[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1511 Enrolled Bill (ENR)]
S.1511
One Hundred Seventeenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Sunday,
the third day of January, two thousand and twenty one
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 of 2021''.
SEC. 2. PAYMENT OF DEATH AND DISABILITY BENEFITS UNDER 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 (a), in the matter preceding paragraph (1)--
(A) by striking ``the Bureau shall pay''; and
(B) by inserting ``, and calculated in accordance with
subsection (i), shall be payable by the Bureau'' after
``subsection (h)''.
(2) in subsection (b)--
(A) by striking ``the Bureau shall pay the same benefit''
and inserting ``a benefit shall be payable'';
(B) by striking ``that is payable under subsection (a) with
respect to the date on which the catastrophic injury
occurred,'' and inserting ``in the same amount that would be
payable, as of the date such injury was sustained (including'';
(C) by inserting ``, and calculated in accordance with
subsection (i)), if such determination were a determination
under subsection (a)'' before ``: Provided, That''; and
(D) by striking ``necessary:'' and all that follows and
inserting ``necessary.'';
(3) in subsection (c), by striking ``$3,000'' and inserting
``$6,000, adjusted in accordance with subsection (h),'';
(4) in subsection (h), by striking ``subsection (a)'' and
inserting ``subsections (a) and (b) and the level of the interim
benefit payable immediately before such October 1 under subsection
(c)'';
(5) by striking subsection (i) and inserting the following:
``(i) The amount payable under subsections (a) and (b), with
respect to the death or permanent and total disability of a public
safety officer, shall be the greater of--
``(1) the amount payable under the relevant subsection as of
the date of death or of the catastrophic injury of the public
safety officer; or
``(2) in any case in which the claim filed thereunder has been
pending for more than 365 days at the time of final determination
by the Bureau, the amount that would be payable under the relevant
subsection if the death or the catastrophic injury of the public
safety officer had occurred on the date on which the Bureau makes
such final determination.''; and
(6) in subsection (m), by inserting ``, (b),'' after
``subsection (a)''.
SEC. 3. DEFINITIONS WITH RESPECT TO 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 redesignating paragraphs (1), (2), (3), (4), (5), (6),
(7), (8), and (9) as paragraphs (4), (5), (6), (7), (8), (9), (10),
(13), and (14), respectively;
(2) by striking paragraph (4), as so redesignated, and
inserting:
``(4) `catastrophic injury' means an injury, the direct and
proximate result of which is to permanently render an individual
functionally incapable (including through a directly and
proximately resulting neurocognitive disorder), based on the state
of medicine on the date on which the claim is determined by the
Bureau, of performing work, including sedentary work: Provided,
That, if it appears that a claimant may be functionally capable of
performing work--
``(A) the Bureau shall disregard work where any
compensation provided is de minimis, nominal, honorary, or mere
reimbursement of incidental expenses, such as--
``(i) work that involves ordinary or simple tasks, that
because of the claimed disability, the claimant cannot
perform without significantly more supervision,
accommodation, or assistance than is typically provided to
an individual without the claimed disability doing similar
work;
``(ii) work that involves minimal duties that make few
or no demands on the claimant and are of little or no
economic value to the employer; or
``(iii) work that is performed primarily for
therapeutic purposes and aids the claimant in the physical
or mental recovery from the claimed disability; and
``(B) the claimant shall be presumed, absent clear and
convincing medical evidence to the contrary as determined by
the Bureau, to be functionally incapable of performing such
work if the direct and proximate result of the injury renders
the claimant--
``(i) blind;
``(ii) parapalegic; or
``(iii) quadriplegic;'';
(3) in paragraph (6), as so redesignated, by striking ``at the
time of the public safety officer's fatal or catastrophic injury''
and inserting ``at the time of the public safety officer's death or
fatal injury (in connection with any claim predicated upon such
death or injury) or the date of the public safety officer's
catastrophic injury or of the final determination by the Bureau of
any claim predicated upon such catastrophic injury'';
(4) in paragraph (7), as so redesignated, by inserting ``,
including an individual who, 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;
(5) in paragraph (9), as so redesignated by striking
``delinquency).,'' and inserting ``delinquency),'';
(6) in paragraph (13), as so redesignated, by inserting ``, and
includes (as may be prescribed by regulation hereunder) a legally
organized volunteer fire department that is a nonprofit entity and
provides services without regard to any particular relationship
(such as a subscription) a member of the public may have with such
a department'' before the semicolon;
(7) in paragraph (14), as so redesignated,--
(A) by striking subparagraph (A) and inserting:
``(A) an individual serving a public agency in an official
capacity, with or without compensation, as a law enforcement
officer, as a firefighter, or as a chaplain: Provided, That
(notwithstanding section 1205(b)(2) or (3)) the Bureau shall,
absent clear and convincing evidence to the contrary as
determined by the Bureau, deem the actions outside of
jurisdiction taken by any such law enforcement officer or
firefighter, to have been taken while serving such public
agency in such capacity, in any case in which the principal
legal officer of such public agency, and the head of such
agency, together, certify that such actions--
``(i) were not unreasonable;
``(ii) would have been within the authority and line of
duty of such law enforcement officer or such firefighter to
take, had they been taken in a jurisdiction where such law
enforcement officer or firefighter was authorized to act,
in the ordinary course, in an official capacity; and
``(iii) would have resulted in the payment of full
line-of-duty death or disability benefits (as applicable),
if any such benefits typically were payable by (or with
respect to or on behalf of) such public agency, as of the
date the actions were taken;'';
(B) by redesignating subparagraphs (B), (C), (D), and (E)
as subparagraphs (C), (D), (E), and (F), respectively;
(C) by inserting after subparagraph (A), the following new
subparagraph:
``(B) a candidate officer who is engaging in an activity or
exercise that itself is a formal or required part of the
program in which the candidate officer is enrolled or admitted,
as provided in this section;''; and
(D) by striking subparagraph (E), as so redesignated, and
inserting the following:
``(E) a member of a rescue squad or ambulance crew who, as
authorized or licensed by law and by the applicable agency or
entity, is engaging in rescue activity or in the provision of
emergency medical services: Provided, That (notwithstanding
section 1205(b)(2) or (3)) the Bureau shall, absent clear and
convincing evidence to the contrary as determined by the
Bureau, deem the actions outside of jurisdiction taken by any
such member to have been thus authorized or licensed, in any
case in which the principal legal officer of such agency or
entity, and the head of such agency or entity, together,
certify that such actions--
``(i) were not unreasonable;
``(ii) would have been within the authority and line of
duty of such member to take, had they been taken in a
jurisdiction where such member was authorized or licensed
by law and by a pertinent agency or entity to act, in the
ordinary course; and
``(iii) would have resulted in the payment of full
line-of-duty death or disability benefits (as applicable),
if any such benefits typically were payable by (or with
respect to or on behalf of) such applicable agency or
entity, as of the date the action was taken;'';
(8) by inserting before paragraph (4), as so redesignated, the
following new paragraphs:
``(1) `action outside of jurisdiction' means an action, not in
the course of any compensated employment involving either the
performance of public safety activity or the provision of security
services, by a law enforcement officer, firefighter, or member of a
rescue squad or ambulance crew that--
``(A) was taken in a jurisdiction where--
``(i) the law enforcement officer or firefighter then
was not authorized to act, in the ordinary course, in an
official capacity; or
``(ii) the member of a rescue squad or ambulance crew
then was not authorized or licensed to act, in the ordinary
course, by law or by the applicable agency or entity;
``(B) then would have been within the authority and line of
duty of--
``(i) a law enforcement officer or a firefighter to
take, who was authorized to act, in the ordinary course, in
an official capacity, in the jurisdiction where the action
was taken; or
``(ii) a member of a rescue squad or ambulance crew to
take, who was authorized or licensed by law and by a
pertinent agency or entity to act, in the ordinary course,
in the jurisdiction where the action was taken; and
``(C) was, in an emergency situation that presented an
imminent and significant danger or threat to human life or of
serious bodily harm to any individual, taken--
``(i) by a law enforcement officer--
``(I) to prevent, halt, or respond to the immediate
consequences of a crime (including an incident of
juvenile delinquency); or
``(II) while engaging in a rescue activity or in
the provision of emergency medical services;
``(ii) by a firefighter--
``(I) while engaging in fire suppression; or
``(II) while engaging in a rescue activity or in
the provision of emergency medical services; or
``(iii) by a member of a rescue squad or ambulance
crew, while engaging in a rescue activity or in the
provision of emergency medical services;
``(2) `candidate officer' means an individual who is enrolled
or admitted, as a cadet or trainee, in a formal and officially
established program of instruction or of training (such as a police
or fire academy) that is specifically intended to result upon
completion, in the--
``(A) commissioning of such individual as a law enforcement
officer;
``(B) conferral upon such individual of official authority
to engage in fire suppression (as an officer or employee of a
public fire department or as an officially recognized or
designated member of a legally organized volunteer fire
department); or
``(C) granting to such individual official authorization or
license to engage in a rescue activity, or in the provision of
emergency medical services, as a member of a rescue squad, or
as a member of an ambulance crew that is (or is a part of) the
agency or entity that is sponsoring the individual's enrollment
or admission;
``(3) `blind' means an individual who has central visual acuity
of 20/200 or less in the better eye with the use of a correcting
lens or whose eye is accompanied by a limitation in the fields of
vision such that the widest diameter of the visual field subtends
an angle no greater than 20 degrees;''; and
(9) in the matter following paragraph (10), as so redesignated,
by inserting the following new paragraphs:
``(11) `neurocognitive disorder' means a disorder that is
characterized by a clinically significant decline in cognitive
functioning and may include symptoms and signs such as disturbances
in memory, executive functioning (that is, higher-level cognitive
processes, such as, regulating attention, planning, inhibiting
responses, decision-making), visual-spatial functioning, language,
speech, perception, insight, judgment, or an insensitivity to
social standards; and
``(12) `sedentary work' means work that--
``(A) involves lifting articles weighing no more than 10
pounds at a time or occasionally lifting or carrying articles
such as docket files, ledgers, or small tools; and
``(B) despite involving sitting on a regular basis, may
require walking or standing on an occasional basis.''.
SEC. 4. DUE DILIGENCE IN PAYING BENEFIT CLAIMS UNDER 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) may use available investigative tools, including
subpoenas, to--
``(A) adjudicate or to expedite the processing of the
benefit claim, if the Bureau deems such use to be necessary to
adjudicate or conducive to expediting the adjudication of such
claim; and
``(B) obtain information or documentation from third
parties, including public agencies, if the Bureau deems such
use to be necessary to adjudicate or conducive to expediting
the adjudication of a claim; and
``(2) may not abandon the benefit claim unless the Bureau has
used investigative tools, including subpoenas, to obtain the
information or documentation deemed necessary to adjudicate such
claim by the Bureau under subparagraph (1)(B).''.
SEC. 5. EDUCATIONAL ASSISTANCE TO DEPENDENTS OF CERTAIN PUBLIC SAFETY
OFFICERS.
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 (unless prospective
assistance has been provided)''.
SEC. 6. TECHNICAL CORRECTION.
Section 1205(e)(3)(B) of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10285(e)(3)(B)) is amended by striking
``subparagraph (B)(ix)'' and inserting ``subparagraph (I)''.
SEC. 7. SUBPOENA POWER.
Section 806 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10225) is amended--
(1) by inserting ``Attorney General, the'' before the ``Bureau
of Justice Assistance'';
(2) by striking ``may appoint'' and inserting ``may appoint (to
be assigned or employed on an interim or as-needed basis) such
hearing examiners (who shall, if so designated by the Attorney
General, be understood to be comprised within the meaning of
``special government employee'' under section 202 of title 18,
United States Code)'';
(3) by striking ``under this chapter. The'' and inserting ``or
other law. The Attorney General, the''; and
(4) by inserting ``conduct examinations'' after ``examine
witnesses,''.
SEC. 8. EFFECTIVE DATE; APPLICABILITY.
(a) In General.--Except as otherwise provided in this section, the
amendments made by this Act shall take effect on the date of enactment
of this Act.
(b) Applicability.--
(1) Certain injuries.--The amendments made to paragraphs (2)
and (7) of section 1204 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10284) shall apply with respect
to injuries occurring on or after January 1, 2008.
(2) Matters pending.--Except as provided in paragraph (1), the
amendments made by this Act shall apply to any matter pending,
before the Bureau or otherwise, on the date of enactment of this
Act, or filed (consistent with pre-existing effective dates) or
accruing after that date.
(c) Effective Date for WTC Responders.--
(1) Certain new claims.--Not later than two years after the
effective date of this Act, a WTC responder may file a claim, under
section 1201(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10281(b)), that is predicated on a
personal injury sustained in the line of duty by such responder as
a result of the September 11, 2001, attacks, where--
(A) no claim under such section 1201(b) so predicated has
previously been filed; or
(B) a claim under such section 1201(b) so predicated had
previously been denied, in a final agency determination, on the
basis (in whole or in part) that the claimant was not totally
disabled.
(2) Claims for a deceased wtc responder.--Not later than two
years after the effective date of this Act, a claim may be filed,
constructively under section 1201(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(a)),
where a WTC responder who otherwise could have filed a claim
pursuant to paragraph (1) has died before such effective date (or
dies not later than 365 days after such effective date), or where a
WTC responder has filed such a claim but dies while it is pending
before the Bureau: Provided, That--
(A) no claim under such section 1201(a) otherwise shall
have been filed, or determined, in a final agency
determination; and
(B) if it is determined, in a final agency determination,
that a claim under such paragraph (1) would have been payable
had the WTC responder not died, then the WTC responder shall
irrebutably be presumed (solely for purposes of determining to
whom benefits otherwise pursuant to such paragraph (1) may be
payable under the claim filed constructively under such section
1201(a)) to have died as the direct and proximate result of the
injury on which the claim under such paragraph (1) would have
been predicated.
(3) Difference in benefit pay.--In the event that a claim 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 predicated on an
injury sustained in the line of duty by a WTC responder as a result
of the September 11, 2001, attacks was approved, in a final agency
determination, before the effective date of this Act, the Bureau
shall, upon application filed (not later than three years after
such effective date of this Act) by the payee (or payees) indicated
in subparagraphs (A) or (B), pay a bonus in the amount of the
difference (if any) between the amount that was paid pursuant to
such determination and the amount that would have been payable had
the amendments made by this Act, other than those indicated in
subsection (b)(1), been in effect on the date of such
determination--
(A) to the WTC responder, if living on the date the
application is determined, in a final agency determination; or
(B) if the WTC responder is not living on the date
indicated in subparagraph (A), to the individual (or
individuals), if living on such date, to whom benefits would
have been payable on such date under section 1201(a) of such
title I (34 U.S.C. 10281(a)) had the application been, instead,
a claim under such section 1201(a).
(4) Special limited rule of construction.--A claim filed
pursuant to paragraph (1) or (2) shall be determined as though the
date of catastrophic injury of the public safety officer were the
date of enactment of this Act, for purposes of determining the
amount that may be payable.
SEC. 9. SAFEGUARDING AMERICA'S FIRST RESPONDERS.
Section 3 of Safeguarding America's First Responders Act of 2020
(Public Law 116-157) is amended--
(1) in subsection (a)(1), by striking ``between January 1,
2020, and December 31, 2021'' and inserting ``during the period
beginning on January 1, 2020, and ending on the termination date''
and
(2) in subsection (b)(1), by striking ``between January 1,
2020, and December 31, 2021'' and inserting ``during the period
beginning on January 1, 2020, and ending on the termination date'';
and
(3) by adding at the end the following:
``(c) Termination Date.--For purposes of this section, the term
`termination date' means the earlier of--
``(1) the date on which the public health emergency declared by
the Secretary of Health and Human Services under section 319 of the
Public Health Service Act (42 U.S.C. 247d) on January 31, 2020,
with respect to the Coronavirus Disease (COVID-19), expires; and
``(2) December 31, 2023.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.