H.R. 6943 — what changed

changed “(o) Post-traumatic stress disorder and disorder, acute stress disorderdisorder, or trauma and stress related disorders

“(1) Definitions—In this section:

“(A) Mass casualty event—The term mass casualty event means an incident resulting in casualties to not fewer than 3 victims, including—

“(i) an incident that exceeds the normal resources for emergency response available in the jurisdiction where the incident takes place; and

changed “(ii) an incident that results in a sudden temporal and timely surge of injured individuals necessitating emergency services.

“(B) Mass fatality event—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.

“(C) Mass shooting—The term mass shooting means a multiple homicide incident in which not fewer than 3 victims are killed—

“(i) with a firearm;

changed “(ii) within 1 during one event; and

changed “(iii) in 1 one or more locations in close proximity.

“(D) Exposed—The term exposed includes—

“(i) directly experiencing or witnessing an event; or

“(ii) being subjected, in an intense way, to aversive consequences of the event (including a public safety officer collecting human remains).

changed “(E) Traumatic event—The term traumatic eventmeans, event means, in the case of a public safety officer exposed to an event, an event that is—

“(i) 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);

“(ii) 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

“(iii) an act of criminal sexual violence committed against any individual.

“(2) Personal injury sustained in line of duty—As determined by the Bureau—

“(A) 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), 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;

“(B) 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), 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

“(C) 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), sustained in the line of duty by the officer if such exposure was a substantial factor in the disorder.

“(3) Presumption of death or total disability—A public safety officer shall be presumed to have died or become permanently and totally disabled (within the meaning of subsection (a) or (b)) as the direct and proximate result of a personal injury sustained in the line of duty, if (as determined by the Bureau) the officer either—

changed “(A) 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 exposure, while on duty, to one or more traumatic events was a substantial factor in the action taken by the officer; or

changed “(B) took an action within 45 days of the end of exposure 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.

“(4) Applicability of limitations on benefits

“(A) Intentional actions—Section 1202(a)(1) shall not apply to any claim for a benefit under this part that is payable in accordance with this subsection.

“(B) Substance use—Section 1202(a)(2) shall not preclude the payment of a benefit under this part if the benefit is otherwise payable in accordance with this subsection.”