second question was whether FLEDA assistance could 
be applied to graduate school if the child was younger than 27 at the 
time of his or her parent's death, but over age 27 while attending 
graduate school. FLEDA assistance can be used to defray the costs of 
graduate school. However, as indicated above, educational costs 
incurred beyond the age of 27 are not compensable under the FLEDA 
Program, absent a finding of extraordinary circumstances which 
precluded the child from pursuing a program of higher education prior 
to age 27.
    The third question asked by the respondent was whether FLEDA 
assistance could be received retroactively to reimburse a student for 
loans that were paid off after the death or disability of his or her 
parent. Consistent with Section 32.35 of the regulations, FLEDA 
assistance can be used to reimburse a student for higher education 
loans that were paid off following the death or disability of his or 
her parent. Consistent with Section 32.35 of the regulations, FLEDA 
assistance can be used to reimburse a student for higher education 
loans that were paid off following the death or disability of his or 
her parent if the loans were for educational expenses incurred 
following the death or disability of the Federal law enforcement 
officer.

Executive Order 12866

    This regulation has been written and reviewed in accordance with 
Executive Order 12866, Sec. 1(b), Principles of Regulation. The Office 
of Justice Programs has determined that this rule is not a 
``significant regulatory action'' under Executive Order 12866, 
Sec. 3(f), Regulatory Planning and Review, and accordingly this rule 
has not been reviewed by the Office of Management and Budget.

Executive Order 12612

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Regulatory Flexibility Act

    The Office of Justice Programs, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by 
approving it certifies that this regulation will not have a significant 
economic impact upon a substantial number of small entities for the 
following reasons: The FLEDA program will be administered by the Office 
of Justice Programs, and any funds distributed under it shall be 
distributed to individuals, not entities, and the economic impact is 
limited to the Office of Justice Program's appropriated funds.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private section, 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.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by Sec. 804 of the Small 
Business Regulatory Enforcement Fairness Act of 1996. This rule will 
not result in an annual effect on the economy of $100,000,000 or more; 
a major increase in cost or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Paperwork Reduction Act

    The collection of information requirements contained in the 
proposed regulation will be submitted to the Office of Management and 
Budget for review under the Paperwork Reduction Act (44 U.S.C. 
3504(h)).

List of Subjects in 28 CFR Part 32

    Administrative practice and procedure, Claims, Disability benefits, 
Law enforcement officers.

    For the reasons set out in the preamble, title 28, part 32 of the 
Code of Federal Regulations is amended as follows:

PART 32--PUBLIC SAFETY OFFICER'S DEATH AND DISABILITY BENEFITS

    1. The authority citation for Part 32 continues to read as follows:

    Authority: Part L of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968, as amended (42 U.S.C. 3711 et seq.)

Subpart A--[Amended]

    2. The heading ``Subpart A--Introduction'' is revised to read 
``Subpart A--Death and Disability Benefits''.


Sec. 32.1  [Amended]

    3. In Sec. 32.1(a), in the first sentence, the phrase ``The purpose 
of this part'' is revised to read ``The purpose of this subpart'' and 
in the parenthetical, the phrase ``part L'' is revised to read 
``subpart 1 of part L''.


Sec. 32.2  [Amended]

    4. In Sec. 32.2, the phrase ``For purposes of this subpart--'' is 
added as introductory text before paragraph (a).

Subpart B--[Amended]

    5. The heading ``Subpart B--Officers Covered'' is removed and an 
undesignated center heading reading ``Officers Covered'' is inserted in 
its place.

Subpart C--[Amended]

    6. The heading ``Subpart C--Beneficiaries'' is revised to read 
``Beneficiaries'' as an undesignated center heading.


Sec. 32.10  [Amended]

    7. In Sec. 32.10(a) introductory text, the phrase ``subpart B of 
this part and Sec. 32.11 of subpart C of this part'' is revised to read 
``this subpart''.

Subpart D--[Amended]

    8. The heading ``Subpart D--Interim and Reduced Death Payments'' is 
removed and an undesignated center heading reading ``Interim and 
Reduced Death Payments'' is added in its place.


Sec. 32.16  [Amended]

    9. In Sec. 32.16(a), the phrase ``subpart C'' is revised to read 
``Secs. 32.10 through 32.15''.

Subpart E--[Amended]

    10. The heading ``Subpart E--Filing and Processing of Claims'' is 
removed and an undesignated center heading reading ``Filing and 
Processing of Claims'' is added in its place.

Subpart F--[Amended]

    11. The heading ``Subpart F--Determination, Hearing, and Review'' 
is removed and an undesignated center heading reading ``Determination,

[[Page 37716]]

Hearing, and Review'' is added in its place.

Subpart G--[Amended]

    12. The heading ``Subpart G--National Programs for Families of 
Public Safety Officers Who Have Died in the Line of Duty'' is removed 
and an undesignated center heading reading ``National Programs for 
Families of Public Safety Officers Who Have Died in the Line of Duty'' 
is added in its place.
    13. Part 32 is amended by adding the following new subpart B 
following Sec. 32.25:

Subpart B--Federal Law Enforcement Dependents Assistance

Sec.
32.31  Purpose.
32.32  Definitions.
32.33  Eligibility for assistance.
32.34  Application for assistance.
32.35  Retroactive benefits.
32.36  Action on applications for benefits.
32.37  Determination of benefits.
32.38  Denial of benefits.
32.39  Appeals.
32.40  Repayment.

Subpart B--Federal Law Enforcement Dependents Assistance


Sec. 32.31  Purpose.

    This subpart implements the Federal Law Enforcement Dependents 
Assistance Act of 1996, which authorizes the payment of financial 
assistance for the purpose of higher education to the dependents of 
Federal law enforcement officers who are found, under the provisions of 
subpart A of this part, to have died as a direct and proximate result 
of a personal injury sustained in the line of duty, or to have been 
permanently and totally disabled as the direct result of a catastrophic 
injury sustained in the line of duty.


Sec. 32.32  Definitions.

    For purposes of this subpart:
    (a) The Act means the Federal Law Enforcement Dependents Assistance 
Act of 1996, Pub. L. 104-238, Oct. 3, 1996, codified as Subpart 2 of 
Part L of title I of the Omnibus Crime Control and Safe Streets Act of 
1968, 42 U.S.C. 3796d et seq.
    (b)(1) Bureau means the Bureau of Justice Assistance of the Office 
of Justice Programs, which is authorized to implement the provisions of 
this subpart.
    (2) PSOB means the Public Safety Officers' Benefits program 
administered by the Bureau under subpart A of this part.
    (3) FLEDA means the Federal Law Enforcement Dependents Assistance 
program administered by the Bureau under this subpart.
    (c) Federal law enforcement officer means any law enforcement 
officer, as defined in Sec. 32.2(m), employed in a civilian capacity by 
an agency of the United States Government, with respect to whom PSOB 
benefits have been approved under subpart A of this part on account of 
the officer's death or disability in the line of duty.
    (d) Child means any person who was the biological, adopted, or 
posthumous child, or the stepchild, of a Federal law enforcement 
officer at the time of the officer's death or disabling injury with 
respect to which PSOB benefits were approved under subpart A of this 
part. A step-child must meet the provisions set forth in Sec. 32.15.
    (e) Spouse means the husband or wife of a deceased or permanently 
and totally disabled officer at the time of the officer's death or 
disabling injury with respect to which PSOB benefits were approved 
under subpart A of this part, and includes a spouse living apart from 
the officer at that time for any reason.
    (f) Dependent means the child or spouse of any eligible Federal law 
enforcement officer.
    (g) Program of education means any curriculum or any combination of 
unit courses or subjects pursued at an eligible educational 
institution, which generally is accepted as necessary to fulfill 
requirements for the attainment of a predetermined and identified 
educational, professional, or vocational objective. It includes course 
work for the attainment of more than one objective if, in addition to 
the previous requirements, all of the objectives generally are 
recognized as reasonably related to a single career field.
    (h) Eligible educational institution means a postsecondary 
institution which--
    (1) Is described in section 481 of the Higher Education Act of 1965 
(20 U.S.C. 1088), as in effect on October 3, 1996, including--
    (i) An institution of higher education as defined in section 
1201(a) of such Act (20 U.S.C. 1141(a)),
    (ii) A proprietary institution of higher education,
    (iii) A postsecondary vocational institution, or
    (iv) A foreign medical school; and
    (2) Is eligible to participate in student assistance programs under 
title IV of such Act (20 U.S.C. 1070 et seq.).
    (i) Satisfactory progress means that the dependent is maintaining 
satisfactory progress in the program of education, as determined under 
section 484(c) of the Higher Education Act of 1965, as amended (20 
U.S.C. 1091(c)).
    (j) Educational expenses means tuition, room and board, books, 
supplies, fees, and transportation expenses that are consistent with 
the educational, professional or vocational objectives set forth by the 
applicant in the application for assistance.


Sec. 32.33  Eligibility for assistance.

    (a) Subject to the availability of appropriations, and the 
provisions of the Act and this subpart, the Bureau shall provide 
financial assistance to a dependent who attends a program of education 
at an eligible educational institution and is--
    (1) The child of any Federal law enforcement officer with respect 
to whom PSOB benefits have been approved under subpart A of this part; 
or
    (2) The spouse of such an officer at the time of the officer's 
death or on the date of the officer's totally and permanently disabling 
injury.
    (b) The educational assistance under this subpart is intended for 
the sole purpose of defraying the costs of educational expenses and may 
only be used to defray such costs. A certification of educational use 
will be required.
    (c) No child shall be eligible for assistance under this subpart 
after the child's 27th birthday, absent a finding by the Bureau of 
extraordinary circumstances precluding the child from pursuing a 
program of education, including but not limited to the death of a 
relative, personal injury or illness of the student, military service, 
or financial hardship.
    (d) No dependent shall receive assistance under this subpart for a 
period in excess of forty-five months of full-time education or 
training, or a proportionate period of time for a part-time program.


Sec. 32.34  Application for assistance.

    (a) A person seeking assistance under this subpart shall submit an 
application to the Bureau in such form and containing such information 
as the Bureau may reasonably require. The provisions of Sec. 32.21 
relating to evidence shall apply to applications under this subpart.
    (b) An applicant for assistance under this subpart must establish 
that the Bureau previously has received and approved a claim for PSOB 
benefits under subpart A of this part with respect to the death or 
disability of the parent or spouse of the applicant.
    (1) A spouse or child recognized as the beneficiary of a PSOB claim 
under subpart A of the part with respect to a deceased officer will be 
recognized as a spouse or child for purposes of this subpart.

[[Page 37717]]

    (2) In the case of a disabled Federal law enforcement officer 
approved for PSOB benefits under subpart A of this part, applicants for 
assistance under this subpart must submit birth or marriage 
certificates or other proof of relationship consistent with Secs. 32.12 
(spouse) and 32.13 (child), if such evidence had not been submitted 
with respect to the PSOB claim.
    (c) The application shall describe the program of education at an 
eligible educational institution, and the educational expenses for 
which assistance is sought. A request for assistance may be for 
prospective assistance, for retroactive benefits pursuant to Sec. 32.35 
(if applicable), or both.
    (d)(1) A request for prospective assistance must be accompanied by 
a certified copy of the official letter of acceptance from the eligible 
educational institution (on official letterhead) to the dependent, 
accepting the applicant into an educational program.
    (2) The applicant also shall submit to the Bureau, when it is 
available, the schedule of classes in which the applicant is enrolled, 
and which must be consistent with the educational, professional, or 
vocational objectives stated in the application.
    (e) An applicant may be represented in any proceeding before the 
Bureau by an attorney or other person authorized to act on behalf of 
the applicant pursuant to Secs. 32.19 and 32.22.


Sec. 32.35  Retroactive benefits.

    (a) Each dependent of a Federal law enforcement officer killed in 
the line of duty on or after May 1, 1992, shall be eligible for 
assistance, on the same basis and subject to the limitations of this 
subpart, for each month in which the dependent had pursued a program of 
education at an eligible educational institution.
    (b) To be eligible for retroactive benefits, the applicant must 
submit a certified copy of transcripts from the educational institution 
covering the relevant time period. Absent compelling justification, no 
application will be accepted more than five years from the last date 
the applicant pursued such program of education.
    (c) Subject to applicable limitations, retroactive benefits shall 
be in addition to prospective assistance provided under this subpart. A 
dependent eligible for retroactive benefits may choose to waive such 
assistance and apply only for prospective assistance under the 
provisions of this subpart.


Sec. 32.36  Action on applications for assistance.

    (a) After examining the application for prospective or retroactive 
assistance under the provisions and limitations of this subpart, and 
any additional relevant information, the Bureau shall notify the 
dependent in writing of the approval or disapproval of the application.
    (b) If the application is denied, in whole or part, the Bureau 
shall explain the reasons for the denial. A copy of the decision, 
together with information as to the right to an appeal, shall be mailed 
to the applicant's last known address.


Sec. 32.37  Determination of benefits.

    (a)(1) Financial assistance under this subpart shall consist of 
direct payments to an eligible dependent and shall be computed on the 
basis set forth in 38 U.S.C. 3532.
    (2) The dependent's status as a full-time, three-quarter-time, 
half-time, or less-than-half-time student will be determined in 
accordance with the requirements of, and must be certified by, the 
eligible educational institution.
    (b) In applying the limitations under this subpart with respect to 
prospective assistance, the Bureau shall consider any retroactive 
benefits provided to the dependent pursuant to Sec. 32.35.
    (c) Benefits payable under this subpart shall be in addition to any 
other benefit that may be due from any other source, except that, if 
the FLEDA assistance in combination with other benefits would exceed 
the total approved costs for the applicant's program of education, the 
assistance under this subpart will be reduced by the amount of such 
excess.


Sec. 32.38  Denial of benefits.

    (a) No benefit shall be paid under this subpart if the Bureau 
determines that the dependent is not eligible for, is no longer 
eligible for, or is not entitled to the assistance for which 
application is made. Without limitation, this will include 
circumstances in which--
    (1) The benefits would exceed the applicable durational limits;
    (2) A dependent child has exceeded the age limit for benefits;
    (3) The dependent has failed to maintain satisfactory progress in 
the selected program of education as defined in Sec. 32.32(i);
    (4) The dependent is in default on any student loan obtained 
through Title IV of the Higher Education Act of 1965, unless the 
assistance under this subpart is used for repayment of the defaulted 
loans and the applicant provides evidence of this fact to the Bureau in 
the form of an approved repayment plan; or
    (5) The dependent is subject to a denial of federal benefits under 
21 U.S.C. 862.
    (b) The Bureau shall deny benefits under this subpart if--
    (1) The educational institution attended by the dependent fails to 
meet a requirement for eligibility described in Sec. 32.32(h);
    (2) The dependent's enrollment in or pursuit of the selected 
program of education would fail to meet the criteria established in 
Sec. 32.32(g); or
    (3) The dependent already is qualified by previous education or 
training for the educational, professional or vocational objective for 
which the program of education is offered.


Sec. 32.39  Appeals.

    An applicant may, within 30 days after notification of denial, 
submit a written appeal request to the Bureau. Appeals will be handled 
consistent with Sec. 32.24 and the appendix to this part, except that 
such appeals shall not be handled by oral hearing but will be conducted 
through a record review by an administrative hearing officer. 
Provisions in Sec. 32.24 and the appendix to this part relating to oral 
hearings shall not be applicable to appeals under this subpart.


Sec. 32.40  Repayment.

    In the event that the recipient of financial assistance under this 
subpart fails to maintain satisfactory progress, as defined in 
Sec. 32.32(i), or otherwise become ineligible for assistance (other 
than as a result of age or the expiration of the time limit for 
assistance), the dependent is liable for repayment of funds awarded for 
prospective assistance. The Director of the Bureau may waive all or 
part of such repayment, based on a consideration of the circumstances 
and the hardship that would result from such repayment.

    Dated: July 10, 1997.
Richard H. Ward,
Deputy Director, Bureau of Justice Assistance.
[FR Doc. 97-18584 Filed 7-14-97; 8:45 am]
BILLING CODE 4410-18-P