PSOB Legislation

PUBLIC SAFETY OFFICERS' DEATH BENEFITS

DEATH BENEFITS

CHAPTER 46 - SUBCHAPTER XII - PART A

[TITLE I - PART L - SUBPART 1]

42 USC § 3796

[Sec. 1201] Payment of death benefits

(a) Amount; recipients. In any case in which the Bureau of Justice Assistance
(hereinafter in this subchapter referred to as the “Bureau”) determines, under regulations
issued pursuant to this subchapter, that a public safety officer has died as the direct and
proximate result of a personal injury sustained in the line of duty, the Bureau shall pay a
benefit of $250,000, adjusted in accordance with subsection (h) of this section, as
follows:
(1) if there is no surviving child of such officer, to the surviving spouse of such
officer;
(2) if there is a surviving child or children and a surviving spouse, one- half to the
surviving child or children of such officer in equal shares and one-half to the
surviving spouse;
(3) if there is no surviving spouse, to the child or children of such officer in equal
shares;
(4) if there is no surviving spouse or surviving child, to the individual designated
by such officer as beneficiary under such officer's most recently executed life
insurance policy, provided that such individual survived such officer; or
(5) if none of the above, to the parent or parents of such officer in equal shares.
(b) Benefits for permanent and total disability. In accordance with regulations issued
pursuant to this subchapter , in any case in which the Bureau determines that a public
safety officer has become permanently and totally disabled as the direct result of a
catastrophic injury sustained in the line of duty, the Bureau shall pay, to the extent that
appropriations are provided, the same benefit in any year that is payable under subsection
(a) of this section in such year, adjusted in accordance with subsection (h) of this section,
to such officer: Provided, That the total annual benefits paid under this subsection may
not exceed $5,000,000. For the purposes of making these benefit payments, there are
authorized to be appropriated for each fiscal year such sums as may be necessary:
Provided further, That these benefit payments are subject to the availability of
appropriations and that each beneficiary's payment shall be reduced by a proportionate
share to the extent that sufficient funds are not appropriated.
(c) Interim benefit payment. Whenever the Bureau determines upon showing of need and
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prior to final action that the death of a public safety officer is one with respect to which a
benefit will probably be paid, the Bureau may make an interim benefit payment not
exceeding $3,000 to the individual entitled to receive a benefit under subsection (a) of
this section.
(d) Deduction of interim payment. The amount of an interim payment under subsection
(c) of this section shall be deducted from the amount of any final benefit paid to such
individual.
(e) Repayment of interim payment; waiver. Where there is no final benefit paid, the
recipient of any interim payment under subsection (c) of this section shall be liable for
repayment of such amount. The Bureau may waive all or part of such repayment,
considering for this purpose the hardship which would result from such repayment.
(f) Reductions from final benefit payment. The benefit payable under this subchapter
shall be in addition to any other benefit that may be due from any other source, except–
(1) payments authorized by section 12(k) of the Act of September 1, 1916, as
amended (D.C.Code, sec. 4-622); or
(2) benefits authorized by section 8191 of Title 5. Such beneficiaries shall only
receive benefits under such section 8191 that are in excess of the benefits
received under this subchapter.
(g) Execution or attachment prohibited. No benefit paid under this subchapter shall be
subject to execution or attachment.
(h) Consumer Price Index adjustment. On October 1 of each fiscal year beginning after
June 1, 1988, the Bureau shall adjust the level of the benefit payable immediately before
such October 1 under subsection (a) of this section, to reflect the annual percentage
change in the Consumer Price Index for All Urban Consumers, published by the Bureau
of Labor Statistics, occurring in the 1-year period ending on June 1 immediately
preceding such October 1.
(i) Amount payable determined as of date of death. The amount payable under
subsection (a) of this section with respect to the death of a public safety officer shall be
the amount payable under subsection (a) of this section as of the date of death of such
officer.

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(j) Limitations on benefits.
(1) No benefit is payable under this subchapter with respect to the death of a
public safety officer if a benefit is paid under this subchapter with respect to the
disability of such officer.
(2) No benefit is payable under this subchapter with respect to the disability of a
public safety officer if a benefit is payable under this subchapter with respect to
the death of such public safety officer.
42 USC § 3796a

[Sec. 1202] Limitations on benefits

No benefit shall be paid under this subchapter –
(1) if the death or catastrophic injury was caused by the intentional misconduct of
the public safety officer or by such officer's intention to bring about his death or
catastrophic injury;
(2) if the public safety officer was voluntarily intoxicated at the time of his death
or catastrophic injury;
(3) if the public safety officer was performing his duties in a grossly negligent
manner at the time of his death or catastrophic injury;
(4) to any individual who would otherwise be entitled to a benefit under this
subchapter if such individual's actions were a substantial contributing factor to the
death or catastrophic injury of the public safety officer; or
(5) to any individual employed in a capacity other than a civilian capacity.
42 USC § 3796a-1

[Sec. 1203] National programs for families of public safety officers
who have died in line of duty

The Director is authorized to use no less than $150,000 of the funds appropriated for this
subchapter to maintain and enhance national peer support and counseling programs to
assist families of public safety officers who have died in the line of duty.
42 USC § 3796b

[Sec. 1204] Definitions

As used in this subchapter –
(1) “catastrophic injury” means consequences of an injury that permanently
prevent an individual from performing any gainful work;

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(2) "chaplain" includes any individual serving as an officially recognized or
designated member of a legally organized volunteer fire department or legally
organized police department, or an officially recognized or designated public
employee of a legally organized fire or police department who was responding to
a fire, rescue, or police emergency;
(3) “child” means any natural, illegitimate, adopted, or posthumous child or
stepchild of a deceased public safety officer who, at the time of the public safety
officer's death, is–
(i) 18 years of age or under;
(ii) over 18 years of age and a student as defined in section 8101 of Title
5; or
(iii) over 18 years of age and incapable of self-support because of physical
or mental disability;
(4) “firefighter” includes an individual serving as an officially recognized or
designated member of a legally organized volunteer fire department and an
officially recognized or designated public employee member of a rescue squad or
ambulance crew.
(5) “intoxication” means a disturbance of mental or physical faculties resulting
from the introduction of alcohol into the body as evidenced by–
(i) a post-mortem blood alcohol level of .20 per centum or greater; or
(ii) a post-mortem blood alcohol level of at least .10 per centum but less
than .20 per centum unless the Bureau receives convincing evidence that
the public safety officer was not acting in an intoxicated manner
immediately prior to his death;
or resulting from drugs or other substances in the body;
(6) “law enforcement officer” means an individual involved in crime and juvenile
delinquency control or reduction, or enforcement of the laws, including, but not
limited to, police, corrections, probation, parole, and judicial officers;
(7) “public agency” means the United States, any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the
United States, Guam, American Samoa, the Trust Territory of the Pacific Islands,
the Commonwealth of the Northern Mariana Islands, and any territory or
possession of the United States, or any unit of local government, department,
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agency, or instrumentality of any of the foregoing; and
(8) “public safety officer” means1 –
(A) an individual serving a public agency in an official capacity, with or
without compensation, as a law enforcement officer, as a firefighter, as a
chaplain, or as a member of a rescue squad or ambulance crew;
(B) an employee of the Federal Emergency Management Agency who is
performing official duties of the Agency in an area, if those official
duties–
(i) are related to a major disaster or emergency that has been, or is
later, declared to exist with respect to the area under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq. ); and
(ii) are determined by the Director of the Federal Emergency
Management Agency to be hazardous duties; or
(C) an employee of a State, local, or tribal emergency management or civil
defense agency who is performing official duties in cooperation with the
Federal Emergency Management Agency in an area, if those official
duties
(i) are related to a major disaster or emergency that has been, or is
later, declared to exist with respect to the area under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq. ); and
(ii) are determined by the head of the agency to be hazardous
duties.
42 USC § 3796c
[Sec. 1205] Administrative provisions
(a) Rules, regulations, and procedures. The Bureau is authorized to establish such rules,
regulations, and procedures as may be necessary to carry out the purposes of this
subchapter . Such rules, regulations, and procedures will be determinative of conflict of
laws issues arising under this subchapter . Rules, regulations, and procedures issued

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The Disaster Mitigation Act of 2000 provided: “Effective date.--The amendment made by subsection (a)
applies only to employees described in subparagraphs (B) and (C) of section 1204(7) of the Omnibus Crime Control
and Safe Streets Act of 1968 (as amended by subsection (a)) who are injured or who die in the line of duty on or
after the date of the enactment of this Act.” Pub. L. No. 106-390, 114 Stat. 1552, 1573 (2000); 42 U.S.C. §3796b
note.

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under this subchapter may include regulations governing the recognition of agents or
other persons representing claimants under this subchapter before the Bureau. The
Bureau may prescribe the maximum fees which may be charged for services performed
in connection with any claim under this subchapter before the Bureau, and any agreement
in violation of such rules and regulations shall be void.
(b) Use of State and local administrative and investigative assistance. In making
determinations under section 3796 of this title, the Bureau may utilize such
administrative and investigative assistance as may be available from State and local
agencies. Responsibility for making final determinations shall rest with the Bureau.
(c) Use of funds to conduct appeals of claims. Notwithstanding any other provision of
law, the Bureau is authorized to use appropriated funds to conduct appeals of public
safety officers' death and disability claims.
42 USC § 3796c-1

Expedited payment for public safety officers involved in the
prevention, investigation, rescue, or recovery efforts related to a
terrorist attack

(a) In general. Notwithstanding the limitations of subsection (b) of section 3796 of this
title or the provisions of subsections (c), (d), and (e) of such section or section 3796a of
this title, upon certification (containing identification of all eligible payees of benefits
pursuant to section 3796 of this title) by a public agency that a public safety officer
employed by such agency was killed or suffered a catastrophic injury producing
permanent and total disability as a direct and proximate result of a personal injury
sustained in the line of duty as described in section 3796 of this title in connection with
prevention, investigation, rescue, or recovery efforts related to a terrorist attack, the
Director of the Bureau of Justice Assistance shall authorize payment to qualified
beneficiaries, said payment to be made not later than 30 days after receipt of such
certification, benefits described under part A of subchapter XII of chapter 46 of this title
(42 U.S.C.A. § 3796 et seq.).
(b) Definitions. For purposes of this section, the terms "catastrophic injury", "public
agency", and "public safety officer" have the same meanings given such terms in section
3796b of this title.

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PUBLIC SAFETY OFFICERS’ DEATH BENEFITS

EDUCATIONAL ASSISTANCE TO DEPENDENTS OF PUBLIC SAFETY OFFICERS

KILLED OR DISABLED IN THE LINE OF DUTY

CHAPTER 46 - SUBCHAPTER XII - PART B

[TITLE I - PART L - SUBPART 2]

42 USC § 3796d

[Sec. 1211] Purposes

The purposes of this part are–
(1) to enhance the appeal of service in public safety agencies;
(2) to extend the benefits of higher education to qualified and deserving persons
who, by virtue of the death of or total disability of an eligible officer, may not be
able to afford it otherwise; and
(3) to allow the family members of eligible officers to attain the vocational and
educational status which they would have attained had a parent or spouse not
been killed or disabled in the line of duty.
42 USC § 3796d-1

[Sec. 1212] Basic eligibility

(a) Benefits
(1) Subject to the availability of appropriations, the Attorney General shall
provide financial assistance to a dependent who attends a program of education
and is–
(A) the child of any eligible public safety officer under part A [subpart 1]
of this subchapter ; or
(B) the spouse of an officer described in subparagraph (A) at the time of
the officer's death or on the date of a totally and permanently disabling
injury.
(2) Except as provided in paragraph (3), financial assistance under this part shall
consist of direct payments to an eligible dependent and shall be computed on the
basis set forth in section 3532 of Title 38.
(3) The financial assistance referred to in paragraph (2) shall be reduced by the
sum of –
(A) the amount of educational assistance benefits from other Federal,
State, or local governmental sources to which the eligible dependant
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would otherwise be entitled to receive; and
(B) the amount, if any, determined under section 3694d-3(b) [1214(b)]
(b) Duration of benefits. No dependent shall receive assistance under this part for a
period in excess of forty-five months of full-time education or training or a proportional
period of time for a part-time program.
(c) Age limitation for dependent children. No dependent child shall be eligible for
assistance under this part after the child's 27th birthday absent a finding by the Attorney
General of extraordinary circumstances precluding the child from pursuing a program of
education.
42 USC § 3796d-2

[Sec. 1213] Applications; approval

(a) Application. A person seeking assistance under this part shall submit an application
to the Attorney General in such form and containing such information as the Attorney
General reasonably may require.
(b) Approval. The Attorney General shall approve an application for assistance under
this part unless the Attorney General finds that–
(1) the dependent is not eligible for, is no longer eligible for, or is not entitled to
the assistance for which application is made;
(2) the dependent's selected educational institution fails to meet a requirement
under this part for eligibility;
(3) the dependent's enrollment in or pursuit of the educational program selected
would fail to meet the criteria established in this part for programs; or
(4) the dependent already is qualified by previous education or training for the
educational, professional, or vocational objective for which the educational
program is offered.
(c) Notification. The Attorney General shall notify a dependent applying for assistance
under this part of approval or disapproval of the application in writing.
42 USC § 3796d-3

[Sec. 1214] Regulations

(a) In general. The Attorney General may promulgate reasonable and necessary
regulations to implement this part .
(b) Sliding scale. Notwithstanding section 3796d-2(b) [1213(b)], the Attorney General
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shall issue regulations regarding the use of a sliding scale based on financial need to
ensure that an eligible dependent who is in financial need receives priority in receiving
funds under this part
42 USC § 3796d-4

[Sec. 1215] Discontinuation for unsatisfactory conduct or progress

The Attorney General may discontinue assistance under this part when the Attorney
General finds that, according to the regularly prescribed standards and practices of the
educational institution, the recipient fails to maintain satisfactory progress as described in
section 1091(c) of Title 20.
42 USC § 3796d-5

[Sec. 1216] Special rule

(a) Retroactive eligibility. Notwithstanding any other provision of law, each dependent
of a Federal law enforcement officer killed in the line of duty on or after January 1, 1978,
and each dependent of a public safety officer killed in the line of duty on or after January
1, 1978, shall be eligible for assistance under this part, subject to the other limitations of
this part .
(b) Retroactive assistance. The Attorney General may provide retroactive assistance to
dependents eligible under this section for each month in which the dependent pursued a
program of education at an eligible educational institution. The Attorney General shall
apply the limitations contained in this part to retroactive assistance.
(c) Prospective assistance. The Attorney General may provide prospective assistance to
dependents eligible under this section on the same basis as assistance to dependents
otherwise eligible. In applying the limitations on assistance under this part , the Attorney
General shall include assistance provided retroactively. A dependent eligible under this
section may waive retroactive assistance and apply only for prospective assistance on the
same basis as dependents otherwise eligible.
42 USC § 3796d-6

[Sec. 1217] Definitions

For purposes of this part :
(1) The term “Attorney General” means the Attorney General of the United
States.
(2) The term “program of education” means any curriculum or any combination
of unit 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
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reasonably related to a single career field.
(3) The term “eligible educational institution” means an institution which–
(A) is described in section 481 of the Higher Education Act of 1965 (20
U.S.C. 1088), as in effect on the October 3, 1996; and
(B) is eligible to participate in programs under title IV of such Act [20
U.S.C.A. § 1070 et seq.].
42 USC § 3796d-7

[Sec. 1218] Authorization of appropriations

There are authorized to be appropriated to carry out this part such sums as may be
necessary.

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