[Federal Register Volume 62, Number 79 (Thursday, April 24, 1997)]
[Proposed Rules]
[Pages 19958-19961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10527]
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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: Notice of proposed rulemaking.
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SUMMARY: Regulations are being proposed 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, subject to
the availability of funds, 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 the FLEDA Program is designed to defray costs associated with
higher education for these children and spouses.
DATES: Comments will be received no later than 5:00 pm on May 27, 1997.
ADDRESS: Comments should be sent to: Chief, Public Safety Officers'
Benefits Office, Bureau of Justice Assistance, 633 Indiana Avenue, NW,
Washington, D.C. 20531.
FOR FURTHER INFORMATION CONTACT: Jeff Allison, Chief, Public Safety
Officers' Benefits Office, 633 Indiana Avenue, N.W. Washington, D.C.
(202) 307-0635.
SUPPLEMENTARY INFORMATION: The Federal Law Enforcement Dependents
Assistance Act, Public Law 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 monthly 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
[[Page 19959]]
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.
Executive Order 12866
This regulation has been drafted 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.
Because of the need to implement the FLEDA program promptly to
provide financial assistance to qualified dependents, the public
comment period for this rule is limited to 30 days.
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, 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
Administrative practice and procedure; in 28 CFR Part 32 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 proposed to be amended as follows:
PART 32--PUBLIC SAFETY OFFICERS 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--Death and Disability Benefits
2. The heading ``Subpart A--Introduction'' is revised to read
``Subpart A--Death and Disability Benefits''.
Sec. 32.1 Purpose and OMB control number.
3. In Sec. 32.1(a), the phrase ``The purpose of this part'' is
revised to read ``The purpose of this subpart'' and the phrase ``part
L'' is revised to read ``subpart 1 of part L''.
Sec. 32.2 Definitions.
4. In Sec. 32.2, the phrase ``For purposes of this subpart--'' is
added as introductory text before paragraph (a).
5. The heading ``Subpart B--Officers Covered'' is removed and an
undesignated centerheading reading ``Officers Covered'' is inserted in
its place.
6. The heading ``Subpart C--Beneficiaries'' is removed and an
undesignated centerheading reading ``Beneficiaries'' is inserted in its
place.
Sec. 32.10 Order of priority.
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''.
8. The heading ``Subpart D--Interim and Reduced Death Payments'' is
removed and an undesignated centerheading reading ``Interim and Reduced
Death Payments'' is inserted in its place.
Sec. 32.16 Interim payment in general.
9. In section 32.16(a), the phrase ``subpart C'' is revised to read
``Secs. 32.10 through 32.15''.
10. The heading ``Subpart E--Filing and Processing of Claims'' is
removed and an undesignated centerheading reading ``Filing and
Processing of Claims'' is inserted in its place.
11. The heading ``Subpart F--Determination, Hearing, and Review''
is removed and an undesignated centerheading reading ``Determination,
Hearing, and Review'' is inserted in its place.
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 centerheading reading ``National Programs for
Families of Public Safety Officers Who Have Died in the Line of Duty''
is inserted 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.
[[Page 19960]]
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.
Authority: Subpart 2 of Part L of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended (42 U.S.C. 3796d et
seq.).
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, Public Law 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. 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; 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 this part with respect to a deceased officer will be
recognized as a spouse or child for purposes of this Subpart.
(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
[[Page 19961]]
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 federally guaranteed student
loans, unless the assistance under this subpart is used for repayment
of the defaulted federal student loan 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.
Richard H. Ward III,
Deputy Director, Bureau of Justice Assistance.
[FR Doc. 97-10527 Filed 4-23-97; 8:45 am]
BILLING CODE 4410-18-P
