I 

115TH CONGRESS 

2D SESSION H. R. 4804 

To amend title 5, United States Code, to allow injured Federal law enforcement officers to continue to serve their agencies, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 16, 2018 

Mr. LANGEVIN (for himself, Mr. RUSSELL, Mr. KING of New York, and Mr. 

CAPUANO) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the 

Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 5, United States Code, to allow injured Federal law enforcement officers to continue to serve their 

agencies, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Continuation on Active 

5 Service Act’’. 


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1 SEC. 2. CONTINUED SERVICE OF INJURED FEDERAL LAW 

2 ENFORCEMENT OFFICERS. 

3 (a) IN GENERAL.—Chapter 33 of title 5, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 3330f. Law enforcement officers; continued service 

7 after injury 

8 ‘‘(a) An agency may waive any medical standards or 

9 physical requirements applicable to a position occupied by 

10 a law enforcement officer if the officer suffers a qualifying 

11 injury. 

12 ‘‘(b) In carrying out subsection (a), the employing 

13 agency— 

14 ‘‘(1) may utilize a medical review board as es15 tablished under the authority granted by this title; 

16 ‘‘(2) may assign the officer duties that take the 

17 qualifying injury into account; 

18 ‘‘(3) may not reduce the general schedule pay 

19 scale of the injured law enforcement officer who re20 turns to work full-time after the incidence of injury 

21 even if the duties are adjusted; and 

22 ‘‘(4) shall take into account the health and 

23 safety of the officer and others. 

24 ‘‘(c) Not later than 60 days after the date of enact25 ment of this section, the Office of Personnel Management 

26 shall promulgate regulations to carry out this section. 


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1 Such regulations shall provide consistent application of 

2 this section, to the greatest extent practicable, in each em3 ploying agency. 

4 ‘‘(d) A law enforcement officer who receives a waiver 

5 under this section shall be subject to the retirement bene6 fits provisions under chapter 83 or 84 that would other7 wise apply to the officer had the officer not suffered a 

8 qualifying injury. 

9 ‘‘(e) In this section— 

10 ‘‘(1) the term ‘law enforcement officer’ has the 

11 meaning given such term in sections 8331(20) and 

12 8401(17), and includes any member of the Capitol 

13 Police, the Supreme Court Police, or the United 

14 States Secret Service Uniformed Division; and 

15 ‘‘(2) the term ‘qualifying injury’ means an in16 jury— 

17 ‘‘(A) that results in the officer being un18 able to meet the medical standards or physical 

19 requirements otherwise required to occupy the 

20 applicable law enforcement position; and 

21 ‘‘(B) is not due to misconduct, willful neg22 ligence, or incurred during an unauthorized ab23 sence.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 of such chapter is amended by adding after the item relat3 ing to section 3330e the following new item: 

‘‘3330f. Law enforcement officers; continued service after injury.’’. 

4 (c) RETROACTIVE APPLICATION PERMISSIBLE.— 

5 (1) IN GENERAL.—The authority provided by 

6 section 3330f of title 5, United States Code, as 

7 added by subsection (a), may be applied to any law 

8 enforcement officer who, before the date of enact9 ment of this Act, suffered a qualifying injury (as 

10 that term is defined in such section). 

11 (2) REPORT TO CONGRESS.—An agency head 

12 shall submit a report to Congress with respect to 

13 each instance that the authority provided in para14 graph (1) is exercised. 

Æ 


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