[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 465 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 465

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to make 
  reforms to the benefits for Public Service Officers, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2019

Ms. Duckworth (for herself, Mr. Durbin, Ms. Klobuchar, Mr. Booker, Mr. 
 Peters, and Mr. Blumenthal) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to make 
  reforms to the benefits for Public Service Officers, 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 ``Heroes Lesley Zerebny and Gilbert 
Vega First Responders Survivors Support Act of 2019''.

SEC. 2. AMOUNT OF BENEFIT INCREASED.

    Section 1201(a) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10281(a)) is amended in the matter 
preceding paragraph (1) by striking ``$250,000'' and inserting 
``$500,000''.

SEC. 3. DATE OF DETERMINATION OF AMOUNT OF BENEFIT.

    (a) Disability Benefit.--Section 1201(b) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(b)) is 
amended by striking ``with respect to the date on which the 
catastrophic injury occurred'' and inserting ``with respect to the date 
that a determination is made to make such payment''.
    (b) Death Benefit.--Section 1201(i) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10281(i)) is amended by 
striking ``as of the date of death of such officer'' and inserting ``as 
of the date that a determination is made to make such payment 
subsequent to an application''.

SEC. 4. AMOUNT OF EDUCATIONAL ASSISTANCE.

    Section 1212(a)(2) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10302(a)(2)) is amended by striking 
``shall be computed on the basis set forth in section 3532 of title 38, 
United States Code'' and inserting ``shall be computed on the basis set 
forth in section 1219''.

SEC. 5. COMPUTATION OF EDUCATIONAL ASSISTANCE ALLOWANCE.

    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.) is amended by adding 
at the end the following:

``SEC. 1219. COMPUTATION OF EDUCATIONAL ASSISTANCE ALLOWANCE.

    ``(a) In General.--
            ``(1) Monthly rates.--The financial assistance to be paid 
        on behalf of an eligible person who is pursuing a program of 
        education consisting of institutional courses shall be computed 
        at the rate of--
                    ``(A) $2,000 per month for full-time pursuit;
                    ``(B) $1,600 per month for three-quarter-time 
                pursuit; or
                    ``(C) $1,160 per month for half-time pursuit.
            ``(2) Less than half-time basis.--The financial assistance 
        to be paid on behalf of an eligible person pursuing a program 
        of education on less than a half-time basis shall be computed 
        at the rate of the lesser of--
                    ``(A) the established charges for tuition and fees 
                that the eligible educational institution involved 
                requires to be paid by similarly circumstanced 
                noneligible persons enrolled in the same program; or
                    ``(B) $2,000 per month for a full-time course.
    ``(b) Training.--The financial assistance to be paid on behalf of 
an eligible person who is pursuing a full-time program of education 
which consists of institutional courses and alternate phases of 
training in a business or industrial establishment under which the 
training in the business or industrial establishment is strictly 
supplemental to the institutional portion, shall be computed at the 
rate of $2,000 per month.
    ``(c) Farm Cooperative.--
            ``(1) Definition.--In this subsection, the term `enrolled 
        in a farm cooperative program', relating to an eligible person, 
        means that the eligible person--
                    ``(A) is enrolled in an eligible educational 
                institution for a farm cooperative program consisting 
                of institutional agricultural courses prescheduled to 
                fall within 44 weeks of any period of 12 consecutive 
                months;
                    ``(B) pursues such program on--
                            ``(i) a full-time basis (consisting of a 
                        minimum of 10 clock hours per week or 440 clock 
                        hours per year prescheduled to provide not less 
                        than 80 clock hours in any 3-month period);
                            ``(ii) a three-quarter-time basis 
                        (consisting of a minimum of 7 clock hours per 
                        week); or
                            ``(iii) a half-time basis (consisting of a 
                        minimum of 5 clock hours per week); and
                    ``(C) is concurrently engaged in agricultural 
                employment which is relevant to such institutional 
                agricultural courses, as determined under standards 
                prescribed by the Attorney General.
            ``(2) Computation.--The financial assistance to be paid on 
        behalf of an eligible person who is enrolled in a farm 
        cooperative program shall be computed at the rate of--
                    ``(A) $636 per month for full-time pursuit;
                    ``(B) $477 per month for three-quarter-time 
                pursuit; or
                    ``(C) $319 per month for half-time pursuit.
            ``(3) Calculation of hours.--In calculating the number of 
        clock hours for purposes of paragraph (1), the Attorney General 
        shall include the time involved in field trips and individual 
        and group instruction sponsored and conducted by the eligible 
        educational institution through a duly authorized instructor of 
        such institution in which the eligible person is enrolled.
    ``(d) Programs in Republic of Philippines.--The financial 
assistance to be paid on behalf of an eligible person who is enrolled 
in a program of education at an eligible educational institution 
located in the Republic of the Philippines, shall be computed at the 
rate of $0.50 for each $1.00 otherwise payable under this subpart.
    ``(e) Licensing or Certification.--
            ``(1) Definition.--In this subsection, the term `licensing 
        or certification test' means a licensing or certification test 
        described in section 3501(a)(5) of title 38, United States 
        Code.
            ``(2) Computation.--Subject to paragraph (4), the amount of 
        financial assistance payable under this subpart for a licensing 
        or certification test is the lesser of $2,000 or the fee 
        charged for the licensing or certification test.
            ``(3) Number of months.--The number of months of 
        entitlement charged in the case of an eligible person for a 
        licensing or certification test is equal to the quotient 
        (including any fraction) obtained by dividing--
                    ``(A) the total amount paid to the eligible person 
                for the licensing or certification test; by
                    ``(B) the full-time monthly institutional rate of 
                the financial assistance which, but for paragraph (2), 
                the eligible person would otherwise be paid under this 
                subpart.
            ``(4) Limitation.--In no event shall payment of financial 
        assistance under this subsection for a licensing or 
        certification test exceed the amount of the amount to which an 
        eligible individual is entitled under this subpart.
    ``(f) National Tests for Admission or Opportunity.--
            ``(1) Definition.--In this subsection, the term `national 
        test' means a national test for admission or national test 
        providing an opportunity for course credit at institutions of 
        higher learning described in section 3501(a)(5) of title 38, 
        United States Code.
            ``(2) National tests.--Subject to paragraph (4), the amount 
        of financial assistance payable under this subpart for a 
        national test is the amount of the fee charged for the national 
        test.
            ``(3) Number of months.--The number of months of 
        entitlement charged in the case of an eligible person for a 
        national test is equal to the quotient (including any fraction) 
        obtained by dividing--
                    ``(A) the total amount of financial assistance paid 
                to the eligible person for the national test; by
                    ``(B) the full-time monthly institutional rate of 
                financial assistance which, but for paragraph (2), the 
                eligible person would otherwise be paid under this 
                subpart.
            ``(4) Limitation.--In no event shall payment of financial 
        assistance under this subsection for a national test exceed the 
        amount of the amount to which an eligible individual is 
        entitled under this subpart.
    ``(g) Adjustment for Inflation.--Amounts under this section shall 
be indexed annually to the college tuition and fees component of the 
Consumer Price Index for All Urban Consumers.''.

SEC. 6. GAO STUDY.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
a report examining and identifying ways to improve access to and the 
processing of claims under the Public Safety Officers' Benefit program 
under part L of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10281 et seq.) to--
            (1) the Committee on the Judiciary and the Committee on 
        Health, Education, Labor, and Pensions of the Senate; and
            (2) the Committee on the Judiciary and the Committee on 
        Education and Labor of the House of Representatives.
    (b) Contents.--The report submitted under subsection (a) shall 
examine--
            (1) factors that may hinder access to the education 
        assistance benefit 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.), such as lack of awareness, delays in the 
        application process, or the timely processing of deaths and 
        disability claims; and
            (2) the extent to which eligibility for benefits and 
        assistance under the Public Safety Officers' Benefit program 
        under part L of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (34 U.S.C. 10281 et seq.) is communicated 
        to officers upon employment and to eligible family members 
        following the loss of a public safety officer.
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