Title: Continuation on Active Service Act
Policy area: Government Operations and Politics

Summary:
Continuation on Active Service Act
This bill authorizes an agency to waive medical standards or physical requirements applicable to a position occupied by a federal law enforcement officer if the officer suffers an injury: (1) that results in the officer's inability to meet the medical standards or physical requirements otherwise required for the position; and (2) that is not due to misconduct or willful negligence, or incurred during an unauthorized absence.
A law enforcement officer who receives a waiver is eligible for the retirement benefits that applied had the officer not suffered an injury.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4804 Introduced in House (IH)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Continuation on Active Service 
Act''.

SEC. 2. CONTINUED SERVICE OF INJURED FEDERAL LAW ENFORCEMENT OFFICERS.

    (a) In General.--Chapter 33 of title 5, United States Code, is 
amended by adding at the end the following:
``Sec. 3330f. Law enforcement officers; continued service after injury
    ``(a) An agency may waive any medical standards or physical 
requirements applicable to a position occupied by a law enforcement 
officer if the officer suffers a qualifying injury.
    ``(b) In carrying out subsection (a), the employing agency--
            ``(1) may utilize a medical review board as established 
        under the authority granted by this title;
            ``(2) may assign the officer duties that take the 
        qualifying injury into account;
            ``(3) may not reduce the general schedule pay scale of the 
        injured law enforcement officer who returns to work full-time 
        after the incidence of injury even if the duties are adjusted; 
        and
            ``(4) shall take into account the health and safety of the 
        officer and others.
    ``(c) Not later than 60 days after the date of enactment of this 
section, the Office of Personnel Management shall promulgate 
regulations to carry out this section. Such regulations shall provide 
consistent application of this section, to the greatest extent 
practicable, in each employing agency.
    ``(d) A law enforcement officer who receives a waiver under this 
section shall be subject to the retirement benefits provisions under 
chapter 83 or 84 that would otherwise apply to the officer had the 
officer not suffered a qualifying injury.
    ``(e) In this section--
            ``(1) the term `law enforcement officer' has the meaning 
        given such term in sections 8331(20) and 8401(17), and includes 
        any member of the Capitol Police, the Supreme Court Police, or 
        the United States Secret Service Uniformed Division; and
            ``(2) the term `qualifying injury' means an injury--
                    ``(A) that results in the officer being unable to 
                meet the medical standards or physical requirements 
                otherwise required to occupy the applicable law 
                enforcement position; and
                    ``(B) is not due to misconduct, willful negligence, 
                or incurred during an unauthorized absence.''.
    (b) Clerical Amendment.--The table of sections of such chapter is 
amended by adding after the item relating to section 3330e the 
following new item:

``3330f. Law enforcement officers; continued service after injury.''.
    (c) Retroactive Application Permissible.--
            (1) In general.--The authority provided by section 3330f of 
        title 5, United States Code, as added by subsection (a), may be 
        applied to any law enforcement officer who, before the date of 
        enactment of this Act, suffered a qualifying injury (as that 
        term is defined in such section).
            (2) Report to congress.--An agency head shall submit a 
        report to Congress with respect to each instance that the 
        authority provided in paragraph (1) is exercised.
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