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The Public Safety Officers' Benefits (PSOB) Programs provide death and education benefits to survivors of fallen law enforcement officers, firefighters, and other first responders, and disability benefits to officers catastrophically injured in the line of duty. This regulation will update the rules for this program regarding death and injuries from 9/11 events, make program changes to improve delivery of benefits, and implement certain provisions in section 1086 of Public Law 112-239. The separate PSOB proposed rule published on August 22, 2016, (RIN: 1121-AA86) has been incorporated into this regulation. 

Statement of Need:

This rule is necessary to update and improve the OJP regulations implementing the PSOB Program, in order to incorporate several statutory changes enacted in recent years, address some gaps in the regulations, and improve the efficiency of the PSOB Program claims process. 

Summary of the Legal Basis:

The authority for this rule is 34 U.S.C. subtitle I, ch. 101, subch. XI; 34 U.S.C. 10221(a), 10225, 10226, 10251(a), 10261(a)(4) & (b), 10272, 10286, 10287; sec. 1601, title XI, Pub. L. 90-351, 82 Stat. 239; secs. 4 through 6, Pub. L. 94-430, 90 Stat. 1348; secs. 1 and 2, Pub. L. 107-37, 115 Stat. 219.

Alternatives:

This rule addresses the needs identified above in the Statement of Need.  The Department solicited comments on the language and approaches that it proposed, and will consider alternative regulatory language where it was suggested by commenters.  The final rule will reflect the Department’s consideration of all alternatives suggested by commenters.    

Anticipated Costs and Benefits:

The Department’s analysis indicates that the final rule will not be economically significant, that is, the rule will not have an annual effect on the economy of $100 million, or adversely affect in a material way the economy, a sector of the economy, the environment, public health or safety or State, local, or tribal governments or communities.  The Department anticipates that the rule will result in some additional transfer payments from approved claims (three claims totaling approximately $1 million per year), but, aside from these (which are discounted in the cost-benefit analysis), the rule will reduce costs to the government and all stakeholders by $100,000 to $200,000 per year.  The Department has determined that the benefits of the rule updating and improving the regulations, incorporating several statutory changes, addressing gaps in the regulations, and improving the efficiency of the PSOB Program claims process outweigh the costs of the rule.   

Risks:

The PSOB Act requires the payment of benefits under the circumstances set forth in the Act, as implemented by the PSOB regulations.  Failure to update and improve the regulations to incorporate statutory changes, address known gaps, and improve claim processing will impair the Department’s implementation of the program as required by the Act, and may cause confusion and impose unnecessary costs on claimants and public agencies involved in substantiating claims.