[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1208 Engrossed in Senate (ES)]
<DOC>
116th CONGRESS
1st Session
S. 1208
_______________________________________________________________________
AN ACT
To amend the Omnibus Crime Control and Safe Streets Act of 1968 with
respect to payments to certain public safety officers who have become
permanently and totally disabled as a result of personal injuries
sustained 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 ``Protecting America's First
Responders Act''.
SEC. 2. PAYMENT OF DEATH AND DISABILITY BENEFITS UNDER THE PUBLIC
SAFETY OFFICERS' DEATH BENEFITS PROGRAM.
Section 1201 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10281) is amended--
(1) in subsection (b), by striking the period at the end
and inserting the following: ``, unless the claim under this
subsection has been pending for more than 1 year, in which case
the amount payable shall be the amount that would be payable if
the catastrophic injury occurred on the date on which the
Bureau makes a final determination that the public safety
officer is entitled to a benefit payment under this
subsection.'';
(2) in subsection (c), by striking ``$3,000'' and inserting
``$6,000, adjusted in accordance with subsection (h),'';
(3) in subsection (h), by inserting ``and the level of the
interim benefit payable immediately before such October 1 under
subsection (c)'' after ``subsection (a)'';
(4) by striking subsection (i) and inserting the following:
``(i) The amount payable under subsection (a), with respect to the
death of a public safety officer, shall be the greater of--
``(1) the amount payable under that subsection as of the
date of death of the public safety officer; or
``(2) the amount that would be payable under that
subsection if the death of the public safety officer occurred
on the date on which the Bureau makes a final determination
that the public safety officer is entitled to a benefit payment
under that subsection.''; and
(5) in subsection (m), by inserting ``, (b),'' after
``subsection (a)''.
SEC. 3. DEFINITIONS FOR THE PURPOSES OF THE PUBLIC SAFETY OFFICERS'
DEATH BENEFITS PROGRAM.
Section 1204 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10284) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) `catastrophic injury' means an injury, the direct and
proximate consequences of which--
``(A) permanently prevent an individual from
performing any gainful work; or
``(B) cause an individual to become--
``(i) paraplegic;
``(ii) quadriplegic; or
``(iii) blind;'';
(2) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``at the time of the public safety officer's
fatal or catastrophic injury'' and inserting ``as of the date
of the public safety officer's death from a fatal injury or the
date of determination of the public safety officer's disability
from a catastrophic injury'';
(3) in paragraph (4), by inserting ``, including an
individual who, in the capacity of the individual as such a
member, engages in scene security or traffic management as the
primary or only duty of the individual during emergency
response'' before the semicolon;
(4) by redesignating paragraphs (5) through (9) as
paragraphs (6) through (10), respectively; and
(5) by inserting after paragraph (4) the following:
``(5) `gainful work'--
``(A) means any activity usually performed for pay
or profit, regardless of whether a profit is realized;
and
``(B) does not include work performed in a
situation in which, after an individual sustains an
injury--
``(i) the individual--
``(I) re-enters the workforce; and
``(II) leaves the workforce after
less than 90 days because of the
inability of the individual to overcome
the injury;
``(ii) because of the injury--
``(I) the individual is permitted,
in carrying out work, to--
``(aa) perform at a lower
standard of productivity or
efficiency than other similarly
situated employees;
``(bb) work irregular
hours; or
``(cc) take frequent rest
periods; or
``(II) the individual is only able
to work within a framework of specially
arranged circumstances, such as a
circumstance in which 1 or more other
individuals are required to assist the
individual in preparing for work or
traveling to and from work;
``(iii)(I) the individual practices a hobby
usually performed for pay or profit, regardless
of whether a profit is realized; and
``(II) the primary intent of the individual
in practicing the hobby described in subclause
(I)--
``(aa) is physical, mental, or
emotional rehabilitation of the
individual from the injury; and
``(bb) is not realization of
profit; or
``(iv) the individual is given the
opportunity to work--
``(I) despite the injury of the
individual; and
``(II) on the basis of--
``(aa) a family
relationship of the individual;
``(bb) a past association
of the individual with the
employer giving the individual
the opportunity to work; or
``(cc) any other altruistic
reason;''.
SEC. 4. RETROACTIVE APPLICABILITY.
(a) Definitions.--For the purposes of this section--
(1) the term ``covered beneficiary'' means an individual
who--
(A) is, or was, a child or spouse of a covered
individual described in paragraph (3)(B); and
(B) would have been eligible for educational
assistance under subpart 2 of part L of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10301 et seq.) if the amendments made by section
3 of this Act had been in effect on the date on which
the determination described in paragraph (3)(B)(i) of
this subsection was made;
(2) the term ``covered claimant'' means an individual who
is a claimant on the estate of a deceased covered individual--
(A) described in paragraph (3)(B); and
(B) who died on or before the date of enactment of
this Act;
(3) the term ``covered individual'' means--
(A) a beneficiary of a benefit under the Public
Safety Officers' Death Benefit Program that was paid--
(i) with respect to a death or disability
of a public safety officer sustained as the
direct or proximate result of a personal injury
sustained in the line of duty; and
(ii) during the covered period; or
(B) a public safety officer who--
(i) was determined during the covered
period to be ineligible for a benefit payment
under section 1201(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10281(b)); and
(ii) would have been eligible for a benefit
payment under subpart L of that title due to
the disability of the public safety officer if
the amendments made by section 3 had been in
effect on the date on which the determination
described in clause (i) was made;
(4) the term ``covered period'' means the period--
(A) beginning on the date of enactment of title
XIII of the Crime Control Act of 1990 (Public Law 101-
647; 104 Stat. 4834); and
(B) ending on the day before the date of enactment
of the Protecting America's First Responders Act;
(5) the term ``public safety officer'' has the meaning
given the term in section 1204 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10284); and
(6) the term ``Public Safety Officers' Death Benefit
Program'' means the program established under part L of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10281 et seq.).
(b) Applicability.--The amendments made by sections 2 and 3 shall
apply to a death or disability of a public safety officer sustained as
the direct or proximate result of a personal injury sustained in the
line of duty--
(1) subject to subsection (c), during the covered period;
or
(2) on or after the date of enactment of this Act.
(c) Payment.--
(1) In general.--Subject to paragraph (2), upon application
of a covered individual, covered beneficiary, or covered
claimant, the Bureau of Justice Assistance shall make a lump
sum payment to the covered individual, covered beneficiary, or
covered claimant in the amount equal to the difference, if any,
between--
(A) in the case of a covered individual--
(i) the amount of the total benefit payment
the covered individual would have received
under the Public Safety Officers' Death Benefit
Program as of the date of the lump sum payment,
if the amendments made by sections 2 and 3 had
been in effect on the date on which the covered
individual--
(I) received the final benefit
payment under the Public Safety
Officers' Death Benefit Program; or
(II) was determined to be
ineligible for a benefit payment under
section 1201(b) of title I of the
Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10281(b)); and
(ii) the amount of the total benefit
payment the covered individual received under
the Public Safety Officers' Death Benefit
Program before the date of enactment of this
Act;
(B) in the case of a covered beneficiary, the
amount of the total benefit payment the covered
beneficiary would have received under subpart 2 of part
L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10301 et seq.) if the
amendments made by section 3 of this Act had been in
effect on the date on which the determination described
in subsection (a)(3)(B)(i) of this section was made;
and
(C) in the case of a covered claimant, the amount
of the total benefit payment the covered individual on
whose estate the covered claimant is a claimant would
have received under the Public Safety Officers' Death
Benefit Program as of the date of the lump sum payment,
if the amendments made by sections 2 and 3 had been in
effect on the date on which the determination described
in subsection (a)(3)(B)(i) of this section was made.
(2) Application.--A covered individual, covered
beneficiary, or covered claimant desiring a lump sum payment
under paragraph (1) shall apply to the Bureau of Justice
Assistance for such lump sum payment not later than 3 years
after the date of enactment of this Act.
SEC. 5. DUE DILIGENCE IN PAYING BENEFIT CLAIMS UNDER THE PUBLIC SAFETY
OFFICERS' DEATH BENEFITS PROGRAM.
Section 1206(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10288(b)) is amended by striking ``the
Bureau may not'' and all that follows and inserting the following:
``the Bureau--
``(1) shall use all available investigative tools,
including subpoenas, to--
``(A) expedite the processing of the benefit claim;
and
``(B) obtain necessary information or documentation
from third parties, including public agencies; and
``(2) may not abandon the benefit claim unless the Bureau
has used the investigative tools available to the Bureau to
obtain the necessary information or documentation, including
subpoenas.''.
SEC. 6. EDUCATIONAL ASSISTANCE TO DEPENDENTS OF PUBLIC SAFETY OFFICERS
KILLED OR DISABLED IN THE LINE OF DUTY.
Section 1216(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10306(b)) is amended, in the first
sentence, by striking ``may'' and inserting ``shall''.
SEC. 7. COLLECTION OF DATA ON KILLED OR DISABLED LAW ENFORCEMENT
OFFICERS.
Section 534(a) of title 28, United States Code, is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) operate a central clearinghouse for statistics on law
enforcement officers under the Uniform Crime Reporting Program,
including data on law enforcement officers who, while
performing their duties, were--
``(A) feloniously killed;
``(B) accidentally killed;
``(C) feloniously assaulted; or
``(D) severely and permanently disabled.''.
SEC. 8. GAO REPORT ON MEDICAL COSTS.
(a) Definition.--In this section, the term ``disabled officer''
means a public safety officer to whom a benefit is payable under
subpart 1 of part L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10281 et seq.) based on the permanent
and total disability of the officer, as described in section 1201(b) of
that subpart (34 U.S.C. 10281(b)).
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report that estimates the
average medical costs incurred by a disabled officer over the lifetime
of the officer after sustaining the injury that caused the disability.
Passed the Senate May 16, 2019.
Attest:
Secretary.
116th CONGRESS
1st Session
S. 1208
_______________________________________________________________________
AN ACT
To amend the Omnibus Crime Control and Safe Streets Act of 1968 with
respect to payments to certain public safety officers who have become
permanently and totally disabled as a result of personal injuries
sustained in the line of duty, and for other purposes.