[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Proposed Rules]
[Pages 28123-28125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12855]


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DEPARTMENT OF JUSTICE

Bureau of Justice Assistance

28 CFR Part 32

[OJP (BJA)-1216]
RIN 1121-AA51


Public Safety Officers' Educational Assistance Program

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

ACTION: Proposed rulemaking.

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SUMMARY: Amendments are being proposed to regulations on Federal Law 
Enforcement Dependents Assistance (FLEDA), to comply with the changes 
made to the authorizing statute, and by the Police, Fire, and Emergency 
Officers' Educational Assistance Act of 1998. The amendments expand the 
FLEDA program to authorize financial educational assistance to the 
dependents of all public safety officers whose deaths or permanent 
disabilities resulted in the payment of benefits under the Public 
Safety Officers' Benefits (PSOB) Program.

DATE: Comments will be received no later than 5:00 pm on July 9, 1999.

ADDRESSES: All comments must be written and should be sent to: Ashton 
Flemmings, Chief, Public Safety Officers' Benefits Office, 810 7th 
Street, NW. Washington DC 20531.

FOR FURTHER INFORMATION CONTACT: Ashton Flemmings, Chief, Public Safety 
Officers' Benefits Office, 810 7th Street, NW., Washington, DC 20531. 
Telephone: (202) 307-0635 or toll free at 1-888-744-6513.

SUPPLEMENTARY INFORMATION: The Bureau of Justice Assistance (BJA) 
proposes to amend the regulations governing the Federal Law Enforcement 
Dependents' Assistance (FLEDA) program, found at 28 CFR part 32, 
Subpart B, to comply with the amendments to its authorizing statute, 42 
U.S.C. 3796 et seq., enacted by the Police, Fire, and Emergency 
Officers' Educational Assistance Act of 1998, Pub. L. No. 104-238, 112 
Stat. 3495, (November 13, 1998), (hereinafter the Public Safety 
Officers' Educational Assistance Act or PSOEA Act). The PSOEA Act 
expands the scope of eligibility for financial assistance for higher 
education to the dependents of all public safety officers, including 
Federal firefighters and state and local officers, who are killed or 
permanently and totally disabled in the line of duty. Previously, the 
FLEDA program only made available financial assistance for higher 
education to the dependents of Federal law enforcement officers who 
were killed or permanently and totally disabled in the line of duty. 
The amendments being proposed to this subpart, in accordance with the 
PSOEA Act, will allow the spouses and children of all public safety 
officers who are killed or permanently and totally disabled in the line 
of duty, and with respect to whom a claim has been approved under the 
Public Safety Officers' Benefits (PSOB) program, to receive these 
educational benefits.
    To reflect the expansion of the program, therefore, the name of the 
program is proposed to be changed from the ``Federal Law Enforcement 
Dependents' Assistance'' (FLEDA) program to the ``Public Safety 
Officers' Educational Assistance'' (PSOEA) program. Likewise, the 
references in subpart B to ``Civilian federal law enforcement'' or 
``Federal law enforcement'' are proposed to be changed to ``public 
safety.''
    Section 32.37 of the regulation is proposed to be amended to comply 
with the mandate of section 2(4) of the PSOEA Act, which requires the 
issuance of regulations regarding the use of ``sliding scale based on 
financial need to ensure that an eligible dependent who is in financial 
need receives priority in receiving funds'' under this program. In 
accordance with this section, BJA intends to calculate of the amount of 
assistance, if needed, in such a manner so to ensure those applicants 
who are in the greatest financial need, i.e., would be unable to attend 
a program of study at a qualified institution of higher education in 
the absence of some measure of assistance, receive an amount that would 
allow them to do so and to which they would otherwise be entitled to 
under this provision. While the PSOEA Act requires, if needed, 
reduction of the total amount of assistance by the amount calculated 
using the sliding scale, it is anticipated that no such reduction will 
be necessary, and that all eligible dependents will be able to receive 
the total amount of benefits for which they qualify. In order to do 
this, applicants may submit a statement of financial need, with 
documentation of such need, including information regarding all assets 
and sources of income, such as the Internal Revenue Service's form 
1040. If the student is dependent on his or her parents for support, 
information regarding the parents income and assets may be required. 
This information will only be used to give priority in awarding funds 
in the event that it appears that amounts appropriated for

[[Page 28124]]

the program are not sufficient to allow for all eligible applicants to 
receive the total amount for which they qualify.
    Retroactive eligibility to on or after May 1, 1992 will continue 
for the dependents of Federal law enforcement officers killed in the 
line of duty. The dependents of Federal law enforcement officers, who 
were permanently and totally disabled in the line of duty, are entitled 
to receive benefits under this program if the disability occurred on or 
after October 1, 1996, the date of the enactment of the original 
authorizing legislation for FLEDA. The dependents of all other public 
safety officers, consistent with the authorization, will be eligible 
for benefits on a retroactive basis if the public safety officer was 
killed in the line of duty on or after October 1, 1997. The regulations 
are being proposed to be amended at section 32.35(a) to reflect this 
allowance.
    This program will continue to recognize the sacrifices and 
invaluable contributions made to the nation's safety by all public 
safety officers through the availability of this assistance. The 
program authorizes the payment of benefits to eligible dependents for 
attendance only at an approved program of education at institutions for 
higher education. The standards regarding eligible institutions and the 
calculation of education benefits remain unchanged from the standards 
currently used under the FLEDA program, and readers are encouraged to 
consult the preamble to the FLEDA final rule at 62 FR 37713, July 15, 
1997, for a detailed discussion of the operation and mechanics of the 
program.
    While the regulation, on the whole, remains very much unchanged, 
comments are sought from all interested persons on any of the 
information contained herein, and particularly on the use of a sliding 
scale to ensure benefits are paid to those with the greatest financial 
need. All comments received on or before the closing date will be 
carefully considered.
    In order to implement the PSOEA program promptly to provide 
financial assistance to qualified dependents, the public comment period 
for this rule is forty-five days.

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 have been approved by the Office of Management and 
Budget (OMB) for review under the Paperwork Reduction Act (44 U.S.C. 
3504(h)). In accordance with 5 CFR 1320.5(b), the OMB control number 
pertaining to the collection of information is 1121-0220.

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, the Bureau of Justice 
Assistance proposes to amend 28 CFR part 32 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 B--[Amended]

    2. The heading of Subpart B is amended by revising ``Federal Law 
Enforcement Dependents'' to read ``Public Safety Officers' 
Educational''.
    3. Section 32.31 is revised to read as follows:


Sec. 32.31  Purpose.

    This subpart implements the Federal Law Enforcement Dependents 
Assistance Act of 1996, as amended by the Police, Fire, and Emergency 
Assistance Act of 1998, which authorizes the payment of financial 
assistance for the purpose of higher education to the dependents of 
public safety 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.
    4. Section 32.32 is amended by revising paragraphs 
(a),(b)(3),(c),(d), and (f) to read as follows:


Sec. 32.32  Definitions.

* * * * *
    (a) The Act means the Federal Law Enforcement Dependents Assistance 
Act of 1996, Pub. L. 104-238, Oct. 3, 1996, as amended by the Police, 
Fire, and Emergency Assistance Act of 1998, Pub. L. 104-238, 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) * * *
    (3) PSOEA means the Public Safety Officers' Educational Assistance 
program administered by the Bureau under this subpart.

[[Page 28125]]

    (c) Public safety officer is an officer as defined in Sec. 32.2(j), 
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 public safety 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) * * *
    (f) Dependent means the child or spouse of any eligible public 
safety officer.
* * * * *
    5. Section 32.33 is amended by revising paragraph(a)(1) to read as 
follows:


Sec. 32.33  Eligibility for assistance.

    (a) * * *
    (1) The child of any public safety officer with respect to whom 
PSOB benefits have been approved under subpart A of this part;
* * * * *
    6. Section 32.34 is amended by revising paragraph (b)(2) to read as 
follows:


Sec. 32.34  Application for assistance.

* * * * *
    (b) * * *
    (2) In the case of a disabled public safety 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.
* * * * *


Sec. 32.35  [Amended]

    7. Section 32.35(a) is amended by inserting ``or permanently and 
totally disabled in the line of duty on or after October 3, 1996, and 
each dependent of a public safety officer killed in the line of duty on 
or after October 1, 1997'' after ``1992.''
    8. Section 32.37 is amended by revising paragraph (c) and adding a 
new paragraph (d) to read as follows:


Sec. 32.37  Determination of benefits.

* * * * *
    (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 PSOEA 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.
    (d) Benefits will be calculated in such a manner so as to ensure 
those applicants who qualify for benefits, and who are in financial 
need, i.e. would be unable to attend a program of study at a qualified 
institution of higher education in the absence of the total benefit for 
which they qualify, receive priority in receiving the authorized 
assistance. Those qualified applicants who are in financial need, as 
determined by BJA, will receive an amount of benefits to which they are 
entitled, and which allow them to attend the approved program of study. 
Those qualified applicants whose attendance at a program of study at an 
institution of higher education is not contingent on the award of 
benefits under this part, may receive a reduced amount of benefits in 
the event that funds appropriated under this program are not sufficient 
to award all qualified applicants the total amount of benefits to which 
they are otherwise entitled.

    Dated: May 14, 1999.
Nancy Gist,
Director, Bureau of Justice Assistance.
[FR Doc. 99-12855 Filed 5-24-99; 8:45 am]
BILLING CODE 4410-18-P