[Congressional Record Volume 168, Number 85 (Wednesday, May 18, 2022)]
[House]
[Pages H5120-H5123]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1400
PUBLIC SAFETY OFFICER SUPPORT ACT OF 2022
Mr. COHEN. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 6943) to amend the Omnibus Crime Control and Safe Streets Act of
1968 to authorize public safety officer death benefits to officers
suffering from post-traumatic stress disorder or acute stress disorder,
and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6943
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Officer
Support Act of 2022''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Every day, public safety officers, including police
officers, firefighters, emergency medical technicians, and
others, work to maintain the safety, health, and well-being
of the communities they serve.
(2) This means public safety officers are routinely called
to respond to stressful and potentially traumatic situations,
often putting their own lives in danger.
(3) This work not only puts public safety officers at-risk
for experiencing harm, serious injury, and cumulative and
acute trauma, but also places them at up to 25.6 times higher
risk for developing post-traumatic stress disorder when
compared to individuals without such experiences.
(4) Psychological evidence indicates that law enforcement
officers experience significant job-related stressors and
exposures that may confer increased risk for mental health
morbidities (such as post-traumatic stress disorder and
suicidal thoughts, ideation, intents, and behaviors) and
hastened mortality.
(5) Public safety officers often do not have the resources
or support they need, leaving them at higher risk for long-
term mental health consequences.
(6) Whereas, although the Department of Defense already
considers servicemember suicides to be line-of-duty deaths
and provides Federal support to eligible surviving families,
the Federal Government does not recognize public safety
officer suicides as deaths in the line of duty.
(7) In 2017, the Department of Justice approved 481 claims
under the Public Safety Officers' Benefits Program under
subpart 1 of part L of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10281 et seq.), but
not one of them for the more than 240 public safety officers
who died by suicide that year.
(8) Public safety officers who have died or are disabled as
a result of suicide or post-traumatic stress disorder do not
qualify for the Public Safety Officers' Benefits Program,
despite the fact that public safety officers are more likely
to die by suicide than from any other line-of-duty cause of
death.
SEC. 3. PUBLIC SAFETY OFFICER DEATH BENEFITS FOR POST-
TRAUMATIC STRESS DISORDER, ACUTE STRESS
DISORDER, OR TRAUMA AND STRESS RELATED
DISORDERS.
(a) In General.--Section 1201 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281)
is amended by adding at the end the following:
``(o) Post-traumatic Stress Disorder, Acute Stress
Disorder, or Trauma and Stress Related Disorders.--
``(1) Definitions.--In this section:
``(A) Mass casualty event.--The term `mass casualty event'
means an incident resulting in casualties to not fewer than 3
victims, including--
``(i) an incident that exceeds the normal resources for
emergency response available
[[Page H5121]]
in the jurisdiction where the incident takes place; and
``(ii) an incident that results in a sudden and timely
surge of injured individuals necessitating emergency
services.
``(B) Mass fatality event.--The term `mass fatality event'
means an incident resulting in the fatalities of not fewer
than 3 individuals at 1 or more locations close to one
another with a common cause.
``(C) Mass shooting.--The term `mass shooting' means a
multiple homicide incident in which not fewer than 3 victims
are killed--
``(i) with a firearm;
``(ii) during one event; and
``(iii) in one or more locations in close proximity.
``(D) Exposed.--The term `exposed' includes--
``(i) directly experiencing or witnessing an event; or
``(ii) being subjected, in an intense way, to aversive
consequences of the event (including a public safety officer
collecting human remains).
``(E) Traumatic event.--The term `traumatic event' means,
in the case of a public safety officer exposed to an event,
an event that is--
``(i) a homicide, suicide, or the violent or gruesome death
of another individual (including such a death resulting from
a mass casualty event, mass fatality event, or mass
shooting);
``(ii) a harrowing circumstance posing an extraordinary and
significant danger or threat to the life of or of serious
bodily harm to any individual (including such a circumstance
as a mass casualty event, mass fatality event, or mass
shooting); or
``(iii) an act of criminal sexual violence committed
against any individual.
``(2) Personal injury sustained in line of duty.--As
determined by the Bureau--
``(A) post-traumatic stress disorder, acute stress
disorder, or trauma and stress related disorders suffered by
a public safety officer and diagnosed by a licensed medical
or mental health professional, shall be presumed to
constitute a personal injury within the meaning of subsection
(a), sustained in the line of duty by the officer, if the
officer was exposed, while on duty, to one or more traumatic
events and such exposure was a substantial factor in the
disorder;
``(B) post-traumatic stress disorder, acute stress
disorder, or trauma and stress related disorders, suffered by
a public safety officer who has contacted or attempted to
contact the employee assistance program of the agency or
entity that the officer serves, a licensed medical or mental
health professional, suicide prevention services, or another
mental health assistance service in order to receive help,
treatment, or diagnosis for post-traumatic stress disorder or
acute stress disorder, shall be presumed to constitute a
personal injury within the meaning of subsection (a),
sustained in the line of duty by the officer, if the officer,
was exposed, while on duty, to one or more traumatic events
and such exposure was a substantial factor in the disorder;
and
``(C) post-traumatic stress disorder, acute stress
disorder, or trauma and stress related disorders, suffered by
a public safety officer who was exposed, while on duty, to
one or more traumatic events shall be presumed to constitute
a personal injury within the meaning of subsection (a),
sustained in the line of duty by the officer if such exposure
was a substantial factor in the disorder.
``(3) Presumption of death or total disability.--A public
safety officer shall be presumed to have died or become
permanently and totally disabled (within the meaning of
subsection (a) or (b)) as the direct and proximate result of
a personal injury sustained in the line of duty, if (as
determined by the Bureau) the officer either--
``(A) took an action, which action was intended to bring
about the officer's death and directly and proximately
resulted in such officer's death or permanent and total
disability and exposure, while on duty, to one or more
traumatic events was a substantial factor in the action taken
by the officer; or
``(B) took an action within 45 days of the end of exposure,
while on duty, to a traumatic event, which action was
intended to bring about the officer's death and directly and
proximately resulted in such officer's death or permanent and
total disability, if such action was not inconsistent with a
psychiatric disorder.
``(4) Applicability of limitations on benefits.--
``(A) Intentional actions.--Section 1202(a)(1) shall not
apply to any claim for a benefit under this part that is
payable in accordance with this subsection.
``(B) Substance use.--Section 1202(a)(2) shall not preclude
the payment of a benefit under this part if the benefit is
otherwise payable in accordance with this subsection.''.
(b) Retroactive Applicability.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall--
(A) take effect on the date of enactment of this Act; and
(B) apply to any matter pending, before the Bureau of
Justice Assistance or otherwise, on the date of enactment of
this Act, or filed (consistent with pre-existing effective
dates) or accruing after that date.
(2) Exceptions.--The amendments made by this section shall
apply to any action taken by a public safety officer
described in paragraph (3) of section 1201(o) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (as
added by this Act) that occurred on or after January 1, 2019.
SEC. 4. TECHNICAL FIXES.
(a) Subpoena Power; Employment of Hearing Officers;
Authority to Hold Hearings.--Section 806 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10225) is amended--
(1) in the first sentence--
(A) by striking ``The'' and all that follows through
``Assistance'' and inserting ``The Assistant Attorney
General, the Bureau of Justice Assistance'';
(B) by striking ``by the Attorney General'';
(C) by striking ``Code)'' and inserting ``Code (without
regard to the days limitation prescribed therein), but shall,
in no event, be understood to be (or to have the authority
of) officers of the United States)'';
(D) by striking ``such hearing examiners or administrative
law judges'' and inserting ``or administrative law judges'';
and
(E) by striking ``necessary to carry out their respective
powers and duties under this title'' and inserting the
following: ``necessary or convenient to assist them in
carrying out their respective powers and duties under any law
administered by or under the Office''; and
(2) in the second sentence--
(A) by striking ``The'' and all that follows through
``Assistance'' and inserting ``The Assistant Attorney
General, the Bureau of Justice Assistance'';
(B) by striking ``or any'' and inserting ``, or (subject to
such limitations as the appointing authority may, in its sole
discretion, impose from time to time) any'';
(C) by inserting a comma after ``thereby''; and
(D) by striking ``examinations and'' and inserting
``examinations, and''.
(b) Definitions.--Section 1204 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284)
is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12)(B), strike the period at the end and
insert a semicolon; and
(3) in paragraph (14), by redesignating the second
subparagraph (F) as subparagraph (G).
SEC. 5. GAO REPORT.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
submit to Congress a report that details benefits issued
pursuant to subsection (o) of section 1201 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10281), as added by section 3, and includes any
recommendations to improve that subsection.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Tennessee (Mr. Cohen) and the gentleman from Ohio (Mr. Chabot) each
will control 20 minutes.
The Chair recognizes the gentleman from Tennessee.
General Leave
Mr. COHEN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Mr. COHEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Public Safety Officer Support Act of 2022 is another
bipartisan bill that would expand eligibility for public safety
officers' benefits to include stress and trauma-related injuries and
death by suicide for law enforcement officers and their families.
According to research from the Substance Abuse and Mental Health
Services Administration, public safety officers are 25 times more
likely to develop acute stress disorder, post-traumatic stress
disorder, or other mental health conditions than the general public.
They have a tough job.
Studies have shown that law enforcement officers could experience
more traumatic events in 6 months than the average person will
experience in a lifetime.
The Public Safety Officers' Benefits Program, known as PSOB, provides
death and education benefits to survivors of fallen law enforcement
officers, firefighters, and other first responders, as well as
disability benefits to officers catastrophically injured in the line of
duty.
Currently, this law excludes from eligibility families of officers
who die by suicide and does not deem PTSD and other trauma-related
disorders to be line-of-duty injuries.
This limitation not only fails to recognize that mental health is
physical health, but it also prevents the Federal Government from
providing support to officers who put their safety and well-being on
the line every day for the communities they serve.
[[Page H5122]]
Former Representative Patrick Kennedy passed a bill to make mental
health and physical health parity. He worked with Senator Ted Kennedy
to get that done. Why law enforcement wasn't included was a mistake. We
are rectifying that mistake today.
The Public Safety Officer Support Act would right past wrongs and
ensure that families of police officers and first responders receive
critical financial assistance as they grieve the loss of their loved
ones.
It would also ensure that officers who are disabled as a result of
traumatic events receive the support and care that they need.
This legislation also brings this program into alignment with the
provisions of Federal military death benefits for the families of
military servicemembers who die by suicide.
The need for this worthy and overdue change is even more apparent as
we continue to grieve the tragic loss of four police officers who died
by suicide after responding to the attack on the U.S. Capitol on
January 6, 2021.
They tried to defend us; they did defend us; and they, unfortunately,
died by suicide as aftermath effects of January 6.
In addition to expanding eligibility for death and disability
benefits to officers and their families, this bill will require the GAO
to study benefits provided under the expansion.
This report will help us better understand the prevalence of
traumatic events that law enforcement officers, first responders, and
other public safety officers face and the need to further support their
mental health needs.
I thank Representatives Trone and Reschenthaler for introducing this
bipartisan legislation and for their continued support for public
safety officers serving communities across the country.
This bill is broadly supported by both mental health and law
enforcement groups, and I urge my colleagues to support it. I reserve
the balance of my time.
Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this week is National Police Week, a week we set aside
to honor the brave men and women who tirelessly work to protect us and
keep our communities safe.
Unfortunately, their jobs are becoming more and more difficult, more
and more stressful, and as a result, they need our support now more
than ever.
Over the last 2 years, violent crime in this Nation has soared.
Nationally, we saw a 30 percent increase in murders from 2019 to 2020,
which is the largest increase during a single year in our Nation's
history.
That troubling trend continues in 2021 with FBI data indicating that
homicides rose another 5 percent in the Nation's 22 largest cities over
the already inflated levels of 2020.
Overall, in those 22 cities, homicides are up 44 percent since 2019.
Think of that--44 percent. Not surprisingly, these disturbing increases
have accompanied calls in many cities, including in my hometown of
Cincinnati, to defund the police. Quite frankly, Mr. Speaker, that is
the last thing that we should be doing during a violent crime surge.
That is why the legislation that we are considering today is a
welcome bipartisan step in the right direction.
Law enforcement officers, firefighters, emergency medical personnel,
and corrections officers are frequently called to respond to dangerous
and often traumatic situations. As a result, these officers are at a
greater risk of developing stress and trauma-related disorders.
Studies show that public safety officers are 25 times more likely to
develop PTSD compared to the general public. Tragically, more public
safety officers die by suicide every year than those who lose their
lives in the line of duty.
Yet, trauma-related disorders are not covered by the primary Federal
disability benefits program for police officers, and that is the Public
Safety Officers' Benefits Program, or PSOB, which is run by the
Department of Justice.
The PSOB program currently provides death and education benefits to
the family members of public safety officers who die in the line of
duty and also offers disability benefits to public safety officers who
become totally and permanently disabled.
However, the PSOB program does not currently offer death benefits to
public safety officers who tragically take their lives as a result of
PTSD, acute stress disorder, or other stress and trauma-related
disorders.
This bill, H.R. 6943, the Public Safety Officer Support Act,
addresses this oversight. This bipartisan legislation recognizes just
how stressful and difficult being a police officer is nowadays. It
makes sure that those officers who have experienced traumatic events on
the job, and are struggling as a result, receive the support they need
and deserve.
The men and women in law enforcement need to know that they have our
full support and that they will not be punished or stigmatized for
human emotions.
I urge my colleagues on both sides of the aisle to support this
commonsense, compassionate proposal, and I reserve the balance of my
time.
Mr. COHEN. Mr. Speaker, I yield 5 minutes to the gentleman from
Maryland (Mr. Trone), the sponsor of this legislation and a gentleman
aware of law enforcement's importance.
Mr. TRONE. Mr. Speaker, I rise today to urge my colleagues to pass
our bill, the Public Safety Officer Support Act of 2022, so we keep
tackling mental health stigma across this country.
It has been almost 3 years since Montgomery County Officer T.J. Bomba
passed away from suicide. He was 38 years old and left behind a wife
and two sons.
In the immediate aftermath, we brought together Officer Bomba's
colleagues and the head of NIMH, Dr. Joshua Gordon, and others to chart
a course of action. We discussed access to care, the stigma surrounding
mental health, and how we could be advocates for change.
The roundtable produced two calls to action: increasing peer
counseling support opportunities for mental health and providing parity
and benefits for mental health conditions.
I made a promise that day to do everything I could to turn these
ideas into law. Six months ago, we accomplished one of our goals when I
stood alongside Officer Bomba's wife and two sons as President Biden
signed the first of our two bills into law.
The COPS Counseling Act increased access to peer support and will
help fight stigma and improve access to mental health services. Today,
I stand here and applaud the passage of our second bill, the Public
Safety Officer Support Act of 2022.
According to research from the Substance Abuse and Mental Health
Services Administration, public safety officers are 25 times more
likely to develop acute stress disorder, post-traumatic stress
disorder, or other mental health conditions than our general public,
and the conditions often go untreated due to the stigma of mental
health.
As it stands, mental health is excluded from the PSOB program. For
officers killed in the line of duty, the family is eligible to receive
benefits. However, when an officer dies by suicide that is directly
tied to their job, the family is unable to seek death benefits.
This bill will address the issue of stigma and provide the overdue
parity between physical and mental injuries.
Officers that are totally disabled as a result of their service will
have access to disability benefits. The families of officers who pass
away from service-linked suicide will have access to death benefits.
This approach has been endorsed by numerous mental health
organizations, including the American Foundation for Suicide
Prevention.
With the help of the public safety officer community, mental health
experts, and my colleagues in Congress, I am proud to bring this piece
of legislation before the House.
I thank everyone who joined the roundtable in 2019. We have taken a
tragedy and turned it into actionable solutions.
I thank all the stakeholders who have worked hard to bring this
legislation to the House floor. I appreciate their hard work. I thank,
Congressman Reschenthaler, for co-leading this bill and for helping us
give it strong bipartisan support.
Mr. CHABOT. Mr. Speaker, I reserve the balance of my time.
[[Page H5123]]
Mr. COHEN. Mr. Speaker, I yield 1 minute to the gentlewoman from
Minnesota (Ms. Craig), former ace Commercial Appeal reporter and now
Congresswoman from the State of Minnesota.
Ms. CRAIG. Mr. Speaker, Cory Slifko was a father of two, a husband,
and an accomplished veteran of the South St. Paul Police Department. He
spent 20 years on the force, eventually working his way up to serve as
a sergeant.
But Cory also spent 20 years witnessing the unthinkable and
unimaginable and was ultimately diagnosed with PTSD. On November 5,
2019, Cory lost his life to completed suicide, leaving behind his wife,
Katie, and their children.
Now, there is not a doubt in my mind that Cory's death occurred as a
result of his service in the line of duty. But today, Katie's family
has not been able to access the benefits that Cory earned in service to
our community.
It is vital that these programs don't just protect our law
enforcement officers from physical harm but also from mental injuries
they endure in service to our communities.
We can change that today. It is time we right this wrong and offer
some long-overdue support to Katie, who has honored Cory through her
advocacy. I urge all of you to join me in voting ``yes'' on this bill.
Mr. CHABOT. Mr. Speaker, I reserve the balance of my time.
Mr. COHEN. Mr. Speaker, I want everyone to vote in favor of this
legislation and not to go to the extraordinary efforts of having to
have the yeas and nays, and I yield back the balance of my time.
Mr. CHABOT. Mr. Speaker, I urge all colleagues on both sides of the
aisle to support the bill, and I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 6943, the
bipartisan Public Safety Officer Support Act, which would expand the
Public Safety Officer Benefits Program to include death benefits for
the families of officers who die by suicide, and disability benefits
for officers suffering from post-traumatic stress disorder and other
trauma related disorders.
During Police Week, as we honor the men and women of law enforcement
agencies who serve across the country, we must fully consider the
sacrifices officers make and the risks they take to keep our
communities safe.
Officers who dedicate their careers to our safety do so at the
expense of spending long hours away from their families, while
subjecting themselves to traumatic events, and in too many instances,
making the ultimate sacrifice.
The Public Safety Officer Benefits program is an important initiative
within the Department of Justice that provides financial support to
officers, who are injured while serving their communities in the line
of duty, and to families of officers killed in the line of duty.
In 2017, the Department of Justice approved 481 PSOB claims, but not
a single claim for the over 240 public safety officers who died by
suicide.
Unfortunately, the PSOB program does not currently cover injury or
death caused by trauma and/or mental illness, although public safety
officers are disproportionately exposed to traumatic events.
Research shows that law enforcement officers are called to the scene
of roughly 140 traumatic incidents over the course of their careers.
The resulting rates of PTSD and depression among police officers and
firefighters are unsurprisingly five times higher than among the
civilian population.
While we have known for some time that law enforcement officers are
more likely to die by suicide than by traffic accidents and shootings
combined, officer suicides have increased over the last two years.
Sadly, several examples come to mind, including Amanda Crowder, a
Harris County Deputy with the Harris County Sheriff's Office in
Houston, who died in January after shooting herself; two deputies in
St. Lucie County, Florida, who both died by suicide days apart, leaving
behind their one-month-old son; and four police officers, of the
Capitol Police and Washington Metropolitan Police Departments, who died
by suicide after fighting valiantly to protect members of Congress and
preserve the rule of law on January 6, 2021.
The families of the officers who died by suicide following the
January 6th attack are likely barred from receiving any benefit from
the PSOB program under current law.
The failure to provide PSOB benefits to deserving officers and their
families under such circumstances is a deeply troubling limitation on
federal support for first responders and their families that must be
rectified.
And it is drastically different from the United States' military
policy, where suicides are presumed to be line-of-duty deaths caused by
post-traumatic stress, brain injuries, and other deployment hazards.
Now is the time for the Federal government to similarly support
public safety officers suffering from trauma-related injuries and their
families.
Expansion of the PSOB program would provide crucial financial support
to officers and families grieving the devastating loss of a loved one,
following a line of duty injury caused by trauma.
H.R. 6943 would correct a historic wrong by recognizing the impact of
PTSD and other stress disorders on our public safety officers and
expanding the eligibility of the PSOB program to include trauma-related
injuries and death by suicide.
I thank Representatives David Trone and Guy Reschenthaler for
introducing this thoughtful, bipartisan legislation and I urge my
colleagues to join me in support of this bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Tennessee (Mr. Cohen) that the House suspend the rules
and pass the bill, H.R. 6943, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROY. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________