[House Report 117-335]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2nd Session } { 117-335
======================================================================
PUBLIC SAFETY OFFICER SUPPORT ACT OF 2022
_______
May 18, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 6943]
The Committee on the Judiciary, to whom was referred 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,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 4
Background and Need for the Legislation.......................... 4
Hearings......................................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
Committee Estimate of Budgetary Effects.......................... 6
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 6
Duplication of Federal Programs.................................. 6
Performance Goals and Objectives................................. 6
Advisory on Earmarks............................................. 6
Section-by-Section Analysis...................................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 AND ACUTE STRESS DISORDER.
(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 and Acute Stress Disorder.--
``(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 in
the jurisdiction where the incident takes
place; and
``(ii) an incident that results in a sudden
temporal 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) within 1 event; and
``(iii) in 1 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 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 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 is amended by--
(1) striking ``by the Attorney General'';
(2) inserting ``Assistant'' before ``Attorney'' everywhere it
appears;
(3) 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)'';
(4) striking ``necessary to carry out'' and inserting
``necessary or convenient to assist them in carrying out'';
(5) 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'';
(6) inserting a comma after ``thereby'';
(7) striking ``duties under this title'' and inserting
``duties under any law administered by or under the Office'';
(8) striking ``such hearing examiners'' the second place it
appears; and
(9) 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 is amended--
(1) in paragraph (11), by striking ``; and'' and inserting
``;'';
(2) in paragraph (12)(B), by striking ``basis.'' and
inserting ``basis;''; 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.
Purpose and Summary
H.R. 6943, the ``Public Safety Officer Support Act of
2022,'' expands the eligibility of certain officers or their
surviving family for death and disability benefits as provided
for by the Public Safety Officers' Benefits (PSOB) program to
include coverage for public safety officers who die by suicide
or are disabled as a result of traumatic experiences.
Background and Need for the Legislation
The work of public safety officers, including firefighters,
police, officers, and emergency medical technicians, often
exposes them to traumatic events and places them at an
increased risk for developing post-traumatic stress disorder
(PTSD).\1\ On average, police officers witness 188 traumatic
events during their careers.\2\ This exposure to trauma can
lead to several forms of mental illness. It is estimated that
approximately fifteen percent of law enforcement officers in
the United States experience PTSD symptoms. PTSD and depression
rates among firefighters and police officers have been found to
be as much as five times higher than the rates within the
civilian population.\3\ The organization Badge of Life, which
collects data on the mental health of police officers, found
that an average of 130 law enforcement officers die by suicide
every year, or eleven per month.\4\ Surprisingly, more officers
die by suicide than die of shootings and traffic accidents
combined.\5\
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\1\Dr. John Violanti. PTSD among Police Officers: Impact on
Critical Decision Making, May 2018, https://cops.usdoj.gov/html/
dispatch/05-2018/PTSD.html.
\2\Ruderman White Paper on Mental Health and Suicide of First
Responders, https://rudermanfoundation.org/white_papers/police-
officers-and-firefighters-are-more-likely-to-die-by-suicide-than-in-
line-of-duty/.
\3\Id.
\4\Andy O'hara, It's Time We Talk About Police Suicide, The
Marshall Project, October, 3, 2017, https://www.themarshallproject.org/
2017/10/03/it-s-time-we-talk-about-police-suicide.
\5\Id.
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The PSOB program provides benefits to the survivors of law
enforcement officers, firefighters, and other first responders
whose death (or catastrophic injury) was the direct and
proximate result of a physical injury sustained in the line of
duty.\6\ The benefits include death benefits, disability
benefits, and education benefits for eligible spouses and
children of public safety officers. Since 2013, the Bureau of
Justice Assistance, which administers the PSOB program, has
approved more than 1,700 death and disability claims and
provided more than $300 million to eligible officers and their
families.\7\
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\6\Bureau of Justice Assistance, Public Safety Officers Benefit
Program, Fact Sheet, August 2020, https://psob.bja.ojp.gov/
PSOB_FactSheet2019.pdf.
\7\Public Safety Officers' Benefits Program: Improvements Needed to
Strengthen Reporting on 9/11-Related Claims, GAO, July 25, 2019,
https://www.gao.gov/products/gao-19-521r.
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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.\8\ Despite being more likely to
die by suicide than in the line of duty, officers who have died
or are permanently disabled by either suicide attempts, or
post-traumatic stress disorder do not qualify for benefits
under the PSOB program. This includes the families of the four
officers who died by suicide after responding to the attack on
the U.S. Capitol building on January 6, 2021.\9\ The exclusion
of suicide and mental illness from the PSOB program varies
significantly from the policy of the United States military,
which now treats 90% of suicides as line-of-duty deaths caused
by post-traumatic stress, brain injuries, and other deployment
hazards.\10\
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\8\Ruderman White Paper on Mental Health and Suicide of First
Responders, https://rudermanfoundation.org/white_papers/police-
officers-and-firefighters-are-more-likely-to-die-by-suicide-than-in-
line-of-duty/.
\9\Jan Wolfe, Four officers who responded to U.S. Capitol attack
have died by suicide, Reuters, August 2, 2021, https://www.reuters.com/
world/us/officer-who-responded-us-capitol-attack-is-third-die-by-
suicide-2021-08-02/.
\10\Shaila Dewan, Police Officer's Suicide After Jan. 6 Riot Is
Ruled a Line-of-Duty Death, New York Times, March 10, 2022, https://
www.nytimes.com/2022/03/10/us/police-suicide-capitol-riot.html.
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The Public Safety Officer Support Act would expand the
Public Safety Officers' Benefits program to include coverage
for public safety officers who die by suicide or are disabled
as a result of traumatic experiences. The bill creates an
avenue for officers to seek disability benefits for PTSD linked
to severe trauma and allows the families of officers who are
lost to trauma-linked suicide to apply for death benefits.
Hearings
The Committee on the Judiciary held no hearings on H.R.
6943.
Committee Consideration
On May 11, 2022, the Committee met in open session and
ordered the bill, H.R. 6943, favorably reported with an
amendment in the nature of a substitute, by a voice vote, a
quorum being present.
Committee Votes
No roll call votes occurred during the Committee's
consideration of H.R. 6943.
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of House rule X, are incorporated in the descriptive portions
of this report.
Committee Estimate of Budgetary Effects
Pursuant to clause 3(d)1) of House rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office, a budgetary analysis and a cost estimate of the bill.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 6943 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H.R. 6943 will increase public safety and
improve law enforcement practices by expanding the eligibility
of certain officers or their surviving family for death and
disability benefits as provided for by the PSOB program to
include coverage for public safety officers who die by suicide
or are disabled as a result of traumatic experiences.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 6943
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(d),
9(e), or 9(f) of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short title. Section 1 sets forth the short title
of the bill as the ``Public Safety Officer Support Act of
2022.''
Sec 2. Findings. Section 2 provides findings related to the
prevalence of post-traumatic stress disorder among public
safety officers and current limits to the PSOB program.
Sec. 3. Public Safety Officer Death Benefits for Post-
Traumatic Stress Disorder and Acute Stress Disorder. Section 3
amends the Omnibus Crime Control and Safe Streets Act of 1986
to expand the PSOB program to provide eligibility for benefits
to officers with PTSD and family members of officers who died
by suicide. It makes the expanded eligibility retroactive and
applies to events that occurred after January 1, 2019.
Sec. 4. Technical Fixes. Section 4 includes technical and
conforming changes to conform the bill text to the existing
PSOB statute.
Sec. 5. GAO Report. Section 5 requires GAO to submit a
report to Congress within 1 year detailing the benefits
provided by PSOB under this expanded eligibility and any
recommendations to improve the program.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
Part H--Administrative Provisions
* * * * * * *
subpoena power; employment of hearing officers; authority to hold
hearings
Sec. 806. The Assistant Attorney General, the Bureau of
Justice Assistance, the National Institute of Justice, and the
Bureau of Justice Statistics may appoint (to be assigned or
employed on an interim or as-needed basis) such hearing
examiners (who shall, if so designated [by the Attorney
General], be understood to be comprised within the meaning of
``special government employee'' under section 202 of title 18,
United States [Code)] 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) [such hearing examiners] or administrative law
judges or request the use of such administrative law judges
selected by the Office of Personnel Management pursuant to
section 3344 of title 5, United States Code, as shall be
[necessary to carry out] necessary or convenient to assist them
in carrying out their respective powers and [duties under this
title] duties under any law administered by or under the
Office. The Bureau of Justice Assistance, the National
Institute of Justice, and the Bureau of Justice Statistics or
upon authorization, any member thereof [or any], or (subject to
such limitations as the appointing authority may, in its sole
discretion, impose from time to time) any hearing examiner or
administrative law judge assigned to or employed thereby, shall
have the power to hold hearings and issue subpoenas, administer
oaths, examine witnesses, conduct [examinations and]
examinations, and receive evidence at any place in the United
States they respectively may designate.
* * * * * * *
Part L--Public Safety Officers' Death Benefits
Subpart 1--Death Benefits
payments
Sec. 1201. (a) In any case in which the Bureau of Justice
Assistance (hereinafter in this part referred to as the
``Bureau'') determines, under regulations issued pursuant to
this part, that a public safety officer has died as the direct
and proximate result of a personal injury sustained in the line
of duty, a benefit of $250,000, adjusted in accordance with
subsection (h), and calculated in accordance with subsection
(i), shall be payable by the Bureau, as follows (if the payee
indicated is living on the date on which the determination is
made)--
(1) if there is no child who survived the public
safety officer, to the surviving spouse of the public
safety officer;
(2) if there is at least 1 child who survived the
public safety officer and a surviving spouse of the
public safety officer, 50 percent to the surviving
child (or children, in equal shares) and 50 percent to
the surviving spouse;
(3) if there is no surviving spouse of the public
safety officer, to the surviving child (or children, in
equal shares);
(4) if there is no surviving spouse of the public
safety officer and no surviving child--
(A) to the surviving individual (or
individuals, in shares per the designation, or,
otherwise, in equal shares) designated by the
public safety officer to receive benefits under
this subsection in the most recently executed
designation of beneficiary of the public safety
officer on file at the time of death with the
public safety agency, organization, or unit; or
(B) if there is no individual qualifying
under subparagraph (A), to the surviving
individual (or individuals, in equal shares)
designated by the public safety officer to
receive benefits under the most recently
executed life insurance policy of the public
safety officer on file at the time of death
with the public safety agency, organization, or
unit;
(5) if there is no individual qualifying under
paragraph (1), (2), (3), or (4), to the surviving
parent (or parents, in equal shares) of the public
safety officer; or
(6) if there is no individual qualifying under
paragraph (1), (2), (3), (4), or (5), to the surviving
individual (or individuals, in equal shares) who would
qualify under the definition of the term ``child''
under section 1204 but for age.
(b) In accordance with regulations issued pursuant to this
part, in any case in which the Bureau determines that a public
safety officer has become permanently and totally disabled as
the direct and proximate result of a personal injury sustained
in the line of duty, a benefit shall be payable to the public
safety officer (if living on the date on which the
determination is made) in the same amount that would be
payable, as of the date such injury was sustained (including as
adjusted in accordance with subsection (h), and calculated in
accordance with subsection (i)), if such determination were a
determination under subsection (a): Provided, That for the
purposes of making these benefit payments, there are authorized
to be appropriated for each fiscal year such sums as may be
necessary.
(c) Whenever the Bureau determines upon a showing of need and
prior to taking final action, that the death of a public safety
officer is one with respect to which a benefit will probably be
paid, the Bureau may make an interim benefit payment not
exceeding $6,000, adjusted in accordance with subsection (h),
to the individual entitled to receive a benefit under
subsection (a) of this section.
(d) The amount of an interim payment under subsection (c)
shall be deducted from the amount of any final benefit paid to
such individual.
(e) Where there is no final benefit paid, the recipient of
any interim payment under subsection (c) shall be liable for
repayment of such amount. The Bureau may waive all or part of
such repayment, considering for this purpose the hardship which
would result from such repayment.
(f) The benefit payable under this part shall be in addition
to any other benefit that may be due from any other source,
except--
(1) payments authorized by section 12(k) of the Act
of September 1, 1916;
(2) benefits authorized by section 8191 of title 5,
United States Code, such that beneficiaries shall
receive only such benefits under such section 8191 as
are in excess of the benefits received under this part;
or
(3) payments under the September 11th Victim
Compensation Fund of 2001 (49 U.S.C. 40101 note; Public
Law 107-42).
(g) No benefit paid under this part shall be subject to
execution or attachment.
(h) On October 1 of each fiscal year beginning after the
effective date of this subsection, the Bureau shall adjust the
level of the benefit payable immediately before such October 1
under subsections (a) and (b) and the level of the interim
benefit payable immediately before such October 1 under
subsection (c), to reflect the annual percentage change in the
Consumer Price Index for All Urban Consumers, published by the
Bureau of Labor Statistics, occurring in the 1-year period
ending on June 1 immediately preceding such October 1.
(i) The amount payable under subsections (a) and (b), with
respect to the death or permanent and total disability of a
public safety officer, shall be the greater of--
(1) the amount payable under the relevant subsection
as of the date of death or of the catastrophic injury
of the public safety officer; or
(2) in any case in which the claim filed thereunder
has been pending for more than 365 days at the time of
final determination by the Bureau, the amount that
would be payable under the relevant subsection if the
death or the catastrophic injury of the public safety
officer had occurred on the date on which the Bureau
makes such final determination.
(j)(1) No benefit is payable under this part with respect to
the death of a public safety officer if a benefit is paid under
this part with respect to the disability of such officer.
(2) No benefit is payable under this part with respect to the
disability of a public safety officer if a benefit is payable
under this part with respect to the death of such public safety
officer.
(k) As determined by the Bureau, a heart attack, stroke, or
vascular rupture suffered by a public safety officer shall be
presumed to constitute a personal injury within the meaning of
subsection (a), sustained in the line of duty by the officer
and directly and proximately resulting in death, if--
(1) the public safety officer, while on duty--
(A) engages in a situation involving
nonroutine stressful or strenuous physical law
enforcement, fire suppression, rescue,
hazardous material response, emergency medical
services, prison security, disaster relief, or
other emergency response activity; or
(B) participates in a training exercise
involving nonroutine stressful or strenuous
physical activity;
(2) the heart attack, stroke, or vascular rupture
commences--
(A) while the officer is engaged or
participating as described in paragraph (1);
(B) while the officer remains on that duty
after being engaged or participating as
described in paragraph (1); or
(C) not later than 24 hours after the officer
is engaged or participating as described in
paragraph (1); and
(3) the heart attack, stroke, or vascular rupture
directly and proximately results in the death of the
public safety officer,
unless competent medical evidence establishes that the heart
attack, stroke, or vascular rupture was unrelated to the
engagement or participation or was directly and proximately
caused by something other than the mere presence of
cardiovascular-disease risk factors.
(l) For purposes of subsection (k), ``nonroutine stressful or
strenuous physical'' excludes actions of a clerical,
administrative, or nonmanual nature.
(m) The Bureau may suspend or end collection action on an
amount disbursed pursuant to a statute enacted retroactively or
otherwise disbursed in error under subsection (a), (b), or (c),
where such collection would be impractical, or would cause
undue hardship to a debtor who acted in good faith.
(n) The public safety agency, organization, or unit
responsible for maintaining on file an executed designation of
beneficiary or executed life insurance policy for purposes of
subsection (a)(4) shall maintain the confidentiality of the
designation or policy in the same manner as the agency,
organization, or unit maintains personnel or other similar
records of the public safety officer.
(o) Post-traumatic Stress Disorder and Acute Stress
Disorder.--
(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 in the jurisdiction where the
incident takes place; and
(ii) an incident that results in a
sudden temporal 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) within 1 event; and
(iii) in 1 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 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 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.
* * * * * * *
definitions
Sec. 1204. As used in this part--
(1) ``action outside of jurisdiction'' means an
action, not in the course of any compensated employment
involving either the performance of public safety
activity or the provision of security services, by a
law enforcement officer, firefighter, or member of a
rescue squad or ambulance crew that--
(A) was taken in a jurisdiction where--
(i) the law enforcement officer or
firefighter then was not authorized to
act, in the ordinary course, in an
official capacity; or
(ii) the member of a rescue squad or
ambulance crew then was not authorized
or licensed to act, in the ordinary
course, by law or by the applicable
agency or entity;
(B) then would have been within the authority
and line of duty of--
(i) a law enforcement officer or a
firefighter to take, who was authorized
to act, in the ordinary course, in an
official capacity, in the jurisdiction
where the action was taken; or
(ii) a member of a rescue squad or
ambulance crew to take, who was
authorized or licensed by law and by a
pertinent agency or entity to act, in
the ordinary course, in the
jurisdiction where the action was
taken; and
(C) was, in an emergency situation that
presented an imminent and significant danger or
threat to human life or of serious bodily harm
to any individual, taken--
(i) by a law enforcement officer--
(I) to prevent, halt, or
respond to the immediate
consequences of a crime
(including an incident of
juvenile delinquency); or
(II) while engaging in a
rescue activity or in the
provision of emergency medical
services;
(ii) by a firefighter--
(I) while engaging in fire
suppression; or
(II) while engaging in a
rescue activity or in the
provision of emergency medical
services; or
(iii) by a member of a rescue squad
or ambulance crew, while engaging in a
rescue activity or in the provision of
emergency medical services;
(2) ``candidate officer'' means an individual who is
enrolled or admitted, as a cadet or trainee, in a
formal and officially established program of
instruction or of training (such as a police or fire
academy) that is specifically intended to result upon
completion, in the--
(A) commissioning of such individual as a law
enforcement officer;
(B) conferral upon such individual of
official authority to engage in fire
suppression (as an officer or employee of a
public fire department or as an officially
recognized or designated member of a legally
organized volunteer fire department); or
(C) granting to such individual official
authorization or license to engage in a rescue
activity, or in the provision of emergency
medical services, as a member of a rescue
squad, or as a member of an ambulance crew that
is (or is a part of) the agency or entity that
is sponsoring the individual's enrollment or
admission;
(3) ``blind'' means an individual who has central
visual acuity of 20/200 or less in the better eye with
the use of a correcting lens or whose eye is
accompanied by a limitation in the fields of vision
such that the widest diameter of the visual field
subtends an angle no greater than 20 degrees;
(4) ``catastrophic injury'' means an injury, the
direct and proximate result of which is to permanently
render an individual functionally incapable (including
through a directly and proximately resulting
neurocognitive disorder), based on the state of
medicine on the date on which the claim is determined
by the Bureau, of performing work, including sedentary
work: Provided, That, if it appears that a claimant may
be functionally capable of performing work--
(A) the Bureau shall disregard work where any
compensation provided is de minimis, nominal,
honorary, or mere reimbursement of incidental
expenses, such as--
(i) work that involves ordinary or
simple tasks, that because of the
claimed disability, the claimant cannot
perform without significantly more
supervision, accommodation, or
assistance than is typically provided
to an individual without the claimed
disability doing similar work;
(ii) work that involves minimal
duties that make few or no demands on
the claimant and are of little or no
economic value to the employer; or
(iii) work that is performed
primarily for therapeutic purposes and
aids the claimant in the physical or
mental recovery from the claimed
disability; and
(B) the claimant shall be presumed, absent
clear and convincing medical evidence to the
contrary as determined by the Bureau, to be
functionally incapable of performing such work
if the direct and proximate result of the
injury renders the claimant--
(i) blind;
(ii) parapalegic; or
(iii) quadriplegic;
(5) ``chaplain'' includes any individual serving as
an officially recognized or designated member of a
legally organized volunteer fire department or legally
organized police department, or an officially
recognized or designated public employee of a legally
organized fire or police department who was responding
to a fire, rescue, or police emergency;
(6) ``child'' means any natural, illegitimate,
adopted, or posthumous child or stepchild of a deceased
or permanently and totally disabled public safety
officer who, at the time of the public safety officer's
death or fatal injury (in connection with any claim
predicated upon such death or injury) or the date of
the public safety officer's catastrophic injury or of
the final determination by the Bureau of any claim
predicated upon such catastrophic injury, is--
(A) 18 years of age or under;
(B) over 18 years of age and a student as
defined in section 8101 of title 5, United
States Code; or
(C) over 18 years of age and incapable of
self-support because of physical or mental
disability;
(7) ``firefighter'' includes an individual serving as
an officially recognized or designated member of a
legally organized volunteer fire department, including
an individual who, as such a member, engages in scene
security or traffic management as the primary or only
duty of the individual during emergency response;
(8) ``intoxication'' means a disturbance of mental or
physical faculties resulting from the introduction of
alcohol into the body as evidence by--
(A) a post-injury blood alcohol level of .20
per centum or greater; or
(B) a post-injury blood alcohol level of at
least .10 per centum but less than .20 per
centum unless the Bureau receives convincing
evidence that the public safety officer was not
acting in an intoxicated manner immediately
prior to his fatal or catastrophic injury;
or resulting from drugs or other substances in the
body;
(9) ``law enforcement officer'' means an individual
involved in crime and juvenile delinquency control or
reduction, or enforcement of the criminal laws
(including juvenile delinquency), including, but not
limited to, police, corrections, probation, parole, and
judicial officers;
(10) ``member of a rescue squad or ambulance crew''
means an officially recognized or designated employee
or volunteer member of a rescue squad or ambulance crew
(including a ground or air ambulance service) that--
(A) is a public agency; or
(B) is (or is a part of) a nonprofit entity
serving the public that--
(i) is officially authorized or
licensed to engage in rescue activity
or to provide emergency medical
services; and
(ii) engages in rescue activities or
provides emergency medical services as
part of an official emergency response
system;
(11) ``neurocognitive disorder'' means a disorder
that is characterized by a clinically significant
decline in cognitive functioning and may include
symptoms and signs such as disturbances in memory,
executive functioning (that is, higher-level cognitive
processes, such as, regulating attention, planning,
inhibiting responses, decision-making), visual-spatial
functioning, language, speech, perception, insight,
judgment, or an insensitivity to social standards[;
and];
(12) ``sedentary work'' means work that--
(A) involves lifting articles weighing no
more than 10 pounds at a time or occasionally
lifting or carrying articles such as docket
files, ledgers, or small tools; and
(B) despite involving sitting on a regular
basis, may require walking or standing on an
occasional [basis.] basis;
(13) ``public agency'' means the United States, any
State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands of
the United States, Guam, American Samoa, the Trust
Territory of the Pacific Islands, the Commonwealth of
the Northern Mariana Islands, and any territory or
possession of the United States, or any unit of local
government, agency, or instrumentality of any of the
foregoing, and includes (as may be prescribed by
regulation hereunder) a legally organized volunteer
fire department that is a nonprofit entity and provides
services without regard to any particular relationship
(such as a subscription) a member of the public may
have with such a department; and
(14) ``public safety officer'' means--
(A) an individual serving a public agency in
an official capacity, with or without
compensation, as a law enforcement officer, as
a firefighter, or as a chaplain: Provided, That
(notwithstanding section 1205(b)(2) or (3)) the
Bureau shall, absent clear and convincing
evidence to the contrary as determined by the
Bureau, deem the actions outside of
jurisdiction taken by any such law enforcement
officer or firefighter, to have been taken
while serving such public agency in such
capacity, in any case in which the principal
legal officer of such public agency, and the
head of such agency, together, certify that
such actions--
(i) were not unreasonable;
(ii) would have been within the
authority and line of duty of such law
enforcement officer or such firefighter
to take, had they been taken in a
jurisdiction where such law enforcement
officer or firefighter was authorized
to act, in the ordinary course, in an
official capacity; and
(iii) would have resulted in the
payment of full line-of-duty death or
disability benefits (as applicable), if
any such benefits typically were
payable by (or with respect to or on
behalf of) such public agency, as of
the date the actions were taken;
(B) a candidate officer who is engaging in an
activity or exercise that itself is a formal or
required part of the program in which the
candidate officer is enrolled or admitted, as
provided in this section;
(C) an employee of the Federal Emergency
Management Agency who is performing official
duties of the Agency in an area, if those
official duties--
(i) are related to a major disaster
or emergency that has been, or is
later, declared to exist with respect
to the area under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et
seq.); and
(ii) are determined by the Director
of the Federal Emergency Management
Agency to be hazardous duties;
(D) an employee of a State, local, or tribal
emergency management or civil defense agency
who is performing official duties in
cooperation with the Federal Emergency
Management Agency in an area, if those official
duties--
(i) are related to a major disaster
or emergency that has been, or is
later, declared to exist with respect
to the area under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et
seq.); and
(ii) are determined by the head of
the agency to be hazardous duties;
(E) a member of a rescue squad or ambulance
crew who, as authorized or licensed by law and
by the applicable agency or entity, is engaging
in rescue activity or in the provision of
emergency medical services: Provided, That
(notwithstanding section 1205(b)(2) or (3)) the
Bureau shall, absent clear and convincing
evidence to the contrary as determined by the
Bureau, deem the actions outside of
jurisdiction taken by any such member to have
been thus authorized or licensed, in any case
in which the principal legal officer of such
agency or entity, and the head of such agency
or entity, together, certify that such
actions--
(i) were not unreasonable;
(ii) would have been within the
authority and line of duty of such
member to take, had they been taken in
a jurisdiction where such member was
authorized or licensed by law and by a
pertinent agency or entity to act, in
the ordinary course; and
(iii) would have resulted in the
payment of full line-of-duty death or
disability benefits (as applicable), if
any such benefits typically were
payable by (or with respect to or on
behalf of) such applicable agency or
entity, as of the date the action was
taken;
(F) an individual appointed to the National
Disaster Medical System under section 2812 of
the Public Health Service Act (42 U.S.C. 300hh-
11) who is performing official duties of the
Department of Health and Human Services, if
those official duties are--
(i) related to responding to a public
health emergency or potential public
health emergency, or other activities
for which the Secretary of Health and
Human Services has activated such
National Disaster Medical System; and
(ii) determined by the Secretary of
Health and Human Services to be
hazardous; or
[(F)] (G) an employee or contractor of the
Department of Energy who--
(i) is--
(I) a nuclear materials
courier (as defined in section
8331(27) of title 5, United
States Code); or
(II) designated by the
Secretary of Energy as a member
of an emergency response team;
and
(ii) is performing official duties of
the Department, pursuant to a
deployment order issued by the
Secretary, to protect the public,
property, or the interests of the
United States by--
(I) assessing, locating,
identifying, securing,
rendering safe, or disposing of
weapons of mass destruction (as
defined in section 1403 of the
Defense Against Weapons of Mass
Destruction Act of 1996 (50
U.S.C. 2302)); or
(II) managing the immediate
consequences of a radiological
release or exposure.
* * * * * * *
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