Public Safety Officers' Benefits (PSOB) Program







Prepared for Members and Committees of Congress



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 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. For deaths occurring after October 1, 2008, the one-time lump sum benefit is $315,746.
The Hometown Heroes Survivor Benefits Act of 2003 (P.L. 108-182) amended current law to
facilitate death benefits to the survivors of officers who die from certain line-of-duty heart attacks
and strokes.
The PSOB program provides a one-time 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 November 29, 2007, the benefit is $315,746.
The PSOB program also provides assistance to spouses and children of public safety officers who
have been killed or disabled in the line of duty who attend a program of education at an eligible
educational institution. 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, 2008, the maximum award for a full-time student was $915 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. This report will be updated as warranted.






Introduc tion ............................................................................................................................... 1
Definition of a Public Safety Officer........................................................................................1
PSOB Death Benefit.................................................................................................................2
Hometown Heroes Act........................................................................................................3
DOJ OIG Report on the Implementation of the Hometown Heroes Act............................5
PSOB Disability Benefit...........................................................................................................5
Limitations on Death and Disability Benefits...........................................................................6
Public Safety Officers’ Educational Assistance........................................................................6
Appeal of Denied Claims..........................................................................................................8
PSOB Appropriations and Obligations.....................................................................................9
Table 1. Appropriations and Obligations for PSOB Death, Disability, and Education
Benefits, by Fiscal Year, FY2003-FY2008................................................................................10
Author Contact Information..........................................................................................................10





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., hereafter 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 1
dangerous circumstances.” 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 2
hindering the ability of communities to protect themselves.”
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 3
determinations about claims for benefits under the PSOB program.
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.
Only individuals who are public safety officers, or their eligible survivors, are eligible to receive 4
PSOB benefits. For the purposes of the PSOB Act, a “public safety officer” is defined as
• an individual serving a public agency5 in an official capacity, with or without 678
compensation, as a law enforcement officer, firefighter, chaplain, or a member 9
of a rescue squad or ambulance crew;

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, accessed December 2, 2008 (hereafter
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 (hereafterPSOB: 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 Alaw 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 Afirefighter” 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).





• 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; or
• 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.
The PSOB program provides a death benefit to eligible survivors (i.e., the spouse, eligible 10
children, the beneficiary of an officer’s life insurance policy, or an officer’s parents) of a public
safety officer whose death is the direct and proximate result of a traumatic injury sustained in the 11
line of duty or certain work-related heart attacks or strokes. To receive a death benefit, the
claimant must produce sufficient evidence to show that the public safety officer died as the direct 12
and proximate result of an injury sustained in the line of duty. Eligible survivors file claims for 13
death benefits through the agency in which the public safety officer served.
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 14
date that the claim is approved. For deaths occurring after October 1, 2008, the benefit is 15
$315,746.

(...continued)
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
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 Amember of a rescue squad or ambulance crew” is defined as an officially recognized or designated public
employee member of a rescue squad or ambulance crew. 42 U.S.C. §3796b(7).
10 Aneligible child” is defined as any natural, illegitimate, adopted, or posthumous child or stepchild or the public
safety officer who, at the time of the officers death, was 18 or younger, or between 19 and 22 (inclusive) and a full-
time student at an eligible educational institution, or 18 or older and incapable of self-support because of mental or
physical disabilities. 42 U.S.C. §3796b(3).
11 U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, Public Safety Officers’ Benefits
(PSOB) Program, at http://www.ojp.usdoj.gov/BJA/grant/psob/psob_main.html, accessed December 2, 2008 (hereafter
PSOB program).
12 PSOB: Federal Register, p. 46028; U.S. Department of Justice, Office of Justice Programs, Bureau of Justice
Assistance, Public Safety Officers Benefits Program: Death Benefits, at http://www.ojp.usdoj.gov/BJA/grant/psob/
psob_death.html, accessed December 2, 2008 (hereafter “PSOB: Death Benefits”).
13 Ibid.
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
(continued...)





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.
• 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 designated by the officer in his or her most recently
executed life insurance policy, provided that the beneficiary has survived the
officer.
• If the officer is survived by neither a spouse or eligible children, and the officer
does not have a life insurance policy, the death benefit is equally distributed 16
between the officer’s surviving parents.
• 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. Finally,
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.
The Hometown Heroes Survivor Benefits Act of 2003 (P.L. 108-182, hereafter 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 on duty on, after, or within 24 hours of participating in a non-routine 17
stressful or strenuous physical public safety activity or training died in the line of duty for

(...continued)
been adjusted each year on October 1 to reflect the percentage change in the Consumer Price Index.
16 PSOB: Death Benefits.
17Non-routine strenuous physical activity is defined as line-of-duty activity, except activity excluded by 42 U.S.C.
§3796l 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. §3796l, 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
(continued...)





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 18
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.
BJA reported that it encountered a series of problems in implementing the provisions of the
Hometown Heroes Act. In January 2004, BJA amended the PSOB regulations to implement the 19
Hometown Heroes Act. BJA chose to “overhaul” the PSOB regulations because they had not
been significantly amended in 30 years and because the PSOB Act had been amended 18 times 20
since 1976, which resulted in overlapping statutory and regulatory structures. After the draft
regulations were posted in the Federal Register for a comment period, Congress enacted
additional amendments to the PSOB Act, which required additional modifications to the PSOB 21
regulations and a new comment period. The final PSOB regulations went into effect on
September 11, 2006.
The PSOB Office could not review claims for death benefits submitted pursuant to the Hometown 22
Heroes Act until the PSOB regulations were finalized, which resulted in a backlog of claims.
The PSOB Office is working to reduce the backlog of claims. To help reduce the backlog, BJA
hired additional staff to review PSOB claims, contracted with additional private forensic
pathologists, identified additional hearing officers for appeals (see below), and created an online 23
system for submitting claims. The PSOB Office is working toward a goal of processing claims 24
within 90 days of receiving all necessary information from agencies and survivors.
The PSOB Office has changed its policy to address the concerns of the public safety community
about the way that Hometown Heroes Act claims are settled. The Director of BJA has directed the
PSOB Office not to require claimants to submit medical history records unless something in the
claim affirmatively suggests that something other than the line of duty caused the fatal heart 25
attack or stroke, or that it was more likely than not that the heart attack or stroke was imminent.
In cases where the PSOB Office requests medical records, the PSOB Office has been instructed to 26
review the medical records for mitigating evidence in favor of the claim. Prior to this change in

(...continued)
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 CFR § 32.13.
18 “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 CFR §32.13.
19 Testimony of D.S. Herraiz.
20 Ibid.
21 Ibid.
22 Ibid.
23 Ibid.
24 Ibid.
25 Memorandum from Domingo S. Herraiz, Director of the Bureau of Justice Assistance, Re: “Competent Medical
Evidence to the Contrary, October 2, 2007.
26 Ibid.





policy, claimants were required to submit 10 years of medical records to verify that the officer 27
died from a heart attack or stroke caused by the line of duty. The Director of BJA has also
instructed the PSOB Office with regard to the application of the term “non-routine” activity. An
activity is no longer considered to be “routine” because it is described by the public safety agency 28
as being “routine” or “ordinary.” When the PSOB Office determines whether an activity is
“routine,” the Office’s determination is informed less by the frequency with which the activity is 29
performed than by its stressful or strenuous character. The Director chose to clarify the
definition of “non-routine” activity because of concerns that the PSOB Office was too widely
defining which activities were considered “routine.”
In March of 2008, the Department of Justice (DOJ) Office of the Inspector General (OIG) issued
a report on its assessment of, among other things, the timeliness of OJP’s processing of claims 30
under the Hometown Heroes Act. The OIG found that as of November 29, 2007, OJP had
completed only half of the claims it had received since the Hometown Heroes Act was passed.
One of the reasons cited by the OIG for the backlog of claims was the 33 months it took OJP to
issue new regulations to implement the Act, during which time OJP developed a backlog of 201 31
claims. The OIG found that the processing of Hometown Heroes Act claims was slow even after
the regulations were in place. The delays in processing the claims were in part, according to the
OIG, the result of most claims being submitted without the required documentation, the Office of
General Counsel’s legal review of each claim was time consuming, and decisions on some claims
were delayed because OJP could not obtain needed pathology reviews. Starting in the fall of
2007, OJP implemented new policies and procedures that were designed to expedite the claims
review process, including providing more guidance to claimants and changing internal procedures
to speed the claims review process. The OIG found evidence that the policies and procedures put
in place by OJP increased its ability to quickly review a claim and make a determination. In
FY2007, OJP issued determinations on 72 Hometown Heroes Act claims, but in the first two 32
months of FY2008, it issued determinations on 40 claims. By the end of the OIG review, OJP
had reduced the claims backlog from 201 to 99.
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 by a catastrophic 33
injury sustained in the line of duty, if the injury permanently prevents the officer from

27 Testimony of D.S. Herraiz.
28 Memorandum from Domingo S. Herraiz, Director of the Bureau of Justice Assistance, Re: “Nonroutine Stressful or
Strenuous Physical Activity, October 2, 2007.
29 Ibid.
30 U.S. Department of Justice, Office of the Inspector General, The Office of Justice Programs’ Implementation of the
Hometown Heroes Survivors Benefits Act of 2003, report number I-2008-005, March 2008, available online at
http://www.usdoj.gov/oig/reports/OJP/e0805/final.pdf, accessed November 20, 2008.
31 Ibid., p. i.
32 Ibid., p. xi.
33Catastrophic injury is defined as an injury that permanently prevents an individual from performing any gainful
work. 42 U.S.C. §3796b(1).





performing any gainful work.34 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 and that the disability prevents him or her from 35
performing any gainful work. Medical retirement for a line-of-duty disability does not, in and of 36
itself, establish eligibility for a disability benefit.
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 November 29, 2007, the benefit is $315,746.
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.
A death or disability benefit will not be paid
• if the death or disability was caused by the intentional misconduct of the public
safety officer or the officer’s intention to bring about his or her death or
catastrophic injury;
• if the public safety officer was voluntarily intoxicated at the time of his or her
death 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 death or catastrophic injury;
• if an eligible survivor’s actions were a substantial contributing factor to the
officer’s death or catastrophic injury; or
• with respect to any individual employed in a capacity other than a civilian 37
capacity.
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

34 PSOB program.
35 U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, Public Safety Officers’ Benefits
Program: Disability Benefits, at http://www.ojp.usdoj.gov/BJA/grant/psob/psob_disability.html, accessed December 2,
2008.
36 Ibid.
37 42 U.S.C. §3796a.





spouses and children of public safety officers killed or disabled in the line of duty who attend a 3839
program of education at an eligible educational institution. PSOEA funds may be used to
defray expenses associated with attending college, including tuition and fees, room and board, 40
books, supplies, and other education-related costs.
Assistance through the PSOEA program is available to the spouse and children of a public safety 41
officer after the PSOB death or disability claim has been approved and awarded. As of October 42
1, 2008, the maximum award for a full-time student was $915 per month. Award amounts are
proportionately decreased for individuals attending school part-time. Under current law, a PSOEA
award is reduced—and in some cases may be eliminated—by the amount of financial aid the 43
applicant is eligible to receive from federal, state, or local governments or public schools.
PEOEA awards are not affected by the amount of financial aid the applicant receives from loans, 44
private schools, or private foundations or organizations. PSOEA awards may be discontinued if
the applicant fails to make satisfactory progress while enrolled in school (i.e., maintains a 2.0 45
grade point average).
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 can receive benefits under PSOEA only for educational expenses incurred th
prior to his or her 27 birthday. 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 46
period of part-time education.
Applicants can apply for retroactive assistance for semesters or quarters already completed, as 47
long as they were completed after the date of the public safety officer’s death or disability.
Applicants can apply for prospective assistance only for the current or upcoming semester or
quarter.

38
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).
39 Aneligible 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).
40 U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, Public Safety Officers’ Benefits
Program: Educational Assistance Benefits, available at http://www.ojp.usdoj.gov/BJA/grant/psob/
psob_education.html, accessed December 2, 2008 (hereafter “PSOB: Educational Assistance Benefits”).
41 Ibid.
42 Ibid.
43 42 U.S.C.§3796d-1(3).
44 Claimants who are in default on any student loan obtained through Title IV of the Higher Education Act of 1965
(e.g., Stafford or Perkins loans) are not eligible to receive PSOEA benefits unless the benefits are used to pay back the
defaulted loan. PSOB: Educational Assistance Benefits.
45 Ibid.
46 Ibid.
47 28 CFR §32.36.





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
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.
Claimants are allowed to appeal claims that are denied by the PSOB Office. A claimant has 33 48
days after being served with a notice of denial to request a determination by a hearing officer.
The claimant may file supporting evidence or legal arguments along with the request for a 49
hearing officer determination. 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, judgements, rulings, or other actions of the 50
PSOB Office—and makes a determination.
A claimant appealing the denial of a death or disability benefit can request that the hearing officer 51
hold a hearing. 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 52
the hearing officer may decide is necessary or useful. At the hearing, the hearing officer may
exclude evidence whose probative value is substantially outweighed by undue delay, waste of 53
time, or needless presentation of cumulative evidence. Witnesses (other than the claimant and
anyone who the claimant has shown to be essential to the presentation of the claim) are prevented 54
from hearing the testimony of other witnesses at the hearing.
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 55
considered the final agency determination of the claim. A claimant has 33 days after being

48 Ahearing 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.
49 28 CFR §32.42.
50 28 CFR §32.43.
51 28 CFR §32.45.
52 Ibid.
53 Ibid.
54 Ibid.
55 28 CFR §32.46.





notified by the hearing officer that the claim has been denied to file an appeal with the Director.56
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. 57
§1491(a). 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 58
constitutes the final agency determination of the claim.
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-FY2007. 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, it requested an additional
$55 million dollars in budget authority to cover an unintended increase in PSOB death benefits 59
claims. 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 Act and faster 60
processing of the backlog of Hometown Heroes Act claims.

56 28 CFR §32.52.
57 28 CFR §32.55.
58 Ibid.
59 Email correspondence on November 25, 2008, with U.S. Department of Justice, Office of Justice Programs, Office of
Communications.
60 Ibid.





Table 1. Appropriations and Obligations for PSOB Death, Disability, and Education
Benefits, by Fiscal Year,
FY2003-FY2008
(in thousands of $)
Appropriation Obligations
Fiscal Year Death Disability Education Death Disability Education
FY2003 $49,054 $3,974 $0 $53,367 $2,254 $931
FY2004 $49,054 $2,968 $0 $40,683 $2,007 $756
FY2005 $63,054 $3,567 $2,758 $48,663 $2,217 $852
FY2006 $64,000 $4,822 $4,012 $53,006 $3,776 $882
FY2007 $64,000 $4,822 $4,012 $42,432 $2,300 $1,044
FY2008 $141,000 $4,854 $3,980 $112,344 $2,952 $1,160
Source: U.S. Department of Justice, Office of Justice Program, Office of Communications.
Note: Appropriations reflect rescissions.
Nathan James
Analyst in Crime Policy
njames@crs.loc.gov, 7-0264