Public Safety Officer Support Act of 2022
This act extends death and disability benefits under the Public Safety Officers' Benefits (PSOB) program to certain public safety officers and survivors of public safety officers who suffer or suffered from post-traumatic stress disorder, acute stress disorder, or trauma and stress-related disorders following an exposure to one or more traumatic events while on duty. The PSOB program provides death, disability, and education benefits to public safety officers and survivors of public safety officers who die or become disabled as a direct and proximate result of a personal injury in the line of duty.
The act specifies that post-traumatic stress disorder, acute stress disorder, or trauma and stress-related disorders suffered by a public safety officer following an exposure to a traumatic event while on duty constitutes a personal injury in the line of duty if exposure to the traumatic event was a substantial factor in the disorder.
Further, for the purposes of death and disability benefits, the act creates a presumption that an officer's death or permanent disability was directly caused by a personal injury in the line of duty if the officer took an action intended to bring about his or her death and exposure to a traumatic event was a substantial factor in that action or that action occurred within 45 days of an exposure and was consistent with a psychiatric disorder.
Finally, the act requires the Government Accountability Office to report on the details of benefits issued pursuant to this act, including recommendations to improve the PSOB program.
[117th Congress Public Law 172]
[From the U.S. Government Publishing Office]
PUBLIC SAFETY OFFICER SUPPORT
ACT OF 2022
[[Page 136 STAT. 2098]]
Public Law 117-172
117th Congress
An Act
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
authorize public safety officer death benefits to officers suffering
from post-traumatic stress disorder or acute stress disorder, and for
other purposes. <<NOTE: Aug. 16, 2022 - [H.R. 6943]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Public Safety
Officer Support Act of 2022.>>
SECTION 1. <<NOTE: 34 USC 10101 note.>> SHORT TITLE.
This Act may be cited as the ``Public Safety Officer Support Act of
2022''.
SEC. 2. <<NOTE: 34 USC 10281 note.>> FINDINGS.
Congress finds the following:
(1) Every day, public safety officers, including police
officers, firefighters, emergency medical technicians, and
others, work to maintain the safety, health, and well-being of
the communities they serve.
(2) This means public safety officers are routinely called
to respond to stressful and potentially traumatic situations,
often putting their own lives in danger.
(3) This work not only puts public safety officers at-risk
for experiencing harm, serious injury, and cumulative and acute
trauma, but also places them at up to 25.6 times higher risk for
developing post-traumatic stress disorder when compared to
individuals without such experiences.
(4) Psychological evidence indicates that law enforcement
officers experience significant job-related stressors and
exposures that may confer increased risk for mental health
morbidities (such as post-traumatic stress disorder and suicidal
thoughts, ideation, intents, and behaviors) and hastened
mortality.
(5) Public safety officers often do not have the resources
or support they need, leaving them at higher risk for long-term
mental health consequences.
(6) Whereas, although the Department of Defense already
considers servicemember suicides to be line-of-duty deaths and
provides Federal support to eligible surviving families, the
Federal Government does not recognize public safety officer
suicides as deaths in the line of duty.
(7) In 2017, the Department of Justice approved 481 claims
under the Public Safety Officers' Benefits Program under subpart
1 of part L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10281 et seq.), but not one of
them for the more than 240 public safety officers who died by
suicide that year.
[[Page 136 STAT. 2099]]
(8) Public safety officers who have died or are disabled as
a result of suicide or post-traumatic stress disorder do not
qualify for the Public Safety Officers' Benefits Program,
despite the fact that public safety officers are more likely to
die by suicide than from any other line-of-duty cause of death.
SEC. 3. PUBLIC SAFETY OFFICER DEATH BENEFITS FOR POST-TRAUMATIC
STRESS DISORDER, ACUTE STRESS DISORDER, OR
TRAUMA AND STRESS RELATED DISORDERS.
(a) In General.--Section 1201 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10281) is amended by
adding at the end the following:
``(o) Post-traumatic Stress Disorder, Acute Stress Disorder, or
Trauma and Stress Related Disorders.--
``(1) Definitions.--In this section:
``(A) Mass casualty event.--The term `mass casualty
event' means an incident resulting in casualties to not
fewer than 3 victims, including--
``(i) an incident that exceeds the normal
resources for emergency response available in the
jurisdiction where the incident takes place; and
``(ii) an incident that results in a sudden
and timely surge of injured individuals
necessitating emergency services.
``(B) Mass fatality event.--The term `mass fatality
event' means an incident resulting in the fatalities of
not fewer than 3 individuals at 1 or more locations
close to one another with a common cause.
``(C) Mass shooting.--The term `mass shooting' means
a multiple homicide incident in which not fewer than 3
victims are killed--
``(i) with a firearm;
``(ii) during one event; and
``(iii) in one or more locations in close
proximity.
``(D) Exposed.--The term `exposed' includes--
``(i) directly experiencing or witnessing an
event; or
``(ii) being subjected, in an intense way, to
aversive consequences of the event (including a
public safety officer collecting human remains).
``(E) Traumatic event.--The term `traumatic event'
means, in the case of a public safety officer exposed to
an event, an event that is--
``(i) a homicide, suicide, or the violent or
gruesome death of another individual (including
such a death resulting from a mass casualty event,
mass fatality event, or mass shooting);
``(ii) a harrowing circumstance posing an
extraordinary and significant danger or threat to
the life of or of serious bodily harm to any
individual (including such a circumstance as a
mass casualty event, mass fatality event, or mass
shooting); or
``(iii) an act of criminal sexual violence
committed against any individual.
``(2) <<NOTE: Determination.>> Personal injury sustained in
line of duty.--As determined by the Bureau--
[[Page 136 STAT. 2100]]
``(A) post-traumatic stress disorder, acute stress
disorder, or trauma and stress related disorders
suffered by a public safety officer and diagnosed by a
licensed medical or mental health professional, shall be
presumed to constitute a personal injury within the
meaning of subsection (a), sustained in the line of duty
by the officer, if the officer was exposed, while on
duty, to one or more traumatic events and such exposure
was a substantial factor in the disorder;
``(B) post-traumatic stress disorder, acute stress
disorder, or trauma and stress related disorders,
suffered by a public safety officer who has contacted or
attempted to contact the employee assistance program of
the agency or entity that the officer serves, a licensed
medical or mental health professional, suicide
prevention services, or another mental health assistance
service in order to receive help, treatment, or
diagnosis for post-traumatic stress disorder or acute
stress disorder, shall be presumed to constitute a
personal injury within the meaning of subsection (a),
sustained in the line of duty by the officer, if the
officer, was exposed, while on duty, to one or more
traumatic events and such exposure was a substantial
factor in the disorder; and
``(C) post-traumatic stress disorder, acute stress
disorder, or trauma and stress related disorders,
suffered by a public safety officer who was exposed,
while on duty, to one or more traumatic events shall be
presumed to constitute a personal injury within the
meaning of subsection (a), sustained in the line of duty
by the officer if such exposure was a substantial factor
in the disorder.
``(3) <<NOTE: Determination.>> Presumption of death or
total disability.--A public safety officer shall be presumed to
have died or become permanently and totally disabled (within the
meaning of subsection (a) or (b)) as the direct and proximate
result of a personal injury sustained in the line of duty, if
(as determined by the Bureau) the officer either--
``(A) took an action, which action was intended to
bring about the officer's death and directly and
proximately resulted in such officer's death or
permanent and total disability and exposure, while on
duty, to one or more traumatic events was a substantial
factor in the action taken by the officer; or
``(B) <<NOTE: Time period.>> took an action within
45 days of the end of exposure, while on duty, to a
traumatic event, which action was intended to bring
about the officer's death and directly and proximately
resulted in such officer's death or permanent and total
disability, if such action was not inconsistent with a
psychiatric disorder.
``(4) Applicability of limitations on benefits.--
``(A) Intentional actions.--Section 1202(a)(1) shall
not apply to any claim for a benefit under this part
that is payable in accordance with this subsection.
``(B) Substance use.--Section 1202(a)(2) shall not
preclude the payment of a benefit under this part if the
benefit is otherwise payable in accordance with this
subsection.''.
(b) <<NOTE: Effective dates. 34 USC 10281 note.>> Retroactive
Applicability.--
[[Page 136 STAT. 2101]]
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall--
(A) take effect on the date of enactment of this
Act; and
(B) apply to any matter pending, before the Bureau
of Justice Assistance or otherwise, on the date of
enactment of this Act, or filed (consistent with pre-
existing effective dates) or accruing after that date.
(2) Exceptions.--The amendments made by this section shall
apply to any action taken by a public safety officer described
in paragraph (3) of section 1201(o) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (as added by this
Act) that occurred on or after January 1, 2019.
SEC. 4. TECHNICAL FIXES.
(a) Subpoena Power; Employment of Hearing Officers; Authority to
Hold Hearings.--Section 806 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10225) is amended--
(1) in the first sentence--
(A) by striking ``The'' and all that follows through
``Assistance'' and inserting ``The Assistant Attorney
General, the Bureau of Justice Assistance'';
(B) by striking ``by the Attorney General'';
(C) by striking ``Code)'' and inserting ``Code
(without regard to the days limitation prescribed
therein), but shall, in no event, be understood to be
(or to have the authority of) officers of the United
States)'';
(D) by striking ``such hearing examiners or
administrative law judges'' and inserting ``or
administrative law judges''; and
(E) by striking ``necessary to carry out their
respective powers and duties under this title'' and
inserting the following: ``necessary or convenient to
assist them in carrying out their respective powers and
duties under any law administered by or under the
Office''; and
(2) in the second sentence--
(A) by striking ``The'' and all that follows through
``Assistance'' and inserting ``The Assistant Attorney
General, the Bureau of Justice Assistance'';
(B) by striking ``or any'' and inserting ``, or
(subject to such limitations as the appointing authority
may, in its sole discretion, impose from time to time)
any'';
(C) by inserting a comma after ``thereby''; and
(D) by striking ``examinations and'' and inserting
``examinations, and''.
(b) Definitions.--Section 1204 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10284) is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12)(B), strike the period at the end and
insert a semicolon; and
(3) in paragraph (14), by redesignating the second
subparagraph (F) as subparagraph (G).
SEC. 5. GAO REPORT.
Not <<NOTE: Recommenda- tions.>> later than 1 year after the date
of enactment of this Act, the Comptroller General of the United States
shall submit
[[Page 136 STAT. 2102]]
to Congress a report that details benefits issued pursuant to subsection
(o) of section 1201 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10281), as added by section 3, and
includes any recommendations to improve that subsection.
Approved August 16, 2022.
LEGISLATIVE HISTORY--H.R. 6943:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 117-335 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 168 (2022):
May 18, considered and passed House.
Aug. 1, considered and passed Senate.
<all>
Mr. Cohen moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5120-5123; text: CR H5120-5121)
DEBATE - The House proceeded with forty minutes of debate on H.R. 6943.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H5167-5168)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays (2/3 required): 402 - 17 (Roll No. 223).
Roll Call #223 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays (2/3 required): 402 - 17 (Roll No. 223).
Roll Call #223 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Enacted as Public Law 117-172
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Senate Committee on the Judiciary discharged by Unanimous Consent.
Senate Committee on the Judiciary discharged by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S3826)
Passed Senate without amendment by Unanimous Consent. (consideration: CR S3826)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 117-172.
Became Public Law No: 117-172.