Public Safety Officers’ Benefits (PSOB)
Program

Nathan James
Analyst in Crime Policy
November 19, 2013
Congressional Research Service
7-5700
www.crs.gov
RL34413
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Public Safety Officers' Benefits (PSOB) Program

Summary
The Public Safety Officers’ Benefits (PSOB) program provides three different types of benefits to
public safety officers and their survivors: a death, a disability, and an education benefit. The
PSOB program is administered by the Department of Justice, Bureau of Justice Assistance’s
(BJA’s), PSOB Office.
The PSOB program provides a one-time lump sum death benefit to eligible survivors of public
safety officers whose deaths are the direct and proximate result of a traumatic injury sustained in
the line of duty or from certain line-of-duty heart attacks, strokes, and vascular ruptures. For
deaths occurring after October 1, 2013, the one-time lump sum benefit is $333,605.
The PSOB program provides a one-time lump sum disability benefit to public safety officers who
have been permanently and totally disabled by a catastrophic injury sustained in the line of duty,
if the injury permanently prevents the officer from performing any gainful work. For injuries that
result in permanent disability that occur on or after October 1, 2013, the benefit is $333,605.
The PSOB program also provides assistance for higher education expenses (e.g., tuition and fees,
books, supplies, and room and board) to spouses and children of public safety officers who have
been killed or disabled in the line of duty. Educational assistance is available to the spouse and
children of a public safety officer after the PSOB death or disability claim has been approved and
awarded. As of October 1, 2013, the maximum award for a full-time student was $1,003 per
month.
Claimants have the opportunity to appeal denied claims. If the PSOB Office denies a claim, the
claimant can request that a hearing officer review the claim. If the hearing officer denies the
claim, the claimant can request that the Director of BJA review the claim. Claimants may file
supporting evidence or legal arguments along with their request for a review by a hearing officer
or the Director. If the claim is denied by the Director, claimants can appeal the denial in the
United States Court of Federal Claims pursuant to 28 U.S.C. §1491(a).
The PSOB death benefit is a mandatory program, and the disability and education benefits are
discretionary programs. As such, Congress appropriates “such sums as are necessary” each fiscal
year to fund the PSOB death benefit program while appropriating separate amounts for both the
disability and education benefits programs.

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Public Safety Officers' Benefits (PSOB) Program

Contents
Introduction ...................................................................................................................................... 1
Definition of a Public Safety Officer ............................................................................................... 1
PSOB Death Benefit ........................................................................................................................ 2
PSOB Disability Benefit .................................................................................................................. 4
Limitations on Death and Disability Benefits .................................................................................. 4
Public Safety Officers’ Educational Assistance ............................................................................... 5
Appeal of Denied Claims ................................................................................................................. 6
PSOB Appropriations and Obligations ............................................................................................ 7

Tables
Table 1. Appropriations and Obligations for PSOB Death, Disability, and Education
Benefits, by Fiscal Year, FY2003-FY2013 ................................................................................... 8

Contacts
Author Contact Information............................................................................................................. 8

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Public Safety Officers' Benefits (PSOB) Program

Introduction
The Public Safety Officers’ Benefits (PSOB) program was authorized by P.L. 94-430, the Public
Safety Officers’ Benefits Act of 1976 (codified at 42 U.S.C. §3796 et seq., hereinafter referred to
as “the PSOB Act”). The PSOB program was “... designed to offer peace of mind to men and
women seeking careers in public safety and to make a strong statement about the value that
America places on the contributions of those who serve their communities in potentially
dangerous circumstances.”1 The program was created by Congress out of a concern that “... the
hazards inherent in law enforcement and fire suppression and the low level of state and local
death benefits might discourage qualified individuals from seeking careers in public safety, thus
hindering the ability of communities to protect themselves.”2
The PSOB program is administered by the Department of Justice, Bureau of Justice Assistance’s
(BJA’s), PSOB Office. The PSOB Office is responsible for reviewing, processing, and making
determinations about claims for benefits under the PSOB program.3
The PSOB program originally provided only death benefits to survivors of public safety officers
killed in the line of duty. Since its inception in 1976, the PSOB program has been expanded to
provide disability benefits to public safety officers disabled by an injury suffered in the line of
duty and education benefits to the spouses and children of public safety officers killed or disabled
in the line of duty. Each of these benefits is discussed in more detail below.
Definition of a Public Safety Officer
Only individuals who are public safety officers, or their eligible survivors, are eligible to receive
PSOB benefits. For the purposes of the PSOB Act, a “public safety officer” is defined as4
• an individual serving a public agency5 in an official capacity, with or without
compensation, as a law enforcement officer,6 firefighter,7 or a chaplain;8

1 Testimony of BJA Director Domingo S. Herraiz, U.S. Congress, Senate Committee on the Judiciary, Justice Denied?
Implementation of the Hometown Heroes Survivors Benefits Act
, hearing, 110th Cong., 1st sess., October 4, 2007, at
http://judiciary.senate.gov/hearings/testimony.cfm?id=2972&wit_id=6703 (hereinafter “Testimony of D.S. Herraiz”).
2 Ibid.
3 Department of Justice, Office of Justice Programs, “Public Safety Officers’ Benefits Program,” 71 Federal Register
46029, August 10, 2006 (hereinafter “PSOB: Federal Register”).
4 42 U.S.C. §3796b(9).
5 A “public agency” is defined as 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, department, agency, or instrumentality of any of the foregoing. 42 U.S.C.
§3796b(8).
6 A “law enforcement officer” is defined as an individual who is 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. 42 U.S.C. §3796b(6).
7 A “firefighter” is defined as an individual serving as an officially recognized or designated member of a legally
organized professional or volunteer fire department. 42 U.S.C. §3796b(4).
8 A “chaplain” is defined as 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
(continued...)
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• an employee of the Federal Emergency Management Agency (FEMA) who is
performing official duties, if those official duties 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 are determined by the Administrator of FEMA to be hazardous
duties;
• an employee of a state, local, or tribal emergency management or civil defense
agency who is performing official duties in cooperation with FEMA, if those
official duties 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 and are determined by the head of
the agency to be hazardous duties; or
• a member of a rescue squad or ambulance crew9 who, as authorized or licensed
by law and by the applicable agency or entity, is engaging in rescue activities or
providing emergency medical services.
PSOB Death Benefit
The PSOB program provides a death benefit to eligible survivors of a public safety officer whose
death is the direct and proximate result of a traumatic injury sustained in the line of duty or
certain work-related heart attacks or strokes.10 To receive a death benefit, the claimant must
produce sufficient evidence to show that the public safety officer died as the direct and proximate
result of an injury sustained in the line of duty.11 Under the program, it is presumed that a public
safety officer who dies from a heart attack, stroke, or vascular rupture while engaged in, on duty
after, or within 24 hours of participating in a non-routine stressful or strenuous physical public
safety activity12 or training has died in the line of duty for death benefit purposes. However, the

(...continued)
public employee of a legally organized fire or police department who was responding to a fire, rescue, or police
emergency. 42 U.S.C. §3796b(2).
9 A “member of a rescue squad or ambulance crew” is an officially recognized or designated employee or volunteer
member of a rescue squad or ambulance crew (including a ground or air ambulance service) that is (1) a public agency;
or (2) a nonprofit entity serving the public that is officially authorized or licensed to engage in rescue activity or to
provide emergency medical services; and engages in rescue activities or provides emergency medical services as part of
an official emergency response system. 42 U.S.C. §3796b(7).
10 Hope D. Janke, Public Safety Officers’ Benefits (PSOB) Program, BJA Fact Sheet, U.S. Department of Justice,
Office of Justice Programs, Bureau of Justice Assistance, https://www.bja.gov/Publications/PSOB_FS.pdf (hereinafter
“PSOB fact sheet”).
11 PSOB: Federal Register, p. 46028.
12 “Non-routine strenuous physical activity” is defined as line-of-duty activity, except activity excluded by 42 U.S.C.
§3796(l) that is not performed as a matter of routine and entails an unusually high level of physical exertion. “Non-
routine stressful physical activity” is defined as line-of-duty activity, except activity excluded by 42 U.S.C. §3796(l),
that is not performed as a matter of routine; entails non-negligible physical exertion; and occurs (1) with respect to a
situation in which a public safety officer is engaged, under circumstances that objectively and reasonably pose (or
appear to pose) significant dangers, threats, or hazards (or reasonably foreseeable risks thereof) not faced by similarly
situated members of the public in the ordinary course, and provoke, cause, or occasion an unusually high level of
alarm, fear, or anxiety; or (2) with respect to a training exercise in which a public safety officer participates, under
circumstances that objectively and reasonably simulate in realistic fashion situations that pose significant dangers,
threats, or hazards, and provoke, cause, or occasion an unusually high level of alarm, fear, or anxiety. 28 C.F.R. §32.13.
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statutory presumption can be overcome with competent medical evidence to the contrary.13
Actions that are clerical, administrative, or non-manual in nature are not considered “non-routine
stressful or strenuous activities.”
The PSOB program pays a one-time lump sum death benefit to eligible survivors of a public
safety officer killed in the line of duty. The amount paid to the officer’s survivors is the amount
authorized to be paid on the date that the officer died, not the amount authorized to be paid on the
date that the claim is approved.14 For deaths occurring after October 1, 2013, the benefit is
$333,605.15
Survivors of state and local law enforcement officers and firefighters may receive a death benefit
if the officer or firefighter died on or after September 29, 1976. Survivors of federal law
enforcement officers and firefighters may receive a death benefit if the officer or firefighter died
on or after October 12, 1984. A death benefit may be awarded to survivors of members of federal,
state, and local public rescue squads or ambulance crews who died on or after October 15, 1986.
A death benefit may be awarded to survivors of FEMA personnel and state, local, and tribal
emergency management and civil defense agency employees working in cooperation with FEMA
who died on or after October 30, 2000. Survivors of chaplains who serve a police or fire
department in an official capacity who died on or after September 11, 2001, are eligible to receive
a death benefit under the PSOB program. Finally, only the survivors of an officer who died of a
heart attack, stroke, or vascular rupture on or after December 15, 2003, are eligible to receive a
death benefit.
PSOB death benefits are paid to eligible survivors in the following order.
• If the officer is survived by only a spouse and no children, 100% of the death
benefit goes to the spouse.
• If the officer is survived by a spouse and children, 50% of the death benefit goes
to the spouse and the remaining 50% is distributed equally amongst the officer’s
children.16
• If the officer is survived by only children and not a spouse, the death benefit is
equally distributed amongst the officer’s children.
• If the officer is survived by neither a spouse nor children, the death benefit is
paid to the individual(s) designated by the officer in the most recently executed
designation of beneficiary on file at the time of the officer’s death. If the officer
does not have a designation of beneficiary on file, the benefit is paid to the

13 “Competent medical evidence to the contrary” is defined as when evidence indicates to a degree of medical
probability that circumstances other than any engagement or participation described at 42 U.S.C. 3796(k)(1),
considered in combination (as one circumstance) or alone, were a substantial factor in bringing about the heart attack or
stroke. 28 C.F.R. §32.13.
14 42 U.S.C. §3796(i).
15 Per 42 U.S.C. §3796(h), since October 15, 1988, the death and disability benefit paid under the PSOB program has
been adjusted each year on October 1 to reflect the percentage change in the Consumer Price Index.
16 An “eligible child” is defined as any “natural, illegitimate, adopted, or posthumous child or stepchild” of the public
safety officer who, at the time of the public safety officer’s fatal or catastrophic injury, is (1) 18 years of age or under;
(2) over 18 years of age and a student as defined in Section 5 U.S.C. §8101; or (3) over 18 years of age and incapable
of self-support because of physical or mental disability. 42 U.S.C. §3796b(3).
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individual(s) designated by the officer in the most recently executed life
insurance policy on file at the time of the officer’s death.
• If the officer is survived by neither a spouse nor eligible children, and the officer
does not have a life insurance policy, the death benefit is equally distributed
between the officer’s surviving parents.
• If the officer is survived by neither a spouse, nor eligible children, nor parents,
and the officer did not have a designation of beneficiary nor a life insurance
policy on file at the time of his or her death, the benefit is paid to surviving adult,
non-dependent, children of the officer.17
PSOB Disability Benefit
Title XIII of P.L. 101-647 expanded the scope of the PSOB program to provide a disability
benefit to public safety officers who have been permanently and totally disabled as the direct and
proximate result of a catastrophic injury18 sustained in the line of duty, if the injury permanently
prevents the officer from performing any gainful work.19 The claimant is responsible for
producing sufficient evidence to prove that he or she suffered a permanent and total disability as
the direct and proximate result of a catastrophic injury sustained in the line of duty.20 Like the
PSOB death benefit program, the disability benefit program pays a one-time lump sum disability
benefit to public safety officers disabled in the line of duty. For injuries that result in permanent
disability that occur on or after October 1, 2013, the benefit is $333,605.
Most public safety officers (federal, state, and local law enforcement officers; firefighters; and
members of public rescue squads and ambulance crews) are eligible to receive disability benefits
if they were disabled by an injury suffered in the line of duty on or after November 29, 1990. As
of October 30, 2000, employees of FEMA and state, local, and tribal emergency management and
civil defense agency employees working in cooperation with FEMA are eligible to receive
disability benefits. Chaplains who serve a police or fire department in an official capacity who are
disabled on or after September 11, 2001, are also eligible to receive disability benefits under the
PSOB program.
Limitations on Death and Disability Benefits
A death or disability benefit will not be paid
• if the fatal or catastrophic injury was caused by the intentional misconduct of the
public safety officer or the officer’s intention to bring about his or her death,
disability, or injury;

17 18 U.S.C. §3796(a).
18 “Catastrophic injury” is defined as an injury that permanently prevents an individual from performing any gainful
work. 42 U.S.C. §3796b(1).
19 PSOB fact sheet.
20 PSOB: Federal Register, p. 46028.
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• if the public safety officer was voluntarily intoxicated at the time of his or her
fatal or catastrophic injury;
• if the public safety officer was performing his or her duties in a grossly negligent
manner at the time of his or her fatal or catastrophic injury;
• if an eligible survivor’s actions were a substantial contributing factor to the
officer’s fatal or catastrophic injury; or
• with respect to any individual employed in a capacity other than a civilian
capacity.21
Public Safety Officers’ Educational Assistance
The Federal Law Enforcement Dependents Assistance Act of 1996 (P.L. 104-238) authorized the
Public Safety Officers’ Educational Assistance (PSOEA) program. PSOEA provides assistance to
spouses and children of public safety officers killed or disabled in the line of duty who attend a
program of education22 at an eligible educational institution.23 PSOEA funds may be used to
defray expenses associated with attending college, including tuition and fees, room and board,
books, supplies, and other education-related costs.24
As of October 1, 2013, the maximum award for a full-time student was $1,003 per month. Award
amounts are proportionately decreased for individuals attending school part-time.
The spouse of a deceased or disabled public safety officer is eligible to receive education benefits
under PSOEA anytime during his or her lifetime. However, the child of a deceased or disabled
public safety officer is no longer eligible for assistance after his or her 27th birthday.25 A spouse or
child of a deceased or disabled public safety officer cannot receive PSOEA funds for more than
45 months of full-time education or a proportionate period of part-time education.26
Under the PSOEA program, the families of federal, state, and local police, fire, and emergency
public safety officers are covered for line-of-duty deaths that occurred on or after January 1,
1978. Families of disabled federal law enforcement officers are eligible for benefits if the officer
was disabled on or after October 3, 1996, whereas families of disabled state and local police, fire,
and emergency public safety officers are eligible for benefits if the officer was disabled on or

21 42 U.S.C. §3796a.
22 A “program of education” is defined as any curriculum or any combination of courses or subjects pursued at an
eligible educational institution, which generally is accepted as necessary to fulfill requirements for the attainment of a
predetermined and identified educational, professional, or vocational objective. It includes course work for the
attainment of more than one objective if, in addition to the previous requirements, all the objectives generally are
recognized as reasonably related to a single career field. 42 U.S.C. §3796d-6(2).
23 An “eligible educational institution” is defined as an institution described in Section 481 of the Higher Education Act
of 1965 (20 U.S.C. 1088), as in effect on October 3, 1996, and eligible to participate in programs under Title IV of the
act. 42 U.S.C. §3796d-6(3).
24 U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, Public Safety Officers’ Benefits
Program: Educational Assistance Program
, available at https://www.psob.gov/files/PSOB_Education.pdf (hereinafter,
“PSOB: Educational Assistance Program”).
25 Ibid.
26 Ibid.
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after November 13, 1998. Families of FEMA personnel and state, local, and tribal emergency
management and civil defense agency employees are covered for such injuries sustained on or
after October 30, 2000.
Appeal of Denied Claims
Claimants are allowed to appeal claims that are denied by the PSOB Office. A claimant has 33
days after being served with a notice of denial to request a determination by a hearing officer.27
The claimant may file supporting evidence or legal arguments along with the request for a
hearing officer determination.28 The supporting evidence and legal arguments must be filed with
both the hearing officer and the PSOB Office. The claim is assigned to a hearing officer, who
reviews the claim de novo—meaning that the hearing officer reviews the entire claim anew rather
than reviewing the finding, determinations, decisions, judgments, rulings, or other actions of the
PSOB Office—and makes a determination.29
A claimant appealing the denial of a death or disability benefit can request that the hearing officer
hold a hearing.30 A request for a hearing will not be granted if the claimant does not request a
hearing within 90 days of the claim being assigned to a hearing officer. The hearing provides the
hearing officer with the opportunity to collect evidence from the claimant and any other evidence
the hearing officer may decide is necessary or useful.31 At the hearing, the hearing officer may
exclude evidence whose probative value is substantially outweighed by undue delay, waste of
time, or needless presentation of cumulative evidence.32 Witnesses (other than the claimant and
anyone who the claimant has shown to be essential to the presentation of the claim) are prevented
from hearing the testimony of other witnesses at the hearing.33
If a claim is denied by the hearing officer, the claimant can appeal to the Director of BJA (the
Director). If the denied claim is not appealed to the Director, the hearing officer’s determination is
considered the final agency determination of the claim.34 A claimant has 33 days after being
notified by the hearing officer that the claim has been denied to file an appeal with the Director.35
Like the request for a hearing officer determination, the claimant may file supporting evidence or
legal arguments along with the request for an appeal. If the Director denies the claim, the
claimant can appeal the denial in the United States Court of Federal Claims pursuant to 28 U.S.C.

27 A “hearing officer” is appointed pursuant to 42 U.S.C. §3787, which reads, “The Bureau of Justice Assistance, the
National Institute of Justice, and the Bureau of Justice Statistics may appoint 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 [5 U.S.C. § 3344], as shall be necessary to carry out their respective powers and duties under this chapter.
[BJA], [NIJ], and [BJS] or upon authorization, any member thereof or 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, and receive evidence at any place in the United States they respectively may designate.”
28 28 C.F.R. §32.42.
29 28 C.F.R. §32.43.
30 28 C.F.R. §32.45.
31 Ibid.
32 Ibid.
33 Ibid.
34 28 C.F.R. §32.46.
35 28 C.F.R. §32.52.
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§1491(a).36 However, to petition the court to review the denial of a claim, the claimant must
exhaust the administrative remedies available, meaning that the claimant must have asked for
both a hearing officer determination and a Director review. The Director’s determination
constitutes the final agency determination of the claim.37
PSOB Appropriations and Obligations
The PSOB death benefit is a mandatory program, and the disability and education benefits are
discretionary programs. As such, Congress appropriates “such sums as are necessary” each fiscal
year to fund the PSOB death benefit program while appropriating separate amounts for both the
disability and education benefits programs. Table 1 outlines the appropriations and obligations
for all three PSOB benefit programs for FY2003-FY2013. The amount obligated indicates the
amount of benefits awarded each fiscal year for each PSOB program. In some cases, a claim
might be submitted in one fiscal year, but the actual award is made in another, hence the
difference between each fiscal year’s appropriation and obligations. Benefits are paid with funds
appropriated for the fiscal year in which the officer was disabled or killed in the line of duty, not
the fiscal year in which the claim was approved. For example, if an officer was disabled in
FY2005 but the claim was not approved until FY2007, the officer’s claim would be paid with
funds appropriated in FY2005.
Between FY2007 and FY2008, the appropriation for the PSOB death benefit increased 120.3%
and obligations for death benefits increased 164.8%. According to OJP, for FY2008 it requested
an additional $55 million dollars in budget authority to cover an unintended increase in PSOB
death benefits claims.38 According to OJP, the influx in PSOB death benefits claims can be
attributed to several factors, including an increase in new claims pursuant to the Hometown
Heroes Act39 and faster processing of the backlog of Hometown Heroes Act claims.40

36 28 C.F.R. §32.55.
37 Ibid.
38 Email correspondence on November 25, 2008, with U.S. Department of Justice, Office of Justice Programs, Office of
Communications.
39 The Hometown Heroes Survivor Benefits Act of 2003 (P.L. 108-182, hereinafter referred to as “the Hometown
Heroes Act”) expanded the circumstances under which public safety officers’ deaths resulting from heart attacks and
strokes may be covered under the PSOB program. The Hometown Heroes Act created a statutory presumption that
public safety officers who die from a heart attack or stroke while engaged in, on duty, or within 24 hours of
participating in a non-routine stressful or strenuous physical public safety activity or training died in the line of duty for
benefit purposes. Actions that are clerical, administrative, or non-manual in nature are not considered “non-routine
stressful or strenuous activities” under the Hometown Heroes Act. The statutory presumption can be overcome with
competent medical evidence to the contrary. Only the survivors of an officer who died of a heart attack or stroke on or
after December 15, 2003, are eligible to receive a death benefit pursuant to the Hometown Heroes Act.
40 Email correspondence on November 25, 2008, with U.S. Department of Justice, Office of Justice Programs, Office of
Communications.
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Table 1. Appropriations and Obligations for PSOB Death, Disability, and Education
Benefits, by Fiscal Year, FY2003-FY2013
Appropriations and obligations in thousands of dollars
Appropriation
Obligations
Fiscal Year
Death Disability Education Death Disability Education
2003 $49,054
$3,974
$0
$53,367
$2,254 $931
2004 49,054
2,968
0
40,683
2,007 756
2005 63,054
3,567 2,758
48,663
2,217 852
2006 64,000
4,822 4,012
53,006
3,776 882
2007 64,000
4,822 4,012
42,432
2,300 1,044
2008 141,000 4,854 3,980
112,344 2,952 1,160
2009 110,000 7,500 1,600 94,985 7,394 1,015
2010 66,000
7,500 1,600
65,608
6,903 987
2011 66,000a 4,990 4,092 64,857 6,650 1,365
2012 84,000
13,218 3,082
79,980
11,014 1,146
2013b 61,949
14,944 1,018
39,726
5,161 —c
Source: U.S. Department of Justice, Office of Justice Program, Office of Communications.
Note: Appropriations reflect rescissions.
a. For FY2011, OJP received a reapportionment of $5 million, for a total availability of $66 million.
b. The FY2013 enacted amount includes a 1.877% rescission per Section 3001 of P.L. 113-6 and a 0.2%
rescission ordered by the Office of Management and Budget per Section 3004 of P.L. 113-6 (which only
applied to the disability and education benefits). The FY2013 enacted amount also includes the amount
sequestered per the Budget Control Act of 2011(P.L. 112-25).
c. OJP reported that there were no obligations against FY2013 appropriations for PSOB education benefits
because there were sufficient prior year funds.


Author Contact Information

Nathan James

Analyst in Crime Policy
njames@crs.loc.gov, 7-0264


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