[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4338 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4338

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
provide adequate benefits for public safety officers injured or killed 
              in the line of duty, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2009

 Mr. Melancon introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
provide adequate benefits for public safety officers injured or killed 
              in the line of duty, 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 ``First Responders Support Act of 
2009''.

SEC. 2. EXPANDING DISABILITY BENEFITS.

    (a) In General.--Section 1201 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796) is amended--
            (1) in subsection (a), by striking ``$250,000'' and 
        inserting ``$350,000''; and
            (2) in subsection (h), by striking ``the effective date of 
        this subsection'' and inserting ``the date of enactment of the 
        First Responders Support Act of 2009''.
    (b) Expediting Benefits.--Section 1201 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by adding at 
the end the following:
    ``(n) Not later than 12 months after the date on which a claimant 
submits all information required for a claim under this subpart, the 
Bureau shall determine whether the claimant is eligible to receive a 
benefit under this subpart.''.
    (c) Regulations.--Not later than 9 months after the date of 
enactment of this Act, the Attorney General shall promulgate 
regulations to carry out the amendments made by this section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General, in addition to any other amounts 
otherwise authorized to be appropriated--
            (1) $2,000,000 for each of fiscal years 2011 through 2015 
        to hire employees for the Bureau of Justice Assistance and 
        obtain the technology and equipment necessary to educate and 
        assist eligible agencies with the filing and application of 
        claims for the Public Safety Officer Benefits Programs and to 
        provide supplemental materials for continuing education of 
        claims information and procedure; and
            (2) $800,000 for each of fiscal years 2011 through 2015 for 
        the education and assistance to public safety officers and 
        first responders in jurisdictions located in rural areas and 
        urban areas with a population of less than 25,000.

SEC. 3. EDUCATIONAL BENEFITS.

    Section 1212(a) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796d-1(a)) is amended--
            (1) by striking paragraph (2) and inserting the following:
    ``(2)(A) Except as provided in paragraph (3), and subject to 
subparagraph (C) of this paragraph, financial assistance under this 
subpart shall--
            ``(i) consist of direct payments to an eligible dependent; 
        and
            ``(ii) be paid at the monthly rate of not more than $1,500.
    ``(B) The Director shall promulgate regulations to establish the 
amount of financial assistance under subparagraph (A) for an eligible 
dependent, which shall be based on the portion of the normal full-time 
academic workload for the course of study, as determined by the 
eligible educational institution, that the eligible dependent is 
pursuing.
    ``(C) On October 1 of each fiscal year beginning after the date of 
enactment of the First Responders Support Act of 2009, the Director 
shall adjust the level of the benefit payable during that fiscal year 
under subparagraph (A)(ii), to reflect the annual percentage change in 
the Consumer Price Index for All Urban Consumers, published by the 
Bureau of Labor Statistics, occurring in the 1-year period ending on 
June 1 immediately preceding such October 1.''; and
            (2) in paragraph (3)(A), by striking ``to which the 
        eligible dependent would otherwise be entitled to receive'' and 
        inserting ``that the eligible dependent receives''.

SEC. 4. PRIORITIZATION OF CLAIMS.

    Section 1205 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796c) is amended by adding at the end the following:
    ``(d)(1) The Bureau shall adopt and apply a system of 
prioritization of claims for benefits under this part based on the 
severity of the claim and the likelihood of approval of the claim.
    ``(2) For purposes of this subsection, a claim for a death benefit 
or 100 percent disability shall be considered more severe and given 
priority.''.

SEC. 5. EXPANDING COUNSELING AND MENTAL HEALTH SERVICES.

    (a) Definitions.--In this section--
            (1) the term ``Director'' means the Director of the Bureau 
        of Justice Assistance;
            (2) the term ``eligible organization'' means an 
        organization that provides free or reduced cost mental health 
        services or counseling to public safety officers seriously 
        injured in the line of duty and the family members of public 
        safety officers killed or seriously injured in the line of 
        duty;
            (3) the term ``public safety officer'' has the meaning 
        given that term in section 1204 of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796b); and
            (4) the term ``reduced cost'', relating to mental health 
        services or counseling, means that the organization providing 
        the services or counseling charges not more than 50 percent of 
        the amount that the organization would otherwise charge for the 
        services or counseling.
    (b) Authorization To Make Grants.--The Director may make grants to 
eligible organizations to provide mental health services or counseling 
to public safety officers seriously injured in the line of duty and the 
family members of public safety officers killed or seriously injured in 
the line of duty.
    (c) Application.--An eligible organization desiring a grant under 
this section shall submit an application at such time, in such manner, 
and accompanied by such information as the Director may establish.

SEC. 6. OVERSIGHT OF THE PSOB PROGRAM.

    The Director of the Bureau of Justice Assistance shall--
            (1) not later than 12 months after the date of enactment of 
        this Act, structure, design, and implement a performance 
        measure for the Public Safety Officers Benefits program to 
        monitor the claims process and payment of benefits to officers 
        and beneficiaries; and
            (2) report to Congress annually on the performance of the 
        program, and its activities, including technological updates, 
        the status of payments and claims, and the results of any 
        education and outreach activities performed in accordance to 
        this Act.
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