[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3897 Engrossed in Senate (ES)]
<DOC>
119th CONGRESS
2d Session
S. 3897
_______________________________________________________________________
AN ACT
To revise administrative procedures relating to public safety officers'
death benefits, 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 ``Officer John Barnes and Chief
Michael Ansbro Public Safety Officers' Benefit Program Expansion Act of
2026''.
SEC. 2. ELIGIBILITY DETERMINATION FOR PUBLIC SAFETY OFFICER BENEFITS.
(a) In General.--Section 1205 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10285) is amended--
(1) in subsection (e)(2)(E), by inserting ``, including
whether the delay is due to the inaction of the claimant or an
agency from which information is required'' after ``basis for
delay''; and
(2) by adding at the end the following:
``(f) Notice and Interim Benefits.--
``(1) Notice of missing information.--Not later than 90
calendar days after receiving a claim filed under this subpart,
the Bureau shall notify the claimant or the relevant agency of
any missing information required to process the claim.
``(2) Notice of determination.--
``(A) In general.--Not later than 270 calendar days
after receiving all information required to process the
claim, the Bureau shall inform the claimant of the
Bureau's final, appealable determination as to the
claimant's benefit eligibility.
``(B) Interim benefits as notice.--Provision of
interim benefits under section 1201(c) shall be deemed
to be notice under subparagraph (A).
``(3) Interim benefits.--
``(A) Entitlement.--If the Bureau fails to inform a
claimant of the Bureau's determination on or before the
date that is 270 calendar days after receiving all
information required to process the claim, the Bureau
shall issue a single interim benefit payment with
respect to the claim, payable only to--
``(i) a claimant whose status as an
eligible beneficiary is undisputed; or
``(ii) if beneficiary status remains
unresolved, an escrow or fiduciary account,
pending final determination under section 1201.
``(B) Rescission or repayment.--Any interim
benefits paid under this subsection--
``(i) shall be credited against any final
benefit determination made under section 1201;
``(ii) shall not be subject to recoupment
or affirmative repayment by the Bureau, except
in cases of fraud or material
misrepresentation; and
``(iii) shall not be construed to create an
entitlement to benefits if the claimant or
decedent is determined to be ineligible under
this part.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to--
``(A) limit the Bureau's authority to deny a claim
for failure to meet statutory eligibility requirements;
``(B) alter the determination of eligible
beneficiaries under section 1201; or
``(C) require payment of interim benefits to
multiple claimants if the statute authorizes payment to
only 1 or more mutually exclusive beneficiaries.
``(g) Outreach.--The Bureau shall--
``(1) conduct outreach efforts on an ongoing basis to
ensure that public safety officers and underserved public
agencies are aware of the program under this part, including
outreach efforts for disabled public safety officers; and
``(2) include in the outreach efforts under paragraph (1)
regular communications with national public safety
organizations, public safety agencies, and organizations
supporting disabled public safety officers and the families of
fallen officers.
``(h) Summary of Backlogged Claims.--Not later than 30 days after
publishing the report required under subsection (e)(2), the Bureau
shall submit a summary of the information required to be reported under
subsection (e)(2)(E) to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of Representatives.
``(i) Audit of Backlogged Claims.--On an annual basis, the
Comptroller General shall conduct an audit of any pending claims under
this part that were submitted to the Bureau more than 1 year before the
date on which the audit is commenced, to identify programmatic
challenges to the timely processing of death, disability, and
educational assistance claims. As part of the audit, the Comptroller
General shall also review--
``(1) where the claim is in the determination process;
``(2) the reasons for delay, including any processes, such
as legal review, that prevent timely processing of claims;
``(3) whether the agency has used its subpoena authority
for the claims;
``(4) the frequency of outreach to the claimant and efforts
to evaluate and improve the effectiveness of outreach and
claims assistance efforts;
``(5) the efforts of the Bureau of Justice Assistance to
implement a claims processing manual to ensure consistency
across staff in determining claims; and
``(6) efforts to evaluate and improve the effectiveness of
outreach and claims assistance efforts.''.
(b) Subpoena Requirement.--Section 1206(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10288(b)) is amended--
(1) in paragraph (1)(B), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) with respect to information or documentation in the
possession of a public agency that the Bureau has determined is
necessary to adjudicate the claim that the public agency has
failed to provide by the date that is 30 days after the date of
the Bureau's or the claimant's request to provide the
information or documentation, shall issue a subpoena to the
public agency to obtain the information or documentation,
unless the Bureau has approved an extension not exceeding 60
days.''.
(c) Definitions.--
(1) In general.--Section 1204 of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10284) is amended--
(A) in paragraph (4)(B)(ii), by striking
``parapalegic'' and inserting ``paraplegic'';
(B) by redesignating paragraphs (8) through (14) as
paragraphs (9) through (15), respectively; and
(C) by inserting after paragraph (7) the following:
``(8) `gainful work' means gainful work activity, as
defined in section 32.23 of title 28, Code of Federal
Regulations, or successor regulation;''.
(2) Conforming amendments.--
(A) Internal revenue code.--Section 402(l)(4)(C) of
the Internal Revenue Code of 1986 is amended by
striking ``(42 U.S.C. 3796b(9)(A))''.
(B) Title 28.--Section 1863(b)(5)(B) of title 28,
United States Code, is amended by striking ``section
1203(6)'' and inserting ``section 1204''.
SEC. 3. EXPEDITED PAYMENT FOR VCF OR WTCHP DETERMINATIONS.
Section 1205(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10285(b)) is amended by adding at the
end the following:
``(4) In making determinations under section 1201(a), the
Bureau shall, absent clear and convincing evidence to the
contrary, as determined by the Bureau, approve any claim if the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note; Public Law 107-42) (commonly referred to as the
`VCF') or the World Trade Center Health Program under title
XXXIII of the Public Health Service Act (42 U.S.C. 300mm et
seq.) provides a certification of facts that--
``(A) the claim is eligible for death benefits
under the Victim Compensation Fund; or
``(B) the cause of claimant's death is a World
Trade Center Health Program-related condition.''.
SEC. 4. IMPLEMENTATION OF CERTAIN GAO RECOMMENDATIONS.
Not later than 180 days after the date of enactment of this Act,
the Attorney General shall ensure that the Director of the Bureau of
Justice Assistance implements the recommendations provided in the
report of the Government Accountability Office entitled ``Public Safety
Officers' Benefits Program: Transparency, Claims Assistance, and
Program Management Improvements Needed'' (GAO-24-105549), published on
September 27, 2024.
Passed the Senate August 7, 2026.
Attest:
Secretary.
119th CONGRESS
2d Session
S. 3897
_______________________________________________________________________
AN ACT
To revise administrative procedures relating to public safety officers'
death benefits, and for other purposes.