34 U.S.C. § 10281: Payment of death benefits

if there is no child who survived the public safety officer, to the surviving spouse of the public safety officer; if there is at least 1 child who survived the public safety officer and a surviving spouse of the public safety officer, 50 percent to the surviving child (or children, in equal shares) and 50 percent to the surviving spouse; if there is no surviving spouse of the public safety officer, to the surviving child (or children, in equal shares); to the surviving individual (or individuals, in shares per the designation, or, otherwise, in equal shares) designated by the public safety officer to receive benefits under this subsection in the most recently executed designation of beneficiary of the public safety officer on file at the time of death with the public safety agency, organization, or unit; or if there is no individual qualifying under subparagraph (A), to the surviving individual (or individuals, in equal shares) designated by the public safety officer to receive benefits under the most recently executed life insurance policy of the public safety officer on file at the time of death with the public safety agency, organization, or unit; if there is no individual qualifying under paragraph (1), (2), (3), or (4), to the surviving parent (or parents, in equal shares) of the public safety officer; or if there is no individual qualifying under paragraph (1), (2), (3), (4), or (5), to the surviving individual (or individuals, in equal shares) who would qualify under the definition of the term “child” under section 10284 of this title but for age. 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 and proximate result of a personal injury sustained in the line of duty, a benefit shall be payable to the public safety officer (if living on the date on which the determination is made) in the same amount that would be payable, as of the date such injury was sustained (including as adjusted in accordance with subsection (h), and calculated in accordance with subsection (i)), if such determination were a determination under subsection (a): Provided , That for the purposes of making these benefit payments, there are authorized to be appropriated for each fiscal year such sums as may be necessary. Whenever the Bureau determines upon showing of need and 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 $6,000, adjusted in accordance with subsection (h), to the individual entitled to receive a benefit under subsection (a) of this section. The amount of an interim payment under subsection (c) shall be deducted from the amount of any final benefit paid to such individual. Where there is no final benefit paid, the recipient of any interim payment under subsection (c) 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. payments authorized by section 12(k) of the Act of September 1, 1916 ; benefits authorized by section 8191 of title 5 , such that beneficiaries shall receive only such benefits under such section 8191 as are in excess of the benefits received under this subchapter; or payments under the September 11th Victim Compensation Fund of 2001 ( 49 U.S.C. 40101 note; Public Law 107–42 ). No benefit paid under this subchapter shall be subject to execution or attachment. 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 subsections (a) and (b) and the level of the interim benefit payable immediately before such October 1 under subsection (c), 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. the amount payable under the relevant subsection as of the date of death or of the catastrophic injury of the public safety officer; or in any case in which the claim filed thereunder has been pending for more than 365 days at the time of final determination by the Bureau, the amount that would be payable under the relevant subsection if the death or the catastrophic injury of the public safety officer had occurred on the date on which the Bureau makes such final determination. 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. 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. engages in a situation involving nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison security, disaster relief, or other emergency response activity; or participates in a training exercise involving nonroutine stressful or strenuous physical activity; while the officer is engaged or participating as described in paragraph (1); while the officer remains on that duty after being engaged or participating as described in paragraph (1); or not later than 24 hours after the officer is engaged or participating as described in paragraph (1); and the heart attack, stroke, or vascular rupture directly and proximately results in the death of the public safety officer, For purposes of subsection (k), “nonroutine stressful or strenuous physical” excludes actions of a clerical, administrative, or nonmanual nature. The Bureau may suspend or end collection action on an amount disbursed pursuant to a statute enacted retroactively or otherwise disbursed in error under subsection (a), (b), or (c), where such collection would be impractical, or would cause undue hardship to a debtor who acted in good faith. The public safety agency, organization, or unit responsible for maintaining on file an executed designation of beneficiary or executed life insurance policy for purposes of subsection (a)(4) shall maintain the confidentiality of the designation or policy in the same manner as the agency, organization, or unit maintains personnel or other similar records of the public safety officer. an incident that exceeds the normal resources for emergency response available in the jurisdiction where the incident takes place; and an incident that results in a sudden and timely surge of injured individuals necessitating emergency services. 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. with a firearm; during one event; and in one or more locations in close proximity. directly experiencing or witnessing an event; or being subjected, in an intense way, to aversive consequences of the event (including a public safety officer collecting human remains). 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); 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 an act of criminal sexual violence committed against any individual. 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) or (b), 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; 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) or (b), 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 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) or (b), sustained in the line of duty by the officer if such exposure was a substantial factor in the disorder. 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 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. Section 10282(a)(1) of this title shall not apply to any claim for a benefit under this part that is payable in accordance with this subsection. Section 10282(a)(2) of this title shall not preclude the payment of a benefit under this part if the benefit is otherwise payable in accordance with this subsection. In this subsection, the term “retired law enforcement officer” means an individual who separated from service in good standing as a law enforcement officer in an official capacity at a public agency with or without compensation. A retired law enforcement officer shall be eligible for a benefit under this subchapter if the officer died or became permanently and totally disabled as the direct and proximate result of a personal injury resulting from a targeted attack because of the retired law enforcement officer’s service as a law enforcement officer. classified by the International Agency for Research on Cancer under Group 1 or Group 2A; and reasonably linked to an exposure-related cancer. The term “Director” means the Director of the Bureau. bladder cancer; brain cancer; breast cancer; cervical cancer; colon cancer; colorectal cancer; esophageal cancer; kidney cancer; leukemia; lung cancer; malignant melanoma; mesothelioma; multiple myeloma; non-Hodgkins lymphoma; ovarian cancer; prostate cancer; skin cancer; stomach cancer; testicular cancer; thyroid cancer; any form of cancer that is considered a WTC-related health condition under section 300mm–22(a) of title 42 ; and any form of cancer added to this definition pursuant to an update in accordance with paragraph (3). the exposure occurred while the public safety officer was engaged in line of duty action or activity; the public safety officer began serving as a public safety officer not fewer than 5 years before the date of the diagnosis of the public safety officer with an exposure-related cancer; the public safety officer was diagnosed with the exposure-related cancer not more than 15 years after the public safety officer’s last date of active service as a public safety officer; and the exposure-related cancer directly and proximately results in the death or permanent and total disability of the public safety officer. The presumption under subparagraph (A) shall not apply if competent medical evidence establishes that the exposure of the public safety officer to the carcinogen was not a substantial contributing factor in the death or disability of the public safety officer. review the definition of ‘exposure-related cancer’ under paragraph (1); and by rule; or by publication in the Federal Register or on the public website of the Bureau. The Director shall make an update under subparagraph (A)(ii) in any case in which the Director finds such an update to be appropriate based on competent medical evidence of significant risk to public safety officers of developing the form of exposure-related cancer that is the subject of the update from engagement in their public safety activities. the National Institute for Occupational Safety and Health; the National Toxicology Program; the National Academies of Sciences, Engineering, and Medicine; or the International Agency for Research on Cancer. Any person may petition the Director to add a form of cancer to the definition of “exposure-related cancer” under paragraph (1). A petition under clause (i) shall provide information to show that there is sufficient competent medical evidence of significant risk to public safety officers of developing the cancer from engagement in their public safety activities. Not later than 180 days after receipt of a petition satisfying clause (ii), the Director shall refer the petition to appropriate medical experts for review, analysis (including risk assessment and scientific study), and recommendation. The Director shall consider each recommendation under subclause (I) and promptly take appropriate action in connection with the recommendation pursuant to subparagraph (B). Not later than 30 days after taking any substantive action in connection with a recommendation under clause (iii)(II), the Director shall notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives of the substantive action. take effect on the date of enactment of this Act [ Dec. 18, 2025 ] ; and 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 the date of enactment of this Act. The amendment made by this section shall apply to any action taken against a retired law enforcement officer described in section 1201(p) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [ 34 U.S.C. 10281(p)(3) ] (as added by this Act) on or after January 1, 2012 .” take effect on the date of enactment of this Act [ Aug. 16, 2022 ]; and 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. 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 .” 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 ]. 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 . 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. no claim under such section 1201(b) so predicated has previously been filed; or a claim under such section 1201(b) 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. no claim under such section 1201(a) otherwise shall have been filed, or determined, in a final agency determination; and 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. to the WTC responder, if living on the date the application is determined, in a final agency determination; or 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). 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.” section 1201(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281(a) ) that is predicated upon the death of a public safety officer on or after January 1, 2020 , that is the direct and proximate result of an exposure-related cancer; or section 1201(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281(b) ) that is filed on or after January 1, 2020 , and predicated upon a disability that is the direct and proximate result of an exposure-related cancer. Notwithstanding any other provision of law, an individual who desires to file a claim that is predicated upon the amendment made by paragraph (1) shall not be precluded from filing such a claim within 3 years of the date of enactment of this Act [ Dec. 18, 2025 ].” that is predicated upon the death of a public safety officer on or after January 1, 2020 ; or predicated upon the disability of a public safety officer; and filed on or after January 1, 2020 . Notwithstanding any other provision of law, an individual who desires to file a claim that is predicated upon the amendment made by paragraph (1) shall not be precluded from filing such a claim within 3 years of the date of enactment of this Act [ Dec. 18, 2025 ].” 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. This means public safety officers are routinely called to respond to stressful and potentially traumatic situations, often putting their own lives in danger. 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. 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. Public safety officers often do not have the resources or support they need, leaving them at higher risk for long-term mental health consequences. 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. 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. 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.” “This Act may be cited as the ‘Safeguarding America’s First Responders Act of 2020’. an infectious disease pandemic known as COVID–19 exists; to date, there is much still unknown about COVID–19, but it is known that COVID–19 and related complications may be fatal; services provided by public safety officers are nonetheless essential during this pandemic; 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 definitive testing and medical records at this time; and a definitive uniform body of medical information about how the disease is spread or its effects. 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. 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; 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 evidence indicates that the officer had COVID–19 (or complications therefrom) at the time of the officer’s death. 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 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. 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 December 31, 2023 . in which a public safety officer engaged at the direction of the agency served by the public safety officer; or the public safety officer is authorized or obligated to perform.”