Public Safety Officers’' Benefits (PSOB) and
August 23, 2022
Public Safety Officers’ Educational Assistance
Scott D. Szymendera
(PSOEA) Programs
Analyst in Disability Policy
The Public Safety Officers’Public Safety Officers' Educational Assistance (PSOEA) Programs
Updated March 18, 2025
(R45327)
Jump to Main Text of Report
Summary
The Public Safety Officers' Benefits (PSOB) program provides cash benefits to federal, state, and Benefits (PSOB) program provides cash benefits to federal, state, and
local law enforcement officers; firefighters; employees of emergency management agencies; and local law enforcement officers; firefighters; employees of emergency management agencies; and
members of emergency medical services agencies who are killed or permanently and totally members of emergency medical services agencies who are killed or permanently and totally
disabled as the result of personal injuries sustained in the line of duty. The Public Safety Officersdisabled as the result of personal injuries sustained in the line of duty. The Public Safety Officers
’' Educational Assistance Educational Assistance
(PSOEA) program, a component of the PSOB program, provides higher-education assistance to the children and spouses of (PSOEA) program, a component of the PSOB program, provides higher-education assistance to the children and spouses of
public safety officers killed or permanently disabled in the line of duty.public safety officers killed or permanently disabled in the line of duty.
The PSOB and PSOEA programs are administered by the Department of Justice (DOJ), Bureau of Justice Assistance (BJA). The PSOB and PSOEA programs are administered by the Department of Justice (DOJ), Bureau of Justice Assistance (BJA).
Claimants dissatisfied with denials of benefits may pursue administrative appeals within DOJ and may seek judicial review Claimants dissatisfied with denials of benefits may pursue administrative appeals within DOJ and may seek judicial review
before the United States Court of Appeals for the Federal Circuit.before the United States Court of Appeals for the Federal Circuit.
Each year, Congress appropriates funding for PSOB death benefits, which is considered mandatory spending, and for PSOB Each year, Congress appropriates funding for PSOB death benefits, which is considered mandatory spending, and for PSOB
disability benefits and PSOEA benefits, which is subject to annual appropriations. For disability benefits and PSOEA benefits, which is subject to annual appropriations. For
FY2022FY2025, the one-time lump-sum , the one-time lump-sum
PSOB death and disability benefit is $PSOB death and disability benefit is $
389,825448,575 and the PSOEA monthly benefit for a student attending an educational and the PSOEA monthly benefit for a student attending an educational
institution full-time is $1,298.
Public safety officers who contract Coronavirus Disease 2019 (COVID-19) in the line of duty may be eligible for PSOB benefits. The Safeguarding America’s First Responders Act (S. 3607, P.L. 116-157) provides a presumption of PSOB eligibility for public safety officers who were on duty beginning January 1, 2020.
institution full-time is $1,536.
On November 18, 2021, President Joe Biden signed into law the Protecting AmericaOn November 18, 2021, President Joe Biden signed into law the Protecting America
’'s First Responders Act of 2021 (P.L. s First Responders Act of 2021 (P.L.
117-61) which made numerous amendments to the PSOB and PSOEA programs as indicated in various places in this report.117-61) which made numerous amendments to the PSOB and PSOEA programs as indicated in various places in this report.
On August 16, 2022, President On August 16, 2022, President
Joe Biden signed into law the Public Safety Officer Support Act of 2022 (P.L. 117-172Biden signed into law the Public Safety Officer Support Act of 2022 (P.L. 117-172
),), which which
expanded PSOB coverage to include, in certain cases, mental health conditions such as post-traumatic stress disorder expanded PSOB coverage to include, in certain cases, mental health conditions such as post-traumatic stress disorder
(PTSD), disabilities caused by attempted suicides, and deaths caused by officer suicides.
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Contents
Public Safety Officers’ Benefits Program........................................................................................ 1
Eligible Public Safety Officers .................................................................................................. 1
Law Enforcement Officer, Firefighter, or Chaplain ............................................................ 1
Emergency Management Agency Employee ...................................................................... 2
Emergency Medical Services Member ............................................................................... 3
Department of Energy Employee ........................................................................................ 3
Injury Requirement ................................................................................................................... 3
Physical Injury .................................................................................................................... 3
Mental Health Conditions ................................................................................................... 4
Cardiovascular Conditions and COVID-19 ........................................................................ 4
Line of Duty Requirement ........................................................................................................ 4
Presumption of Eligibility for Heart Attack, Stroke, or Vascular Rupture .......................... 4
Presumption of Eligibility for COVID-19 .......................................................................... 5
Presumption of Eligibility for Mental Health Conditions and Suicide ............................... 5
Actions Outside of Jurisdiction ........................................................................................... 6
Benefit Amount ......................................................................................................................... 6
Payments to Survivors ............................................................................................................... 7
Definition of Disability ............................................................................................................. 8
Application Process ................................................................................................................... 9
Public Safety Officers’ Educational Assistance Program .............................................................. 10
Eligibility ................................................................................................................................ 10
Amount of Benefits ................................................................................................................. 10
Duration of Benefits ................................................................................................................. 11
PSOB and PSOEA Appeals Process ............................................................................................... 11
Budget and Appropriations ............................................................................................................ 12
Contacts
Author Information ........................................................................................................................ 12
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(PTSD), disabilities caused by attempted suicides, and deaths caused by officer suicides.
The Public Safety Officershe Public Safety Officers
’' Benefits (PSOB) program provides cash benefits to federal, Benefits (PSOB) program provides cash benefits to federal,
state, and local law enforcement officers; firefighters; employees of emergency state, and local law enforcement officers; firefighters; employees of emergency
T management agencies; and members of emergency medical services agencies who are management agencies; and members of emergency medical services agencies who are
killed or permanently and totally disabled as the result of personal injuries sustained in the line of killed or permanently and totally disabled as the result of personal injuries sustained in the line of
duty.duty.
11 The Public Safety Officers The Public Safety Officers
’' Educational Assistance (PSOEA) program, a component of the Educational Assistance (PSOEA) program, a component of the
PSOB program, provides higher-education assistance to the children and spouses of public safety PSOB program, provides higher-education assistance to the children and spouses of public safety
officers killed or permanently disabled in the line of duty.officers killed or permanently disabled in the line of duty.
22 Both programs are administered by the Both programs are administered by the
PSOB Office of the Department of Justice (DOJ), Bureau of Justice Assistance (BJA).PSOB Office of the Department of Justice (DOJ), Bureau of Justice Assistance (BJA).
3
3
Congress appropriates funds for these programs in the annual Departments of Commerce and Congress appropriates funds for these programs in the annual Departments of Commerce and
Justice, Science, and Related Agencies Appropriations Act. For Justice, Science, and Related Agencies Appropriations Act. For
FY2022FY2025, the one-time lump-sum , the one-time lump-sum
PSOB benefit is $PSOB benefit is $
389,825448,575 and the monthly full-time attendance PSOEA benefits is $1, and the monthly full-time attendance PSOEA benefits is $1,
298536. The . The
PSOB and PSOEA benefit amounts are indexed to reflect changes in the cost of living.PSOB and PSOEA benefit amounts are indexed to reflect changes in the cost of living.
Public Safety Officers’' Benefits Program
Eligible Public Safety Officers
To be eligible for PSOB benefits for death or disability, a person must have served in one of the To be eligible for PSOB benefits for death or disability, a person must have served in one of the
following categories of public safety officers:following categories of public safety officers:
law enforcement officer, firefighter, or chaplain in a public agency;law enforcement officer, firefighter, or chaplain in a public agency;
FEMA employee or a state, local, or tribal emergency management agency FEMA employee or a state, local, or tribal emergency management agency
employee;employee;
emergency medical services member; oremergency medical services member; or
Department of Energy nuclear courier or emergency response team member.Department of Energy nuclear courier or emergency response team member.
There is no minimum amount of time a person must have served to be eligible for benefits.There is no minimum amount of time a person must have served to be eligible for benefits.
Law Enforcement Officer, Firefighter, or Chaplain
To be eligible for PSOB benefits as a law enforcement officer, firefighter, or chaplain, a person To be eligible for PSOB benefits as a law enforcement officer, firefighter, or chaplain, a person
must have served in a must have served in a
“"public agencypublic agency
”" in an official capacity, with or without compensation. in an official capacity, with or without compensation.
44 For For
the purposes of PSOB eligibility, a public agency is defined asthe purposes of PSOB eligibility, a public agency is defined as
the federal government and any department, agency, or instrumentality of the the federal government and any department, agency, or instrumentality of the
federal government;federal government;
5
5
any state government, the District of Columbia government, and any U.S. any state government, the District of Columbia government, and any U.S.
territory or possession; and
1 The Public Safety Officers’ Benefits (PSOB) program is authorized in statute at Part L of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. §§10281-10288).
2 The Public Safety Officers’ Educational Assistance (PSOEA) program is authorized in statute at 34 U.S.C. §§10301-10308.
3 The PSOB program website is at https://psob.bja.ojp.gov/. 4 34 U.S.C. §10284(14). 5 Per Title 34, Section 10282(a)(5), of the U.S. Code, PSOB benefits are available only to persons employed in a “civilian capacity.” Thus, while federal law enforcement officers, including civilian law enforcement officers employed by the Department of Defense, are eligible for PSOB, members of the armed forces serving in law enforcement roles (e.g., military police, masters at arms) are not eligible for PSOB.
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territory or possession; and
any local government, department, agency, or instrumentality of a state, the any local government, department, agency, or instrumentality of a state, the
District of Columbia, or any U.S. territory or possession.District of Columbia, or any U.S. territory or possession.
6
6 Law Enforcement Officer
For the purposes of PSOB eligibility, a law enforcement officer is defined as For the purposes of PSOB eligibility, a law enforcement officer is defined as
“"an individual an individual
involved in crime and juvenile delinquency control or reduction, or enforcement of the criminal 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, laws (including juvenile delinquency), including, but not limited to, police, corrections,
probation, parole, and judicial officers.probation, parole, and judicial officers.
”7 "7
Firefighter
For the purposes of PSOB eligibility, the definition of For the purposes of PSOB eligibility, the definition of
firefighter includes both professional includes both professional
firefighters and persons serving as an firefighters and persons serving as an
“"officially recognized or designated member of a legally officially recognized or designated member of a legally
organized volunteer fire department.organized volunteer fire department.
”8"8 In addition to members responsible for fire suppression In addition to members responsible for fire suppression
and rescue services, members of volunteer fire departments who are responsible for scene and rescue services, members of volunteer fire departments who are responsible for scene
security and traffic management as their primary or only duties (often referred to as fire-police) security and traffic management as their primary or only duties (often referred to as fire-police)
are considered firefighters for the purposes of PSOB eligibility.are considered firefighters for the purposes of PSOB eligibility.
9 9
Chaplain
A chaplain is eligible for PSOB benefits if he or she is either an A chaplain is eligible for PSOB benefits if he or she is either an
“"officially recognized or officially recognized or
designated member of a legally organized volunteer fire department or legally organized police designated member of a legally organized volunteer fire department or legally organized police
department”department" or a public employee of a police or fire department and was responding to a police, or a public employee of a police or fire department and was responding to a police,
fire, or rescue emergency.fire, or rescue emergency.
1010
Candidate-Officer
A person who is enrolled or admitted as a cadet or trainee in a formal training program, such as a A person who is enrolled or admitted as a cadet or trainee in a formal training program, such as a
police or fire academy, that leads to a law enforcement commission or official license or police or fire academy, that leads to a law enforcement commission or official license or
authorization to perform fire suppression, rescue, or emergency medical services activities is authorization to perform fire suppression, rescue, or emergency medical services activities is
considered a public safety officer for the purposes of PSOB eligibility while engaged in an considered a public safety officer for the purposes of PSOB eligibility while engaged in an
activity that is a formal part of the training program.activity that is a formal part of the training program.
1111
Emergency Management Agency Employee
Employees of the Federal Emergency Management Agency (FEMA) and state, local, or tribal Employees of the Federal Emergency Management Agency (FEMA) and state, local, or tribal
emergency management agencies may be eligible for PSOB benefits under certain conditions emergency management agencies may be eligible for PSOB benefits under certain conditions
provided in statute. A FEMA employee or an employee of a state, local, or tribal emergency provided in statute. A FEMA employee or an employee of a state, local, or tribal emergency
management agency working with FEMA is eligible for PSOB benefits if he or she is performing management agency working with FEMA is eligible for PSOB benefits if he or she is performing
official duties that are related to a major disaster or an emergency declared under the Robert T. official duties that are related to a major disaster or an emergency declared under the Robert T.
6 34 U.S.C. §10284(13). 7 34 U.S.C. §10284(9). 8 34 U.S.C. §10284(7). Pursuant to Section 2 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61), the volunteer fire department must be a nonprofit entity that provides services without regard to any relationship, such as a subscription, that a person may have with the department.
9 This provision was added by Section 3 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61). 10 34 U.S.C. §10284(5). 11 34 U.S.C. §§10284(2) and (14)(B).
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Stafford Disaster Relief and Emergency Assistance Act (Stafford Act)12Stafford Disaster Relief and Emergency Assistance Act (Stafford Act)12 and that are considered and that are considered
hazardous by the FEMA Administrator or the head of the state, local, or tribal agency.hazardous by the FEMA Administrator or the head of the state, local, or tribal agency.
13 13
Emergency Medical Services Member
A member, including a volunteer member, of a rescue squad or A member, including a volunteer member, of a rescue squad or
“"ambulance crewambulance crew
”" who is who is
authorized or licensed by law and the applicable agency and is engaging in rescue services or authorized or licensed by law and the applicable agency and is engaging in rescue services or
providing emergency medical services may be eligible for PSOB benefits.providing emergency medical services may be eligible for PSOB benefits.
1414 The rescue squad or The rescue squad or
ambulance service may provide ground or air ambulance services and may be either a public ambulance service may provide ground or air ambulance services and may be either a public
agency or a nonprofit entity authorized to provide rescue or emergency medical services.agency or a nonprofit entity authorized to provide rescue or emergency medical services.
1515 By By
PSOB regulation, eligible emergency medical services workers include rescue workers, PSOB regulation, eligible emergency medical services workers include rescue workers,
ambulance drivers, paramedics, health care responders, emergency medical technicians, or others ambulance drivers, paramedics, health care responders, emergency medical technicians, or others
who are trained in rescue activity or emergency medical services and have the legal authority and who are trained in rescue activity or emergency medical services and have the legal authority and
responsibility to provide such services.responsibility to provide such services.
1616
Department of Energy Employee
An employee of the Department of Energy (DOE) may be eligible for PSOB benefits if that An employee of the Department of Energy (DOE) may be eligible for PSOB benefits if that
employee is a nuclear material courier or member of an emergency response team and is employee is a nuclear material courier or member of an emergency response team and is
performing official duties of the DOE to assess, locate, identify, secure, render safe, or dispose of performing official duties of the DOE to assess, locate, identify, secure, render safe, or dispose of
weapons of mass destruction or manage the immediate consequences of a radiological release or weapons of mass destruction or manage the immediate consequences of a radiological release or
exposure.exposure.
17 17
Injury Requirement
Physical Injury
To qualify for coverage under the PSOB program, a public safety officerTo qualify for coverage under the PSOB program, a public safety officer
’'s disability or death s disability or death
must have been the result of a personal injury. The PSOB regulation defines an injury for the must have been the result of a personal injury. The PSOB regulation defines an injury for the
purposes of benefit eligibility aspurposes of benefit eligibility as
:
a traumatic physical wound (or a traumatized physical condition of the body) directly and a traumatic physical wound (or a traumatized physical condition of the body) directly and
proximately caused by external force (such as bullets, explosives, sharp instruments, blunt proximately caused by external force (such as bullets, explosives, sharp instruments, blunt
objects, or physical blows), chemicals, electricity, climatic conditions, infectious disease, objects, or physical blows), chemicals, electricity, climatic conditions, infectious disease,
radiation, radiation,
viriivirus, or bacteria, and includes (with respect to a WTC [World Trade Center] responder) a WTC-related health condition.18
Mental Health Conditions
, or bacteria.18
12 The Stafford Act is in statute at 42 U.S.C. §§5121 et seq. For additional information on emergency and disaster declarations under the Stafford Act, see CRS Report R43784, FEMA’s Disaster Declaration Process: A Primer. The definition of hazardous duty for the purposes of determining the eligibility of emergency management employees is not defined in statute or regulation. Rather, the determination of whether duty is hazardous is made by the FEMA Administrator or head of the relevant state, local, or tribal emergency management agency.
13 34 U.S.C. §§10284(14)(c) and (d). 14 34 U.S.C. §10284(10). 15 Employees of for-profit companies providing emergency medical services under contract to a unit of government are not eligible for PSOB benefits.
16 28 C.F.R. §32.3. 17 34 U.S.C. §10284(14)(f). This provision was added by Section 3 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61).
18 28 C.F.R. §32.3.
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Mental Health Conditions
At the time of enactment of P.L. 117-172, the PSOB regulation also generally At the time of enactment of P.L. 117-172, the PSOB regulation also generally
providesprovided that the that the
definition of definition of
an injury doesinjury did not include an occupational disease or a condition of the body caused not include an occupational disease or a condition of the body caused
by stress or strain, including mental health conditions such as post-traumatic stress disorder. by stress or strain, including mental health conditions such as post-traumatic stress disorder.
However, an amendment to the statute enacted on August 16, 2022, expanded the definition of However, an amendment to the statute enacted on August 16, 2022, expanded the definition of
an injury to include post-traumatic stress disorder, acute stress disorders, and trauma- and stress-injury to include post-traumatic stress disorder, acute stress disorders, and trauma- and stress-
related disorders in cases in which an officer was exposed on duty to one or more of the following related disorders in cases in which an officer was exposed on duty to one or more of the following
types of traumatic events:types of traumatic events:
a homicide, suicide, or the a homicide, suicide, or the
“"violent or gruesome deathviolent or gruesome death
”" of a person (including a of a person (including a
death from a mass casualty or fatality event or mass shooting);death from a mass casualty or fatality event or mass shooting);
a “
a "harrowing circumstanceharrowing circumstance
”" posing an posing an
“"extraordinary and significantextraordinary and significant
”" danger to danger to
the life of, or serious bodily harm to any person (including a mass casualty or the life of, or serious bodily harm to any person (including a mass casualty or
fatality event or mass shooting); andfatality event or mass shooting); and
an act of criminal sexual violence against a person.an act of criminal sexual violence against a person.
19
19 An officer is considered to have been exposed to a traumatic event if the officer witnessed the An officer is considered to have been exposed to a traumatic event if the officer witnessed the
event or was subjected to the event or was subjected to the
“"aversive consequencesaversive consequences
”" of the event, including the collection of of the event, including the collection of
human remains.human remains.
Cardiovascular Conditions and COVID-19
The PSOB statute specifically provides for deaths caused by certain cardiovascular conditions The PSOB statute specifically provides for deaths caused by certain cardiovascular conditions
and COVID-19 as discussed later in this report.and COVID-19 as discussed later in this report.
Line of Duty Requirement
The PSOB program covers a public safety officerThe PSOB program covers a public safety officer
’'s death or disability if it occurred as the result s death or disability if it occurred as the result
of an injury incurred in the line of duty. The PSOB regulations provide that an injury occurs in the of an injury incurred in the line of duty. The PSOB regulations provide that an injury occurs in the
line of duty if it (1) is the result of the public safety officerline of duty if it (1) is the result of the public safety officer
’'s authorized activities while on duty, s authorized activities while on duty,
(2) occurs while responding to an emergency or request for assistance, or (3) occurs while (2) occurs while responding to an emergency or request for assistance, or (3) occurs while
commuting to or from duty in an authorized department or personal vehicle.commuting to or from duty in an authorized department or personal vehicle.
20 In addition, if there In addition, if there
is convincing evidence that the injury was the result of the individualis convincing evidence that the injury was the result of the individual
’'s status as a public safety s status as a public safety
officer, that injury is covered by the PSOB program.officer, that injury is covered by the PSOB program.
20
Presumption of Eligibility for Heart Attack, Stroke, or Vascular Rupture
The death of a public safety officer due to a heart attack, stroke, or vascular rupture shall be The death of a public safety officer due to a heart attack, stroke, or vascular rupture shall be
presumed to be a death from a personal injury sustained in the line of duty for the purposes of presumed to be a death from a personal injury sustained in the line of duty for the purposes of
PSOB eligibility if the officer engaged in nonroutine stressful or strenuous physical activity as PSOB eligibility if the officer engaged in nonroutine stressful or strenuous physical activity as
part of an emergency response or training exercise and if the condition began during the physical part of an emergency response or training exercise and if the condition began during the physical
activity, while the officer remained on duty after the physical activity, or within 24 hours of the activity, while the officer remained on duty after the physical activity, or within 24 hours of the
physical activity.physical activity.
21
Presumption of Eligibility for COVID-19
The Safeguarding America'21
19 34 U.S.C. §10281(o). This expanded definition of injury was added by Section 3(a) of the Public Safety Officers Support Act of 2022 (P.L. 117-172), is effective on the date of enactment (August 16, 2022), and applies to any claims pending on that date or filed after that date.
20 28 C.F.R. §32.3. 21 34 U.S.C. §10281(k).
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Presumption of Eligibility for COVID-19
The Safeguarding America’s First Responders Act (P.L. 116-157), as amended by the Protecting s First Responders Act (P.L. 116-157), as amended by the Protecting
America’America's First Responders Act of 2021 (P.L. 117-61), provides a presumption of PSOB s First Responders Act of 2021 (P.L. 117-61), provides a presumption of PSOB
eligibility for public safety officers who have COVID-19 at the time of death or are disabled due eligibility for public safety officers who have COVID-19 at the time of death or are disabled due
to COVID-19.22
Presumption of Eligibility for Death Benefits
For PSOB death benefits, the death of an officer will be presumed to be directly and proximately caused by COVID-19 and incurred in the line of duty, and thus be compensable, if the following conditions are met:
No competent medical evidence exists that the officer’s death was directly and
proximately caused by something other than COVID-19;
The officer engaged in a line of duty action or activity between January 1, 2020,
and the earlier of December 31, 2023, or the date on which the public health emergency for COVID-19 declared by the Secretary of Health and Human Services expires;
The officer was diagnosed with COVID-19, or evidence indicates that the officer
had COVID-19, during the 45-day period beginning with the last day of the officer’s duty; and
Evidence indicates that the officer had COVID-19 or complications from
COVID-19 at the time of his or her death.
Presumption of Eligibility for Disability Benefits
For PSOB disability benefits, a disability caused by COVID-19 or complications from COVID-19 will be presumed to have been incurred in the line of duty, and thus be compensable, if the following conditions are met:
The officer engaged in a to COVID-19.22 To be eligible for this presumption, the officer had to have engaged in line of duty action or activity between January 1, 2020, line of duty action or activity between January 1, 2020,
and the earlier of December 31, 2023, or and May 11, 2023 (the date on which the public health the date on which the public health
emergency for COVID-19 declared by the Secretary of Health and Human emergency for COVID-19 declared by the Secretary of Health and Human
Services expires; and
The officer was diagnosed with COVID-19, or evidence indicates that the officer
had COVID-19, during the 45-day period beginning with the last day of the officer’s dutyServices expired), and had COVID-19 within 45 days of being on duty during the aforementioned period. .
Presumption of Eligibility for Mental Health Conditions and Suicide
A disability caused by post-traumatic stress disorder, acute stress disorder, or trauma- and stress-A disability caused by post-traumatic stress disorder, acute stress disorder, or trauma- and stress-
related disorders is presumed to have been incurred in the line of duty, and thus to be related disorders is presumed to have been incurred in the line of duty, and thus to be
compensable, if the officer was exposed on duty to one of the types of traumatic events provided compensable, if the officer was exposed on duty to one of the types of traumatic events provided
in the statute and such exposure was a substantial factor in the condition.in the statute and such exposure was a substantial factor in the condition.
23
22 34 U.S.C. §10281 note. 23 34 U.S.C. §10281(o). This provision was added by Section 3(a) of the Public Safety Officers Support Act of 2022 (P.L. 117-172).
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23
A disability or death resulting from an officerA disability or death resulting from an officer
’'s attempted suicide or suicide is presumed to have s attempted suicide or suicide is presumed to have
been incurred in the line of duty, and thus be compensable, if one of the following occurred:been incurred in the line of duty, and thus be compensable, if one of the following occurred:
the officerthe officer
’'s exposure on duty to one of the types of traumatic events provided in s exposure on duty to one of the types of traumatic events provided in
the statute was a substantial factor in the attempted suicide or suicide, orthe statute was a substantial factor in the attempted suicide or suicide, or
the officerthe officer
’'s attempted suicide or suicide occurred within 45 days of the officers attempted suicide or suicide occurred within 45 days of the officer
’s
's exposure on duty to one of the types of traumatic events provided in the statute exposure on duty to one of the types of traumatic events provided in the statute
and the attempted suicide or and the attempted suicide or
suicided was consistentsuicide was not inconsistent with a psychiatric disorder. with a psychiatric disorder.
24
24 The eligibility presumption for attempted suicide and suicide is effective for any attempted The eligibility presumption for attempted suicide and suicide is effective for any attempted
suicide or suicide that occurs on or after January 1, 2019.suicide or suicide that occurs on or after January 1, 2019.
Actions Outside of Jurisdiction
A law enforcement officer, firefighter, chaplain, or emergency medical services member may be A law enforcement officer, firefighter, chaplain, or emergency medical services member may be
eligible for PSOB benefits if he or she sustains an injury that occurred while taking certain eligible for PSOB benefits if he or she sustains an injury that occurred while taking certain
actions outside of his or her legal jurisdiction during an emergency situation. Such actions must actions outside of his or her legal jurisdiction during an emergency situation. Such actions must
not have been part of compensated public safety or security work and must have been actions that not have been part of compensated public safety or security work and must have been actions that
would ordinarily be considered within the authorized line of duty of a public safety officer with would ordinarily be considered within the authorized line of duty of a public safety officer with
legal authority to act in that jurisdiction.legal authority to act in that jurisdiction.
2525 Actions taken outside of a public safety officer Actions taken outside of a public safety officer
’s 's jurisdiction shall be presumed to be covered by the PSOB program if the principal legal officer jurisdiction shall be presumed to be covered by the PSOB program if the principal legal officer
and head of the public safety and head of the public safety
officers’officer's agency both certify that the actions agency both certify that the actions
:were not unreasonable,were not unreasonable,
would have been within the authority of the public safety officer had they been would have been within the authority of the public safety officer had they been
taken in the officertaken in the officer
’'s area of jurisdiction, ands area of jurisdiction, and
would have resulted in the payment of applicable full line-of-duty death or would have resulted in the payment of applicable full line-of-duty death or
disability benefits.disability benefits.
2626
Benefit Amount
The lump-sum PSOB death and disability benefit for The lump-sum PSOB death and disability benefit for
FY2022 is $389,825.FY2025 is $448,575.27 The benefit amount is The benefit amount is
adjusted annually to reflect changes in the cost of living using the annual percentage change in adjusted annually to reflect changes in the cost of living using the annual percentage change in
the Consumer Price Index for Urban Consumers (CPI-U) for the one-year period ending in the the Consumer Price Index for Urban Consumers (CPI-U) for the one-year period ending in the
previous June.previous June.
2728 If a public safety officer receives a disability benefit and later dies from the same If a public safety officer receives a disability benefit and later dies from the same
injury, the officerinjury, the officer
’'s survivors may not receive a PSOB death benefit.s survivors may not receive a PSOB death benefit.
The payable benefit amount is based on the date of the public safety officerThe payable benefit amount is based on the date of the public safety officer
’'s death or the date of s death or the date of
the injury that caused the disability, rather than on the date of application for benefits or disability the injury that caused the disability, rather than on the date of application for benefits or disability
determination. Thus, if a benefit increase occurs while an application is pending, the benefit is determination. Thus, if a benefit increase occurs while an application is pending, the benefit is
payable at the previous, lower, benefit level. However, if a claim is pending for more than one payable at the previous, lower, benefit level. However, if a claim is pending for more than one
24 34 U.S.C. §10281(o). This provision was added by Section 3(a) of the Public Safety Officers Support Act of 2022 (P.L. 117-172).
25 34 U.S.C. §10284(1). This provision was added by Section 3 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61).
26 34 U.S.C. §§10284(14)(a) and (e). 27 34 U.S.C. §10281(h).
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year when a final determination is made, the amount of benefits shall be based on the date of the year when a final determination is made, the amount of benefits shall be based on the date of the
determination rather than the date of the death or injury.determination rather than the date of the death or injury.
28
29
A lump-sum interim payment of up to $6,000, subject to the same annual cost-of-living A lump-sum interim payment of up to $6,000, subject to the same annual cost-of-living
adjustment as applied to the total benefit amount, may be made if a PSOB death benefit will adjustment as applied to the total benefit amount, may be made if a PSOB death benefit will
“"probably be paid.probably be paid.
”29"30 The interim payment amount reduces the final PSOB payment amount. The interim payment amount reduces the final PSOB payment amount.
31 If If
the ultimate decision is to deny death benefits, the interim payment must be returned to the the ultimate decision is to deny death benefits, the interim payment must be returned to the
federal government unless this repayment is waived because it would create a hardship for the federal government unless this repayment is waived because it would create a hardship for the
beneficiary.beneficiary.
32
Death and disability benefits are not subject to the federal income tax.Death and disability benefits are not subject to the federal income tax.
3033 In general, PSOB death In general, PSOB death
and disability benefits are paid in addition to any other workersand disability benefits are paid in addition to any other workers
’' compensation, life insurance, or compensation, life insurance, or
other benefits paid for the death of a public safety officer.other benefits paid for the death of a public safety officer.
3134 However, the PSOB death benefit is However, the PSOB death benefit is
offset by the following benefits:offset by the following benefits:
32
35benefits under the Federal Employeesbenefits under the Federal Employees
’' Compensation Act (FECA) payable to Compensation Act (FECA) payable to
state and local law enforcement officers injured or killed while enforcing federal state and local law enforcement officers injured or killed while enforcing federal
law;33
law;36
benefits under the D.C. Retirement and Disability Act of 1916 for certain police benefits under the D.C. Retirement and Disability Act of 1916 for certain police
officers and firefighters in the District of Columbia;officers and firefighters in the District of Columbia;
3437 and and
payments from the September payments from the September
11th11th Victim Compensation Fund (VCF). Victim Compensation Fund (VCF).
35
38Payments to Survivors
PSOB death benefits are payable to the eligible spouse and children of a public safety officer. A PSOB death benefits are payable to the eligible spouse and children of a public safety officer. A
spouse is the person to whom the officer is legally married, even if physically separated, under spouse is the person to whom the officer is legally married, even if physically separated, under
the marriage laws of the jurisdiction where the marriage took place. Pursuant to regulations the marriage laws of the jurisdiction where the marriage took place. Pursuant to regulations
issued after the Supreme Court struck down the federal Defense of Marriage Actissued after the Supreme Court struck down the federal Defense of Marriage Act
in United States
v. Windsor,3639 the legally married spouse of a public safety the legally married spouse of a public safety
officeofficer may be of the same sex as the may be of the same sex as the
officer.37
28 34 U.S.C. §10281(i). This provision was added by Section 2 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61).
29 34 U.S.C. §§10281(c), (d), and (e). The amount of the interim payment was increased from $3,000 to $6,000 and made subject to annual adjustments by Section 2 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61).
30 Section 104(a)(6) of the Internal Revenue Code [26 U.S.C. §104(a)(6)]. 31 PSOB disability benefits may reduce the amount of an officer’s monthly Social Security Disability Insurance (SSDI). For additional information see the section “Workers’ Compensation and Public Disability Benefit Offset” in CRS Report R44948, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI): Eligibility,
Benefits, and Financing.
32 34 U.S.C. §10281(f). 33 5 U.S.C. §8191. For additional information on FECA, see CRS Report R42107, The Federal Employees’
Compensation Act (FECA): Workers’ Compensation for Federal Employees. There is no offset for FECA benefits for federal employees.
34 Section 12 of Act of Sept. 1, 1916, ch. 433, 39 Stat. 718. 35 49 U.S.C. §40101 note. For additional information on the VCF, see CRS Report R45969, The September 11th Victim
Compensation Fund (VCF).
36 570 U.S. 744 (2013). 37 Department of Justice (DOJ), “Public Safety Officers’ Benefit Program,” 79 Federal Register 35492, June 23, 2014.
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officer.40
A child is defined as any A child is defined as any
“"natural, illegitimate, adopted, or posthumous child or stepchildnatural, illegitimate, adopted, or posthumous child or stepchild
”" of the of the
public safety officer who, at the time of the public safety officerpublic safety officer who, at the time of the public safety officer
’'s death or fatal injury or the date s death or fatal injury or the date
of the officerof the officer
’'s injury or final determination of eligibility, iss injury or final determination of eligibility, is
18 years of age or under;18 years of age or under;
between 18 and 23 years of age and a full-time student in high school or between 18 and 23 years of age and a full-time student in high school or
undergraduate higher education; orundergraduate higher education; or
over 18 years of age and incapable of self-support because of physical or mental over 18 years of age and incapable of self-support because of physical or mental
disability.38
disability.41 PSOB death benefits are paid to eligible survivors in the following order:PSOB death benefits are paid to eligible survivors in the following order:
1. 1. if the officer is survived by only a spouse, 100% of the death benefits are payable if the officer is survived by only a spouse, 100% of the death benefits are payable
to the spouse;to the spouse;
2.
2. if the officer is survived by a spouse and children, 50% of the death benefits are if the officer is survived by a spouse and children, 50% of the death benefits are
payable to the spouse and the remaining 50% is distributed equally among the payable to the spouse and the remaining 50% is distributed equally among the
officer’officer's children;s children;
3.
3. if the officer is survived by only children, the death benefits are equally if the officer is survived by only children, the death benefits are equally
distributed among the officerdistributed among the officer
’'s children;s children;
4.
4. if the officer has no surviving spouse or children, the death benefits are paid to if the officer has no surviving spouse or children, the death benefits are paid to
the individual or individuals designated by the officer in the most recently the individual or individuals designated by the officer in the most recently
executed designation of beneficiary on file at the time of the officerexecuted designation of beneficiary on file at the time of the officer
’'s death; or if s death; or if
the officer does not have a designation of beneficiary on file, the benefits are paid the officer does not have a designation of beneficiary on file, the benefits are paid
to the individual or individuals designated by the officer in the most recently to the individual or individuals designated by the officer in the most recently
executed life insurance policy on file at the time of the officerexecuted life insurance policy on file at the time of the officer
’'s death;s death;
5.
5. if the officer has no surviving spouse or eligible children, and the officer does not if the officer has no surviving spouse or eligible children, and the officer does not
have designation of beneficiary or a life insurance policy, the death benefits are have designation of beneficiary or a life insurance policy, the death benefits are
equally distributed between the officerequally distributed between the officer
’'s surviving parents; ors surviving parents; or
6.
6. if the officer has no surviving spouse, eligible children, or parents, and the officer if the officer has no surviving spouse, eligible children, or parents, and the officer
did not have a designation of beneficiary or a life insurance policy on file at the did not have a designation of beneficiary or a life insurance policy on file at the
time of his or her death, the death benefits are payable to surviving adult, time of his or her death, the death benefits are payable to surviving adult,
nondependent, children of the officer.nondependent, children of the officer.
39
42Definition of Disability
Disability
PSOB disability benefits are paid only in cases of permanent and total disability. There are no PSOB disability benefits are paid only in cases of permanent and total disability. There are no
PSOB benefits payable for partial or short-term disabilities. A disability is considered permanent PSOB benefits payable for partial or short-term disabilities. A disability is considered permanent
for the purposes of PSOB eligibility if, given the current state of medicine in the United States, for the purposes of PSOB eligibility if, given the current state of medicine in the United States,
there is a degree of medical certainty that the condition will remain constant or deteriorate over there is a degree of medical certainty that the condition will remain constant or deteriorate over
the personthe person
’'s lifetime or that the public safety officer has reached maximum medical s lifetime or that the public safety officer has reached maximum medical
improvement.improvement.
43
A public safety officer is considered to be totally disabled for the purposes of PSOB eligibility if, A public safety officer is considered to be totally disabled for the purposes of PSOB eligibility if,
given the current state of medicine in the United States on the date of the determination of given the current state of medicine in the United States on the date of the determination of
eligibility, the officer is functionally incapable of performing any work at all, including sedentary eligibility, the officer is functionally incapable of performing any work at all, including sedentary
38 34 U.S.C. §10284(3). 39 34 U.S.C. §10281(a).
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work. The lack of capability to work may be due to a neurocognitive disorder directly or work. The lack of capability to work may be due to a neurocognitive disorder directly or
proximately caused by the officerproximately caused by the officer
’'s injury.s injury.
40
44
When determining if a public safety officer is capable of working, work When determining if a public safety officer is capable of working, work
that results in providing compensation that is de minimis, nominal, compensation that is de minimis, nominal,
or honorary, orhonorary, or
is provided solely as a reimbursement solely as a reimbursement
for incidental expenses is to be disregarded, including the following types of work:for incidental expenses is to be disregarded, including the following types of work:
work that involves ordinary or simple tasks that the officer, because of his or her work that involves ordinary or simple tasks that the officer, because of his or her
disability, cannot perform without significantly more supervision, assistance, or disability, cannot perform without significantly more supervision, assistance, or
accommodation than is normally given to a person doing similar work;accommodation than is normally given to a person doing similar work;
work that places little or no demands on the officer and that is of little or no work that places little or no demands on the officer and that is of little or no
economic value to the employer; andeconomic value to the employer; and
work that is primarily performed for therapeutic purposes to assist in the recovery work that is primarily performed for therapeutic purposes to assist in the recovery
from the officerfrom the officer
’'s disability.s disability.
41
45An officer shall be presumed, absent clear and convincing medical evidence to the contrary, to be An officer shall be presumed, absent clear and convincing medical evidence to the contrary, to be
unable to work if the officerunable to work if the officer
’'s injury renders the officer blind, paraplegic, or quadriplegic.s injury renders the officer blind, paraplegic, or quadriplegic.
42 46
Application Process
Applications for PSOB death and disability benefits are filed with the PSOB office, which Applications for PSOB death and disability benefits are filed with the PSOB office, which
determines benefit eligibility and commences benefit payment. Unless extended for good cause, determines benefit eligibility and commences benefit payment. Unless extended for good cause,
application deadlines must be met. Complete benefit applications must be filed no later thanapplication deadlines must be met. Complete benefit applications must be filed no later than
for death benefits:for death benefits:
three years after the death;three years after the death;
one year after the determination of the officerone year after the determination of the officer
’'s employing agency to award s employing agency to award
or deny death benefits payable by that agency; oror deny death benefits payable by that agency; or
one year after certification by the officerone year after certification by the officer
’'s employing agency that the agency s employing agency that the agency
is not authorized to pay any death benefits;is not authorized to pay any death benefits;
4347 and and
for disability benefits:for disability benefits:
three years after the date of the injury;three years after the date of the injury;
one year after the determination of the officerone year after the determination of the officer
’'s employing agency to award s employing agency to award
or deny workersor deny workers
’' compensation or disability benefits payable by that agency; compensation or disability benefits payable by that agency;
or
or
one year after certification by the officerone year after certification by the officer
’'s employing agency that the agency s employing agency that the agency
is not authorized to pay any workersis not authorized to pay any workers
’' compensation or disability benefits. compensation or disability benefits.
44
48DOJ may use investigative tools, including subpoenas, to expedite the processing of a claim and DOJ may use investigative tools, including subpoenas, to expedite the processing of a claim and
obtain information from third parties, including public agencies. DOJ may not abandon a claim obtain information from third parties, including public agencies. DOJ may not abandon a claim
40 34 U.S.C. §10284(4). The definition of disability for the purposes of PSOB eligibility was significantly amended by Section 3 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61). 41 34 U.S.C. §10284(4)(A). 42 34 U.S.C. §10284(4)(B). 43 28 C.F.R. §32.12. 44 28 C.F.R. §32.22.
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unless it has used investigative tools, including subpoenas, to obtain the information necessary to unless it has used investigative tools, including subpoenas, to obtain the information necessary to
adjudicate the claim.adjudicate the claim.
45 49
Expedited Benefits in Terrorism Cases
Section 611 of the Uniting and Strengthening America by Providing Appropriate Tools Required Section 611 of the Uniting and Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act; P.L. 107-56) provides for to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act; P.L. 107-56) provides for
expedited payment of PSOB death and disability benefits if the officerexpedited payment of PSOB death and disability benefits if the officer
’'s injury occurred s injury occurred
“"in in
connection with prevention, investigation, rescue, or recovery efforts related to a terrorist connection with prevention, investigation, rescue, or recovery efforts related to a terrorist
attack.attack.
”46"50 In such cases, PSOB benefits must be paid within 30 days of certification from the In such cases, PSOB benefits must be paid within 30 days of certification from the
officer’officer's employing agency that the officers employing agency that the officer
’'s death or disability was related to terrorism.s death or disability was related to terrorism.
Public Safety Officers’' Educational Assistance
Program
Program
The Public Safety OfficersThe Public Safety Officers
’' Education Assistance (PSOEA) program provides financial assistance Education Assistance (PSOEA) program provides financial assistance
with costs associated with higher education to the spouse or children of a public safety officer with costs associated with higher education to the spouse or children of a public safety officer
who is eligible for PSOB death or disability benefits.who is eligible for PSOB death or disability benefits.
Eligibility
The spouse or child of a public safety officer who is eligible for PSOB death or disability benefits The spouse or child of a public safety officer who is eligible for PSOB death or disability benefits
may be eligible for PSOEA benefits. To be eligible for PSOEA benefits, a spouse must have been may be eligible for PSOEA benefits. To be eligible for PSOEA benefits, a spouse must have been
married to an eligible public safety officer at the time of the officermarried to an eligible public safety officer at the time of the officer
’'s death or injury. A child is s death or injury. A child is
eligible for PSOEA benefits until the age of 27. This age limit can be extended by the Attorney eligible for PSOEA benefits until the age of 27. This age limit can be extended by the Attorney
General in extraordinary circumstances or if there is a delay of more than one year in approving General in extraordinary circumstances or if there is a delay of more than one year in approving
PSOB or PSOEA benefits.PSOB or PSOEA benefits.
4751 There is no deadline for filing a PSOEA claim, and benefits must be There is no deadline for filing a PSOEA claim, and benefits must be
paid retroactively to the date of the public safety officerpaid retroactively to the date of the public safety officer
’'s injury.s injury.
48
52
In addition, to be eligible for PSOEA benefits, the spouse or child must be enrolled at an eligible In addition, to be eligible for PSOEA benefits, the spouse or child must be enrolled at an eligible
educational institution.educational institution.
53 For the purposes of PSOEA eligibility, an eligible education institution is For the purposes of PSOEA eligibility, an eligible education institution is
one that meets the definition of one that meets the definition of
an “institution of higher educationinstitution of higher education
” as provided by Section 102 of as provided by Section 102 of
the Higher Education Act of the Higher Education Act of
196549196554 and that is eligible for federal student aid. and that is eligible for federal student aid.
50 55
Amount of Benefits
PSOEA benefits are payable to the claimant and may be used only to defray costs associated with PSOEA benefits are payable to the claimant and may be used only to defray costs associated with
higher education attendance, including tuition, room, board, book and supplies, and education-higher education attendance, including tuition, room, board, book and supplies, and education-
related fees. The monthly PSOEA benefit amount is equal to the monthly benefit amount payable related fees. The monthly PSOEA benefit amount is equal to the monthly benefit amount payable
45 34 U.S.C. §10288(b). This provision was amended to add the requirement that DOJ issue subpoenas before abandoning a claim by Section 4 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61).
46 34 U.S.C. §10486. 47 34 U.S.C. §10302(c). 48 34 U.S.C. §10306(b). Prior to the enactment of Section 5 of the Protecting America’s First Responders Act (P.L. 117-61), retroactive benefits “may” have been paid but were not required to be paid retroactively.
49 20 U.S.C. §1002. 50 34 U.S.C. §10307(3). For additional information on institutional eligibility for federal student aid, see CRS Report R43159, Institutional Eligibility for Participation in Title IV Student Financial Aid Programs.
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under the GI Bill Survivors’under the GI Bill Survivors' and Dependents and Dependents
’' Educational Assistance (DEA) program, which is Educational Assistance (DEA) program, which is
administered by the Department of Veterans Affairs (VA) for spouses and dependents of veterans administered by the Department of Veterans Affairs (VA) for spouses and dependents of veterans
with disabilities or who died as a result of service-connected conditions.with disabilities or who died as a result of service-connected conditions.
5156 The PSOEA benefit The PSOEA benefit
amounts are adjusted annually to reflect changes in the cost of living in accordance with changes amounts are adjusted annually to reflect changes in the cost of living in accordance with changes
to the GI Bill DEA benefit amounts. For to the GI Bill DEA benefit amounts. For
FY2022FY2025, the PSOEA monthly benefit for a student , the PSOEA monthly benefit for a student
attending an educational institution full-time is $1,attending an educational institution full-time is $1,
298.52536.57 The PSOEA benefit rates are prorated The PSOEA benefit rates are prorated
for less than full-time attendance.for less than full-time attendance.
Duration of Benefits
The maximum duration of PSOEA benefits for any person is 45 months of full-time education or The maximum duration of PSOEA benefits for any person is 45 months of full-time education or
a proportionate duration of part-time education. A person is ineligible for PSOEA if he or she is in a proportionate duration of part-time education. A person is ineligible for PSOEA if he or she is in
default on a federal student loandefault on a federal student loan
or is ineligible for federal benefits due to a drug trafficking or drug possession conviction. In addition, the Attorney General may discontinue PSOEA benefits . In addition, the Attorney General may discontinue PSOEA benefits
for a student that fails to make satisfactory progress in his or her course of study as defined by for a student that fails to make satisfactory progress in his or her course of study as defined by
Section 484(c) of the Higher Education Act of 1965.Section 484(c) of the Higher Education Act of 1965.
53 58
PSOB and PSOEA Appeals Process
A claimant who is dissatisfied with a PSOB disability benefit denial may request a A claimant who is dissatisfied with a PSOB disability benefit denial may request a
reconsideration.reconsideration.
5459 There is no reconsideration offered for denials of PSOB death or PSOEA There is no reconsideration offered for denials of PSOB death or PSOEA
benefits.benefits.
A claimant who is dissatisfied with a PSOB death or disability benefit denial, including a A claimant who is dissatisfied with a PSOB death or disability benefit denial, including a
disability benefit denial affirmed after reconsideration, or a PSOEA benefit denial may request a disability benefit denial affirmed after reconsideration, or a PSOEA benefit denial may request a
de novo hearing before a hearing officer assigned by the director of the DOJ PSOB Office.de novo hearing before a hearing officer assigned by the director of the DOJ PSOB Office.
5560 The The
determination of a hearing officer may be appealed to the director of the PSOB Office.determination of a hearing officer may be appealed to the director of the PSOB Office.
56 The director’61 The director's determination is considered the final agency determination and is not subject to any s determination is considered the final agency determination and is not subject to any
further agency administrative review or appeal. However, provided all administrative appeals further agency administrative review or appeal. However, provided all administrative appeals
remedies have been exhausted, the PSOB Office directorremedies have been exhausted, the PSOB Office director
’'s determination may be appealed to the s determination may be appealed to the
United States Court of Appeals for the Federal Circuit.United States Court of Appeals for the Federal Circuit.
57
62
The PSOB statute authorizes the BJA to prescribe the maximum fee that an attorney or other The PSOB statute authorizes the BJA to prescribe the maximum fee that an attorney or other
representative may charge a claimant for services rendered in connection with a claim, with representative may charge a claimant for services rendered in connection with a claim, with
attorney fees generally limited to between 3% and 6% of the total benefit paid, depending on the attorney fees generally limited to between 3% and 6% of the total benefit paid, depending on the
51 For additional information on the GI Bill Survivors’ and Dependents’ Educational Assistance (DEA) program, see CRS Report R42785, Veterans’ Educational Assistance Programs and Benefits: A Primer.
52 Current and historical GI Bill DEA benefit rates are available on the Department of Veterans Affairs (VA) website, at https://www.benefits.va.gov/GIBILL/resources/benefits_resources/rate_tables.asp.
53 34 U.S.C. §10305. Section 484(c) of the Higher Education Act of 1965 is codified at 20 U.S.C. §1091(c). 54 28 C.F.R. §32.28. 55 28 C.F.R. §§32.41-32.45. Pursuant to Section 7 of the Protecting America’level in the administrative appeals process the claim is approved.63 Program regulations prohibit stipulated-fee and contingency-fee arrangements for PSOB representation.64
Budget and Appropriations
Congress provides funding for PSOB and PSOE benefits and associated administrative expenses in the annual Departments of Commerce and Justice, Science, and Related Agencies Appropriations Act.65 Funding for PSOB death benefits and associated administrative expenses is considered mandatory spending and Congress appropriates "such sums as may be necessary" for the payment of these benefits. Funding for PSOB disability and PSOEA benefits is considered discretionary and is subject to specific congressional appropriations. Annual appropriations language grants the Attorney General the authority to transfer from any available appropriations to the DOJ the funds necessary to respond to emergent circumstances that require additional funding for PSOB disability benefits and PSOEA benefits.66
Footnotes
| 1.
|
The Public Safety Officers' Benefits (PSOB) program is authorized in statute at Part L of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. §§10281-10288).
|
| 2.
|
The Public Safety Officers' Educational Assistance (PSOEA) program is authorized in statute at Title 34, Sections 10301-10308, of the U.S. Code.
|
3.
|
The PSOB program website is at https://psob.bja.ojp.gov/.
| 4.
|
34 U.S.C. §10284(14).
|
| 5.
|
Per Title 34, Section 10282(a)(5), of the U.S. Code, PSOB benefits are available only to persons employed in a "civilian capacity." Thus, while federal law enforcement officers, including civilian law enforcement officers employed by the Department of Defense, are eligible for PSOB, members of the armed forces serving in law enforcement roles (e.g., military police, masters at arms) are not eligible for PSOB.
|
| 6.
|
34 U.S.C. §10284(13).
|
| 7.
|
34 U.S.C. §10284(9).
|
8.
|
34 U.S.C. §10284(7). Pursuant to Section 3 of the Protecting America's First Responders Act of 2021 (P.L. 117-s First Responders Act of 2021 (P.L. 117-
61), hearing officers shall, if designated by the Attorney General, be understood to be comprised within the meaning of special government employee under Title 18, Section 20261), the volunteer fire department must be a nonprofit entity that provides services without regard to any relationship, such as a subscription, that a person may have with the department.
| 9.
|
This provision was added by Section 3 of the Protecting America's First Responders Act of 2021 (P.L. 117-61).
|
| 10.
|
34 U.S.C. §10284(5).
|
| 11.
|
34 U.S.C. §§10284(2) and (14)(B).
|
| 12.
|
The Stafford Act is in statute at Title 42, Section 5121 et seq., of the U.S. Code. For additional information on emergency and disaster declarations under the Stafford Act, see CRS Report R43784, FEMA's Disaster Declaration Process: A Primer. The term hazardous duty for the purposes of determining the eligibility of emergency management employees is not defined in statute or regulation. Rather, the determination of whether duty is hazardous is made by the FEMA administrator or head of the relevant state, local, or tribal emergency management agency.
|
| 13.
|
34 U.S.C. §§10284(14)(C) and (D).
|
| 14.
|
34 U.S.C. §10284(10).
|
| 15.
|
Employees of for-profit companies providing emergency medical services under contract to a unit of government are not eligible for PSOB benefits. For additional information, see Department of Justice (DOJ), Bureau of Justice Statistics, "Frequently Asked Questions," https://bja.ojp.gov/frequently-asked-questions#10-0.
|
16.
|
, of the U.S. Code.
56 28 C.F.R. § 28 C.F.R. §
§32.51-32.54. 57 34 U.S.C. §10287, and 28 C.F.R. §§32.8 and 32.55.
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level in the administrative appeals process the claim is approved.58 Program regulation prohibits stipulated-fee and contingency-fee arrangements for PSOB representation.59
Budget and Appropriations
Congress provides funding for PSOB and PSOE benefits and associated administrative expenses in the annual Departments of Commerce and Justice, Science, and Related Agencies Appropriations Act.60 Funding for PSOB death benefits and associated administrative expenses is considered mandatory spending and Congress appropriates “such sums as may be necessary” for the payment of these benefits. Funding for PSOB disability and PSOEA benefits is considered discretionary and is subject to specific congressional appropriations. Annual appropriations language grants the Attorney General the authority to transfer from any available appropriations to the DOJ the funds necessary to respond to emergent circumstances that require additional funding for PSOB disability benefits and PSOEA benefits.61 For FY2023, the DOJ requested $34.8 million for PSOB discretionary appropriations.62 For FY2022, DOJ was appropriated $30 million for PSOB discretionary expenses.63
Author Information
Scott D. Szymendera
Analyst in Disability Policy
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.
58 34 U.S.C. §10285(a) and 28 C.F.R. §32.7. 59 28 C.F.R. §32.7(d)(1). 60 For additional information on this appropriations legislation, see CRS Report R47157, Overview of FY2023
Appropriations for Commerce, Justice, Science, and Related Agencies (CJS).
61 See, for example, Title II of Division B of the Consolidated Appropriations Act, 2022 (P.L. 117-103). 62 DOJ, FY2023 Performance Budget: Office of Justice Programs, March 2022, p. 78, https://www.justice.gov/jmd/page/file/1492211/download.
63 Title II of Division B of P.L. 117-103.
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12 32.3.
| 17.
|
34 U.S.C. §10284(14)(G). This provision was added by Section 3 of the Protecting America's First Responders Act of 2021 (P.L. 117-61).
|
| 18.
|
28 C.F.R. §32.3.
|
| 19.
|
34 U.S.C. §10281(o). This expanded definition of injury was added by Section 3(a) of the Public Safety Officers Support Act of 2022 (P.L. 117-172), was effective on the date of enactment (August 16, 2022), and applies to any claims pending on that date or filed after that date.
|
| 20.
|
28 C.F.R. §32.3.
|
| 21.
|
34 U.S.C. §10281(k).
|
| 22.
|
34 U.S.C. §10281 note.
|
| 23.
|
34 U.S.C. §10281(o). This provision was added by Section 3(a) of the Public Safety Officers Support Act of 2022 (P.L. 117-172).
|
| 24.
|
34 U.S.C. §10281(o). This provision was added by Section 3(a) of the Public Safety Officers Support Act of 2022 (P.L. 117-172).
|
| 25.
|
34 U.S.C. §10284(l). This provision was added by Section 3 of the Protecting America's First Responders Act of 2021 (P.L. 117-61).
|
| 26.
|
34 U.S.C. §§10284(14)(A) and (E).
|
| 27.
|
DOJ, Bureau of Justice Assistance, "Benefits by Year: Public Safety Officers' Benefits Program," https://bja.ojp.gov/program/psob/resources/benefits-by-year.
|
| 28.
|
34 U.S.C. §10281(h).
|
| 29.
|
34 U.S.C. §10281(i). This provision was amended by Section 2(5) of the Protecting America's First Responders Act of 2021 (P.L. 117-61).
|
| 30.
|
34 U.S.C. §10281(c). The amount of the interim payment was increased from $3,000 to $6,000 and made subject to annual adjustments by Section 2(3) of the Protecting America's First Responders Act of 2021 (P.L. 117-61).
|
| 31.
|
34 U.S.C. §10281(d).
|
| 32.
|
34 U.S.C. §10281(e).
|
| 33.
|
Section 104(a)(6) of the Internal Revenue Code [26 U.S.C. §104(a)(6)].
|
| 34.
|
PSOB disability benefits may reduce the amount of an officer's monthly Social Security Disability Insurance (SSDI). For additional information see the section "Workers' Compensation and Public Disability Benefit Offset" in CRS Report R44948, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI): Eligibility, Benefits, and Financing.
|
| 35.
|
34 U.S.C. §10281(f).
|
| 36.
|
5 U.S.C. §8191. For additional information on FECA, see CRS Report R42107, The Federal Employees' Compensation Act (FECA): Workers' Compensation for Federal Employees. There is no offset for FECA benefits for federal employees.
|
| 37.
|
Section 12 of Act of Sept. 1, 1916, ch. 433, 39 Stat. 718.
|
| 38.
|
49 U.S.C. §40101 note. For additional information on the VCF, see CRS Report R45969, The September 11th Victim Compensation Fund (VCF).
|
| 39.
|
United States v. Windsor, 570 U.S. 744 (2013).
|
| 40.
|
DOJ, "Public Safety Officers' Benefit Program," 79 Federal Register 35492, June 23, 2014.
|
| 41.
|
34 U.S.C. §10284(6).
|
| 42.
|
34 U.S.C. §10281(a).
|
| 43.
|
34 U.S.C. §10284(4). The definition of disability for the purposes of PSOB eligibility was significantly amended by Section 3 of the Protecting America's First Responders Act of 2021 (P.L. 117-61).
|
| 44.
|
34 U.S.C. §10284(4).
|
| 45.
|
34 U.S.C. §10284(4)(A).
|
| 46.
|
34 U.S.C. §10284(4)(B).
|
| 47.
|
28 C.F.R. §32.12.
|
| 48.
|
28 C.F.R. §32.22.
|
| 49.
|
34 U.S.C. §10288(b). This provision was amended to add the requirement that DOJ issue subpoenas before abandoning a claim by Section 4 of the Protecting America's First Responders Act of 2021 (P.L. 117-61).
|
| 50.
|
34 U.S.C. §10286.
|
| 51.
|
34 U.S.C. §10302(c).
|
| 52.
|
34 U.S.C. §10306(b). Prior to the enactment of Section 5 of the Protecting America's First Responders Act (P.L. 117-61), retroactive benefits "may" have been paid but were not required to be paid retroactively.
|
| 53.
|
34 U.S.C. §10307(2).
|
| 54.
|
20 U.S.C. §1002.
|
| 55.
|
34 U.S.C. §10307(3). For additional information on institutional eligibility for federal student aid, see CRS Report R43159, Eligibility for Participation in Title IV Student Financial Aid Programs.
|
| 56.
|
For additional information on the GI Bill Survivors' and Dependents' Educational Assistance (DEA) program, see CRS Report R42785, Veterans' Educational Assistance Programs and Benefits: A Primer.
|
| 57.
|
Current and historical GI Bill DEA benefit rates are available on the Department of Veterans Affairs (VA) website, at https://www.benefits.va.gov/GIBILL/resources/benefits_resources/rate_tables.asp.
|
| 58.
|
34 U.S.C. §10305. Section 484(c) of the Higher Education Act of 1965 is codified at Title 20, Section 1091(c), of the U.S. Code.
|
| 59.
|
28 C.F.R. §32.28.
|
| 60.
|
28 C.F.R. §§32.41-32.45. Pursuant to Section 7 of the Protecting America's First Responders Act of 2021 (P.L. 117-61), hearing officers shall, if designated by the Attorney General, be understood to be comprised within the meaning of special government employee under Title 18, Section 202, of the U.S. Code.
|
| 61.
|
28 C.F.R. §§32.51-32.54.
|
| 62.
|
34 U.S.C. §10287, and 28 C.F.R. §§32.8 and 32.55.
|
| 63.
|
28 C.F.R. §32.7(h).
|
| 64.
|
28 C.F.R. §32.7(d)(1).
|
| 65.
|
For additional information on this appropriations legislation, see CRS Report R47566, Overview of FY2024 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS).
|
| 66.
|
See, for example, Title II of Division B of the Consolidated Appropriations Act, 2023 (P.L. 117-328).
|