[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5123 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5123

   To ensure that the United States provides for the families of law 
enforcement officers, firefighters, and other emergency responders who 
                       fall in the line of duty.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2016

Mr. Pascrell (for himself, Mr. Reichert, Mr. Courtney, and Mr. Meehan) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To ensure that the United States provides for the families of law 
enforcement officers, firefighters, and other emergency responders who 
                       fall in the line of duty.

    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 ``Honoring Emergency Response Officers 
Benefits Reform Act of 2016'' or the ``HERO Benefits Reform Act of 
2016''.

SEC. 2. PRESUMPTION THAT OFFICER ACTED PROPERLY.

    Section 1202 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796a) is amended--
            (1) by striking ``No benefit'' and inserting the following:
    ``(a) In General.--No benefit''; and
            (2) by adding at the end the following:
    ``(b) Presumption.--In determining whether a benefit is payable 
under this part, the Bureau shall--
            ``(1) presume that none of the limitations under subsection 
        (a) apply; and
            ``(2) have the burden of establishing by clear and 
        convincing evidence that a limitation under subsection (a) 
        applies.''.

SEC. 3. BACKLOG OF CLAIMS.

    Subpart 1 of part L of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796a) is amended by adding at the 
end the following:

``SEC. 1206. APPEALS.

    ``(a) Standard of Review.--Notwithstanding section 706 of title 5, 
United States Code, or any other provision of law, in any appeal of a 
determination of the Bureau to deny a claim under this part, including 
an appeal to a hearing officer of the Bureau, to the Director, or to a 
court of the United States, the reviewing official or court shall 
review the determination de novo.
    ``(b) Exception to Administrative Exhaustion Requirement.--
            ``(1) In general.--Notwithstanding section 704 of title 5, 
        United States Code, or any other provision of law, an 
        individual who files a claim for benefits under this part with 
        the Bureau may file a subsequent claim with the United States 
        Court of Federal Claims seeking an award of benefits under this 
        part despite an absence of final agency action with respect to 
        the original claim filed with the Bureau if--
                    ``(A) the Bureau does not make a determination with 
                respect to the original claim within 1 year of the date 
                on which the claim was filed with the Bureau;
                    ``(B)(i) the Bureau denies the original claim 
                within 1 year of the date on which the claim was filed 
                with the Bureau;
                    ``(ii) the individual appeals the denial under 
                clause (i) to a hearing officer; and
                    ``(iii) the hearing officer does not make a 
                determination with respect to the original claim within 
                180 days of the date on which the appeal was filed 
                under clause (ii); or
                    ``(C)(i) the Bureau denies the original claim 
                within 1 year of the date on which the claim was filed 
                with the Bureau;
                    ``(ii) the individual appeals the denial under 
                clause (i) to a hearing officer;
                    ``(iii) the hearing officer denies the original 
                claim within 180 days of the date on which the appeal 
                was filed under clause (ii);
                    ``(iv) the individual appeals the denial under 
                clause (iii) to the Director; and
                    ``(v) the Director does not make a determination 
                with respect to the original claim within 180 days of 
                the date on which the appeal was filed under clause 
                (iv).
            ``(2) Standard of review.--The United States Court of 
        Federal Claims shall review a claim filed under paragraph (1) 
        without regard to any determination made by the Bureau, 
        including a hearing officer of the Bureau, with respect to the 
        original claim filed with the Bureau.
            ``(3) Determination of whether original claim is 
        complete.--For purposes of determining whether an individual is 
        eligible to file a claim under paragraph (1), the United States 
        Court of Federal Claims shall determine the date on which the 
        original claim was filed with the Bureau without regard to 
        whether the Bureau has deemed the application that forms the 
        basis of the original claim to be incomplete and thus not 
        constitute an official claim.''.

SEC. 4. TRANSPARENCY.

    Subpart 1 of part L of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796a), as amended by section 3, is 
amended by adding at the end the following:

``SEC. 1207. ANNUAL REPORT.

    ``Not later than 60 days after the last day of each fiscal year, 
the Bureau shall submit to Congress and publish publically on the 
website of the Bureau a report that includes--
            ``(1) the number of claims filed under this part during the 
        fiscal year, broken down by--
                    ``(A) the type of benefit sought, meaning death, 
                disability, educational benefit, and any combination 
                thereof; and
                    ``(B) the type of public safety officer to which 
                each claim pertains;
            ``(2) the number of claims filed that were granted during 
        the fiscal year;
            ``(3) the number of claims filed that were denied during 
        the fiscal year, broken down by the reason for denial; and
            ``(4) the number of claims filed as of the last day of the 
        fiscal year, broken down by--
                    ``(A) the date on which each claim was filed; and
                    ``(B) the reason why the Bureau has been unable to 
                render a decision.
        The Attorney General shall make such report publically 
        available over the Internet.''.

SEC. 5. EXTENDING PUBLIC SAFETY OFFICER DEATH BENEFITS TO FIRE POLICE 
              AND FIRE INVESTIGATORS.

    (a) In General.--Section 1204 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended--
            (1) by redesignating paragraphs (5) through (9) as 
        paragraphs (7) through (11), respectively;
            (2) in paragraph (11)(A), as so redesignated, by inserting 
        ``as a fire police officer, fire investigator'' after 
        ``firefighter,''; and
            (3) by inserting after paragraph (4) the following:
            ``(5) `fire police officer' includes an individual who--
                    ``(A) is serving in accordance with State or local 
                law as an officially recognized or designated member of 
                a legally organized public safety agency;
                    ``(B) is not a law enforcement officer, a 
                firefighter, a chaplain, or a member of a rescue squad 
                or ambulance crew described in paragraph (10)(A); and
                    ``(C) is officially authorized to provide scene 
                security or direct traffic--
                            ``(i) in response to any fire drill, fire 
                        call, or other fire, rescue, or police 
                        emergency; or
                            ``(ii) at a planned special event;
            ``(6) `fire investigator' includes any individual who--
                    ``(A) is serving in accordance with State or local 
                law as an officially recognized or designated member of 
                a legally organized public safety agency; and
                    ``(B) is officially authorized to conduct, 
                coordinate and complete fire and explosion 
                investigations;''.
    (b) Technical and Conforming Amendment.--Section 611(a) of the 
Uniting and Strengthening America by Providing Appropriate Tools 
Required to Intercept and Obstruct Terrorism Act of 2001 (42 U.S.C. 
3796c-1(a)) is amended--
            (1) by striking ``section 1204(7)(B)'' and inserting 
        ``section 1204(8)(B)''; and
            (2) by striking ``(42 U.S.C. 3796b(7)(B))'' and inserting 
        ``(42 U.S.C. 3796b(8)(B))''.
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