[Federal Register Volume 64, Number 177 (Tuesday, September 14, 1999)]
[Rules and Regulations]
[Pages 49952-49954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23854]



[[Page 49951]]

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Part XI





Department of Justice





28 CFR Part 32



Public Safety Officers' Educational Assistance Program; Final Rule

  Federal Register / Vol. 64, No. 177 / Tuesday, September 14, 1999 / 
Rules and Regulations  

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DEPARTMENT OF JUSTICE


Bureau of Justice Assistance; Public Safety Officers' Educational 
Assistance Program

28 CFR Part 32

[OJP(BJA)-1216f]
RIN 1121-AA51
AGENCY: Office of Justice Programs, Bureau of Justice Assistance, 
Public Safety Officers' Benefits Office, Justice.

ACTION: Final rule.

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SUMMARY: The Bureau of Justice Assistance (BJA) is amending the 
regulation on Federal Law Enforcement Dependents Assistance (FLEDA) to 
effectuate changes made to FLEDA's underlying statutory authority by 
the Police, Fire, and Emergency Officers' Educational Assistance Act of 
1998. These 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.

EFFECTIVE DATE: September 14, 1999.

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

SUPPLEMENTARY INFORMATION:
    The Bureau of Justice Assistance (BJA) is amending the regulation 
governing the Federal Law Enforcement Dependents' Assistance (FLEDA) 
program, found at 28 CFR Part 32, Subpart B, to comply with the 
amendments to Title I of the Omnibus Crime Control and Safe Streets Act 
its authorizing statute, 42 U.S.C. 3796 et seq., by the Police, Fire, 
and Emergency Officers' Educational Assistance Act of 1998, Public Law 
104-238, 112 Stat. 3495, (November 13, 1998), (hereinafter the Public 
Safety Officers' Educational Assistance Act or PSOEA Act). On May 25, 
1999, in 64 FR 28123, BJA proposed these amendments, and invited 
comments from the public, asking that they be submitted no later than 
July 9, 1999. Only one comment was received. One State's Department of 
Corrections wrote in to offer its strongest support for the passage of 
the PSOEA Act. Consequently, these proposed amendments are being 
adopted as final with no further change.
    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 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.
    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.
    Below is an explanation of how the regulation is changed by these 
amendments:
    1. To reflect the expansion of the program, the name of the program 
is being changed from the ``Federal Law Enforcement Dependents' 
Assistance'' (FLEDA) program to the ``Public Safety Officers' 
Educational Assistance'' (PSOEA) program.
    2. All references in subpart B to ``Civilian federal law 
enforcement'' or ``Federal law enforcement'' are changed to ``public 
safety.''
    3. Section 32.37 of the regulation is changed 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 will calculate 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 the program 
are not sufficient to allow for all eligible applicants to receive the 
total amount for which they qualify.
    4. 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 amended at section 32.35(a) to reflect this allowance.

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

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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.

Administrative Procedure Act

    This rule expands the scope of eligibility for financial 
educational assistance to dependents under the PSOB program. Further, 
this rule imposes no new restrictions. Accordingly, the Bureau of 
Justice Assistance finds good cause for exempting this rule from the 
provision of the Administrative Procedure Act, 5 U.S.C. 553, requiring 
delay in effective date.

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 
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 amends 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. Sec. 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, Public Law 104-238, Oct. 3, 1996, as amended by the 
Police, Fire, and Emergency Assistance Act of 1998, Public Law 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.
    (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.
* * * * *
    (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.
* * * * *
    7. Section 32.35 is amended by revising paragraph (a) to read as 
follows:


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, 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, shall be eligible for assistance, on the same 
basis and subject to the limitations of this subpart,

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for each month in which the dependent had pursued a program of 
education at an eligible educational institution.
* * * * *
    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.
Nancy Gist,
Director, Bureau of Justice Assistance.
[FR Doc. 99-23854 Filed 9-13-99; 8:45 am]
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