华盛顿特区 - 7月26日，美国司法部（DOJ）提出的法规旨在实施2003年的《家乡英雄幸存者福利法》（P.L. 108-182，通常被称为““家乡英雄法””），扩大了公共安全Officers’ Benefits (PSOB) Act to include deaths as a result of heart attack or stroke within 24 hours of responding to a line-of-duty incident. DOJ also is proposing other changes that would affect firefighters, such as creating separate regulatory definitions of “firefighter” and “rescue squad or ambulance crew member,” each of which will remain eligible for benefits, and including individuals performing duties for the Federal Emergency Management Agency (FEMA) and similar agencies at the state, local and tribal levels.
The docket for these proposed regulations will be open for comment for 60 days. At that time, DOJ will review the comments and draft final implementing regulations.
Background
Enacted in 1976, the PSOB Act was meant to assist in the recruitment and retention of firefighters and law enforcement officers. Congress was concerned that the dangers inherent in firefighting and law enforcement and the low level of state and local death benefits might discourage qualified individuals from seeking careers in public safety. The PSOB Program provides death benefits in the form of a one-time financial payment to the eligible survivors of public safety officers whose deaths are the direct and proximate result of a traumatic injury sustained in the line of duty. The amount of payment is adjusted for inflation each October 1. The current amount is $275,658.
In response to the death of a North Carolina firefighter, Congressman Bob Etheridge (D-NC) introduced the Hometown Heroes Act. With the help of several major fire service organizations, that legislation passed in 2003. Since then, the organizations have lobbied DOJ to issue implementing regulations as soon as possible.
拟议的更改
The proposed regulation incorporates changes not only from the Hometown Heroes Act, but from the Disaster Mitigation Act of 2000 (P.L. 106-390), the USA PATRIOT Act (P.L. 107-56), and the Mychal Judge Police and Fire Chaplains Public Safety Officers’ Benefit Act of 2002 (P.L. 107-196, commonly known as the “Mychal Judge Act”). Here are some important proposed changes.
Under the Hometown Heroes Act, the proposed regulations would extend benefits to public safety officers who die as a result of heart attack or stroke within 24 hours of engaging in “nonroutine stressful or strenuous physical [line of duty] activity.” (Please note that this change would not apply to public safety officers who are disabled under such circumstances. In those cases, the ordinary PSOB rules would apply, meaning that the officer would have to have suffered the injury while actually engaging in “nonroutine stressful or strenuous physical [line of duty] activity” at the time of the injury, rather than within 24 hours of engaging in such activity.)
根据《灾难缓解法》，拟议的法规将将《 PSOB法》扩展到包括担任FEMA或州，地方或部落紧急管理机构或民防机构的官方职责的工人，或与FEMA合作执行正式职责。这种官方职责必须与重大灾难或紧急情况有关，并且本质上必须是危险的。
Under the USA PATRIOT Act, the proposed regulations would extend benefits under specific circumstances related to a “terrorist attack,” as specifically defined in the regulations.
根据《 Mychal法官法》，拟议的法规将向正在为公共机构服务的牧师将福利扩大，以官方身份，或没有赔偿，在死亡或灾难性伤害时。
拟议的法规还将改变一些定义，包括：
- What qualifies as a “line of duty injury”;
- What “serving a public agency in an official capacity” means;
- Separating the current definition of “firefighter” into two separate regulatory definitions, one for “firefighter” and one for “rescue squad or ambulance crew member” (each of which will still qualify for benefits);
- 什么有资格成为“伤害”，包括关于“心理压力”的澄清；
- Providing independent definitions for “permanently disabled” and “totally disabled,” noting that an officer may only meet the criteria for one or the other but not both;
- Limiting benefits for those who engaged in misconduct;
- Providing a 33-day time limit for filing claims as well as a procedure to appeal a denied claim.
如何评论
为了考虑评论，司法部必须在下午5:00之前收到它们。美国东部时间于2005年9月26日。感兴趣的各方可以在线或美国邮件，传真或电子邮件发表评论。要在线评论，请访问http://www.regulations.gov并使用该法规规定的表格，包括主题框中的“ OJP案卷1333”。要通过邮件发表评论，请向司法部司法部司法部司法司法司法司法司法司法司法司法司法司法计划的评论发表评论董事，（202）305-1367。要通过电子邮件发表评论，请将评论发送给psobregs@usdoj.gov.
For more information on PSOB, including directions on how to apply for benefits, please visit the DOJ Bureau of Justice Assistance Web site athttp://www.ojp.usdoj.gov/BJA/grant/psob/psob_main.htmlor call the PSOB Program toll-free at (888) 744-6513.
