[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]]
_______________________________________________________________________
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
[[Page 49952]]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
[[Page 49953]]
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,
[[Page 49954]]
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]
BILLING CODE 4410-18-P
