Public Safety Officers' Educational Assistance Program

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]

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