I 111th CONGRESS 1st Session H. R. 4338 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.

1.

Short title

This Act may be cited as the First Responders Support Act of 2009.

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.

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.

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. .

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.

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.