Editorial Notes
References in TextSection 12 of the Act of September 1, 1916, referred to in subsec. (f)(1), is section 12 of act Sept. 1, 1916, ch. 433, 39 Stat. 718, which is not classified to the Code.
The September 11th Victim Compensation Fund of 2001, referred to in subsec. (f)(3), is title IV of Puspan. L. 107–42, Sept. 22, 2001, 115 Stat. 237, which is set out in a note under section 40101 of Title 49, Transportation.
CodificationSection was formerly classified to section 3796 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Prior ProvisionsA prior section 1201 of title I of Puspan. L. 90–351, as added Puspan. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1219; amended Puspan. L. 98–411, title II, § 204(a)(1), Aug. 30, 1984, 98 Stat. 1561; Puspan. L. 98–473, title II, § 609Z, Oct. 12, 1984, 98 Stat. 2107, contained provisions similar to this section, prior to the general amendment of part L of title I of Puspan. L. 90–351 by section 609F of Puspan. L. 98–473.
Another prior section 1201 of Puspan. L. 90–351, title VII, June 19, 1968, 82 Stat. 236, was set out in the Appendix to Title 18, Crimes and Criminal Procedure, prior to repeal by Puspan. L. 99–308, § 104(span), May 19, 1986, 100 Stat. 459.
Amendments2022—Subsec. (o). Puspan. L. 117–172 added subsec. (o).
2021—Subsec. (a). Puspan. L. 117–61, § 2(1), in introductory provisions, struck out “the Bureau shall pay” before “a benefit of $250,000,” and inserted “, and calculated in accordance with subsection (i), shall be payable by the Bureau” after “ subsection (h)”.
Subsec. (span). Puspan. L. 117–61, § 2(2), substituted “a benefit shall be payable” for “the Bureau shall pay the same benefit”, “in the same amount that would be payable, as of the date such injury was sustained (including” for “that is payable under subsection (a) with respect to the date on which the catastrophic injury occurred,”, and “necessary.” for “necessary: Provided further, That the amount payable under this subsection shall be the amount payable as of the date of catastrophic injury of such public safety officer.” and inserted “, and calculated in accordance with subsection (i)), if such determination were a determination under subsection (a)” before “: Provided, That”.
Subsec. (c). Puspan. L. 117–61, § 2(3), substituted “$6,000, adjusted in accordance with subsection (h),” for “$3,000”.
Subsec. (h). Puspan. L. 117–61, § 2(4), substituted “subsections (a) and (span) and the level of the interim benefit payable immediately before such October 1 under subsection (c)” for “subsection (a)”.
Subsec. (i). Puspan. L. 117–61, § 2(5), added subsec. (i) and struck out former subsec. (i). Prior to amendment, text read as follows: “The amount payable under subsection (a) with respect to the death of a public safety officer shall be the amount payable under subsection (a) as of the date of death of such officer.”
Subsec. (m). Puspan. L. 117–61, § 2(6), inserted “, (span),” after “subsection (a)”.
2013—Subsec. (a). Puspan. L. 112–239, § 1086(span)(1)(B)(i), substituted “follows (if the payee indicated is living on the date on which the determination is made)—” for “follows:” in introductory provisions, added pars. (1) to (6), and struck out former pars. (1) to (6) which listed a succession of beneficiaries.
Subsec. (span). Puspan. L. 112–239, § 1086(span)(1)(B)(ii), substituted “direct and proximate result of a personal injury sustained in the line of duty, the Bureau shall pay the same benefit to the public safety officer (if living on the date on which the determination is made) that is payable under subsection (a) of this section with respect to the date on which the catastrophic injury occurred, as adjusted in accordance with subsection (h) of this section:” for “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:”, “That for the purposes” for “That the total annual benefits paid under this subsection may not exceed $5,000,000. For the purposes”, and “That the amount payable under this subsection shall be the amount payable as of the date of catastrophic injury of such public safety officer.” for “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.”
Subsec. (f)(1). Puspan. L. 112–239, § 1086(span)(1)(B)(iii)(I), substituted semicolon at end for “, as amended (D.C. Code, sec. 4–622); or”.
Subsec. (f)(2). Puspan. L. 112–239, § 1086(span)(1)(B)(iii)(II), substituted “, such that beneficiaries shall receive only such benefits under such section 8191 as are in excess of the benefits received under this subchapter; or” for “. Such beneficiaries shall only receive benefits under such section 8191 that are in excess of the benefits received under this subchapter.”
Subsec. (f)(3). Puspan. L. 112–239, § 1086(span)(1)(B)(iii)(III), added par. (3).
Subsec. (k). Puspan. L. 112–239, § 1086(span)(1)(B)(iv), amended subsec. (k) generally. Prior to amendment, subsec. (k) related to presumption with respect to death by heart attack or stroke.
Subsec. (n). Puspan. L. 112–239, § 1086(span)(1)(B)(v), added subsec. (n).
2006—Subsec. (a)(4). Puspan. L. 109–162, § 1164(d), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “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”.
Subsec. (a)(6). Puspan. L. 109–162, § 1164(e), which directed amendment of section 1201(1)(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796(a)) by adding par. (6) at end, was executed by adding par. (6) at end of subsec. (a) of this section to reflect the probable intent of Congress.
Subsec. (m). Puspan. L. 109–162, § 1164(c), added subsec. (m).
2003—Subsecs. (k), (l). Puspan. L. 108–182 added subsecs. (k) and (l).
2002—Subsec. (a)(4), (5). Puspan. L. 107–196 added par. (4) and redesignated former par. (4) as (5).
2001—Subsec. (a). Puspan. L. 107–56 substituted “$250,000” for “$100,000” in introductory provisions.
1994—Subsec. (a). Puspan. L. 103–322, § 330001(e)(1)(A), substituted “subsection (h) of this section,” for “subsection (g) of this section” in introductory provisions.
Subsec. (span). Puspan. L. 103–322, § 330001(e)(1)(B), substituted “catastrophic injury” for “catastrophic personal injury”, “subsection (h)” for “subsection (g)”, and “benefits paid under this subsection” for “benefits paid under this section”.
1992—Subsec. (span). Puspan. L. 102–520 substituted “the same benefit in any year that is payable under subsection (a) of this section in such year,” for “a benefit of up to $100,000,”.
1990—Subsec. (span). Puspan. L. 101–647, § 1301(a)(3), added subsec. (span). Former subsec. (span) redesignated (c).
Subsec. (c). Puspan. L. 101–647, § 1301(a)(2), redesignated subsec. (span) as (c). Former subsec. (c) redesignated (d).
Subsecs. (d), (e). Puspan. L. 101–647, § 1301(a)(1), (2), redesignated subsecs. (c) and (d) as (d) and (e), respectively, and substituted “(c)” for “(span)”. Former subsec. (e) redesignated (f).
Subsecs. (f) to (i). Puspan. L. 101–647, § 1301(a)(2), redesignated former subsecs. (e) to (h) as (f) to (i), respectively.
Subsec. (j). Puspan. L. 101–647, § 1301(a)(4), added subsec. (j).
1988—Subsec. (a). Puspan. L. 100–690, § 6105(a), substituted “$100,000, adjusted in accordance with subsection (g) of this section” for “$50,000”.
Subsec. (a)(4). Puspan. L. 100–690, § 6105(c), struck out “dependent” before “parent”.
Subsecs. (g), (h). Puspan. L. 100–690, § 6105(span), added subsecs. (g) and (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentPuspan. L. 117–172, § 3(span), Aug. 16, 2022, 136 Stat. 2099, provided that:“(1)In general.—Except as provided in paragraph (2), the amendments made by this section [amending this section] shall—“(A) take effect on the date of enactment of this Act [Aug. 16, 2022]; 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 [34 U.S.C. 10281(o)(3)] (as added by this Act) that occurred on or after January 1, 2019.”
Effective Date of 2021 AmendmentPuspan. L. 117–61, § 8, Nov. 18, 2021, 135 Stat. 1479, provided that:“(a)In General.—Except as otherwise provided in this section, the amendments made by this Act [amending this section and sections 10225, 10284, 10285, 10288, and 10306 of this title, and amending provisions set out as a note below] shall take effect on the date of enactment of this Act [Nov. 18, 2021].
“(span)Applicability.—“(1)Certain injuries.—The amendments made to paragraphs (2) and (7) of section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284) shall apply with respect to injuries occurring on or after January 1, 2008. “(2)Matters pending.—Except as provided in paragraph (1), the amendments made by this Act shall apply to any matter pending, before the Bureau or otherwise, on the date of enactment of this Act, or filed (consistent with pre-existing effective dates) or accruing after that date.
“(c)Effective Date for WTC Responders.—“(1)Certain new claims.—Not later than two years after the effective date of this Act, a WTC responder may file a claim, under section 1201(span) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(span)), that is predicated on a personal injury sustained in the line of duty by such responder as a result of the September 11, 2001, attacks, where—“(A) no claim under such section 1201(span) so predicated has previously been filed; or
“(B) a claim under such section 1201(span) so predicated had previously been denied, in a final agency determination, on the basis (in whole or in part) that the claimant was not totally disabled.
“(2)Claims for a deceased wtc responder.—Not later than two years after the effective date of this Act, a claim may be filed, constructively under section 1201(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(a)), where a WTC responder who otherwise could have filed a claim pursuant to paragraph (1) has died before such effective date (or dies not later than 365 days after such effective date), or where a WTC responder has filed such a claim but dies while it is pending before the Bureau: Provided, That—“(A) no claim under such section 1201(a) otherwise shall have been filed, or determined, in a final agency determination; and
“(B) if it is determined, in a final agency determination, that a claim under such paragraph (1) would have been payable had the WTC responder not died, then the WTC responder shall irrebutably be presumed (solely for purposes of determining to whom benefits otherwise pursuant to such paragraph (1) may be payable under the claim filed constructively under such section 1201(a)) to have died as the direct and proximate result of the injury on which the claim under such paragraph (1) would have been predicated.
“(3)Difference in benefit pay.—In the event that a claim under section 1201(span) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(span)) and predicated on an injury sustained in the line of duty by a WTC responder as a result of the September 11, 2001, attacks was approved, in a final agency determination, before the effective date of this Act, the Bureau shall, upon application filed (not later than three years after such effective date of this Act) by the payee (or payees) indicated in subparagraphs (A) or (B), pay a bonus in the amount of the difference (if any) between the amount that was paid pursuant to such determination and the amount that would have been payable had the amendments made by this Act, other than those indicated in subsection (span)(1), been in effect on the date of such determination—“(A) to the WTC responder, if living on the date the application is determined, in a final agency determination; or
“(B) if the WTC responder is not living on the date indicated in subparagraph (A), to the individual (or individuals), if living on such date, to whom benefits would have been payable on such date under section 1201(a) of such title I (34 U.S.C. 10281(a)) had the application been, instead, a claim under such section 1201(a). “(4)Special limited rule of construction.—A claim filed pursuant to paragraph (1) or (2) shall be determined as though the date of catastrophic injury of the public safety officer were the date of enactment of this Act [Nov. 18, 2021], for purposes of determining the amount that may be payable.”
Effective Date of 2013 AmendmentAmendment by Puspan. L. 112–239 effective Jan. 2, 2013, and applicable to matters pending on Jan. 2, 2013, or filed or accruing after that date, with certain exceptions, see section 1086(d) of Puspan. L. 112–239, set out as a note under section 10251 of this title.
Effective Date of 2002 AmendmentPuspan. L. 107–196, § 2(c), June 24, 2002, 116 Stat. 720, provided that: “The amendments made by this section [amending this section and section 10284 of this title] shall take effect on September 11, 2001, and shall apply to injuries or deaths that occur in the line of duty on or after such date.”
Effective Date of 2001 AmendmentPuspan. L. 107–56, title VI, § 613(span), Oct. 26, 2001, 115 Stat. 370, provided that: “The amendment made by subsection (a) [amending this section] shall apply to any death or disability occurring on or after January 1, 2001.”
Effective Date of 1992 AmendmentPuspan. L. 102–520, § 2, Oct. 25, 1992, 106 Stat. 3402, provided that: “The amendments made by section 1 of this Act [amending this section] shall apply with respect to injuries occurring on or after November 29, 1990, using the calculation method used to determine benefits under section 1201(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10281(a)].”
Effective Date of 1990 AmendmentPuspan. L. 101–647, title XIII, § 1303, Nov. 29, 1990, 104 Stat. 4835, provided that: “The amendments made by this title [amending this section and sections 10282 and 10284 of this title] shall take effect upon enactment [Nov. 29, 1990] and shall not apply with respect to injuries occurring before the effective date of such amendments.”
Effective Date of 1988 AmendmentPuspan. L. 100–690, title VI, § 6105(e), Nov. 18, 1988, 102 Stat. 4341, provided that: “The amendments made by this section [amending this section and section 10284 of this title] shall take effect on June 1, 1988.”
Effective DateSubchapter effective Oct. 1, 1984, and inapplicable with respect to injuries sustained before Oct. 1, 1984, see section 609AA(span)(1) of Puspan. L. 98–473, set out as a note under section 10101 of this title.
FindingsPuspan. L. 117–172, § 2, Aug. 16, 2022, 136 Stat. 2098, provided that: “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 jospan-related stressors and exposures that may confer increased risk for mental health morbidities (such as post-traumatic stress disorder and suicidal thoughts, ideation, intents, and behaviors) and hastened mortality.
“(5) Public safety officers often do not have the resources or support they need, leaving them at higher risk for long-term mental health consequences.
“(6) Whereas, although the Department of Defense already considers servicemember suicides to be line-of-duty deaths and provides Federal support to eligible surviving families, the Federal Government does not recognize public safety officer suicides as deaths in the line of duty.
“(7) In 2017, the Department of Justice approved 481 claims under the Public Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281 et seq.), but not one of them for the more than 240 public safety officers who died by suicide that year. “(8) Public safety officers who have died or are disabled as a result of suicide or post-traumatic stress disorder do not qualify for the Public Safety Officers’ Benefits Program, despite the fact that public safety officers are more likely to die by suicide than from any other line-of-duty cause of death.”
Safeguarding America’s First RespondersPuspan. L. 116–157, Aug. 14, 2020, 134 Stat. 704, as amended by Puspan. L. 117–61, § 9, Nov. 18, 2021, 135 Stat. 1481, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Safeguarding America’s First Responders Act of 2020’.
“SEC. 2. SENSE OF CONGRESS; PURPOSE.“(a)Sense of Congress.—It is the sense of Congress that—“(1) an infectious disease pandemic known as COVID–19 exists;
“(2) to date, there is much still unknown about COVID–19, but it is known that COVID–19 and related complications may be fatal;
“(3) services provided by public safety officers are nonetheless essential during this pandemic;
“(4) due to the COVID–19 pandemic and what is currently known about how the disease is spread, public safety officers are uncharacteristically at risk of contracting the disease; and
“(5) although the Public Safety Officers’ Benefits program currently covers deaths and permanent and total disabilities resulting from infectious disease sustained by public safety officers in carrying out their duties, the determination of claims involving personal injuries believed to have resulted from COVID–19 or its complications may be uniquely challenging or delayed given the lack of—“(A) definitive testing and medical records at this time; and
“(B) a definitive uniform body of medical information about how the disease is spread or its effects.
“(span)Purpose.—The purpose of this Act is to establish a carefully drawn framework wherein claims under the Public Safety Officers’ Benefits program, arising under the unique circumstances described in subsection (a), can be processed expeditiously and under fair and clear standards.
“SEC. 3. PUBLIC SAFETY OFFICER BENEFITS.“(a)Death Benefits.—As determined by the Bureau of Justice Assistance, unless competent medical evidence establishes that the death of a public safety officer (as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284)) was directly and proximately caused by something other than COVID–19, COVID–19 (or complications therefrom) suffered by the public safety officer shall be presumed to constitute a personal injury within the meaning of section 1201(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(a)), sustained in the line of duty by the officer and directly and proximately resulting in death, if—“(1) the officer engaged in a line of duty action or activity during the period beginning on January 1, 2020, and ending on the termination date;
“(2) the officer was diagnosed with COVID–19 (or evidence indicates that the officer had COVID–19) during the 45-day period beginning on the last day of duty of the officer; and
“(3) evidence indicates that the officer had COVID–19 (or complications therefrom) at the time of the officer’s death.
“(span)Disability Benefits.—As determined by the Bureau of Justice Assistance, COVID–19 (or complications therefrom) suffered by a public safety officer shall be presumed to constitute a personal injury within the meaning of section 1201(span) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(span)), sustained in the line of duty by the officer, if—“(1) the officer engaged in a line of duty action or activity during the period beginning on January 1, 2020, and ending on the termination date; and
“(2) the officer was diagnosed with COVID–19 (or evidence indicates that the officer had COVID–19) during the 45-day period beginning on the last day of duty of the officer.
“(c)Termination Date.—For purposes of this section, the term ‘termination date’ means the earlier of—“(1) the date on which the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to the Coronavirus Disease (COVID–19), expires; and “(2)December 31, 2023.”
