[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3897 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 416
119th CONGRESS
  2d Session
                                S. 3897

To revise administrative procedures relating to public safety officers' 
                death benefits, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2026

 Mrs. Gillibrand (for herself, Mr. Cruz, Mrs. Shaheen, Mr. Coons, Mr. 
    Graham, Mr. Durbin, Ms. Klobuchar, Mr. Tillis, Ms. Hirono, Mr. 
  Blumenthal, Mr. Padilla, Mr. Welch, and Mr. Booker) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                              May 19, 2026

              Reported by Mr. Grassley, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Officer John Barnes and 
Chief Michael Ansbro Public Safety Officers' Benefit Program Expansion 
Act of 2026''.</DELETED>

<DELETED>SEC. 2. ELIGIBILITY DETERMINATION FOR PUBLIC SAFETY OFFICER 
              BENEFITS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) in subsection (e)(2)(E), by inserting ``, 
        including whether the delay is due to the inaction of the 
        claimant or the failure to cooperate of an agency from which 
        information is required'' after ``basis for delay''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(f) Notice and Interim Benefits.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Notice of determination.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 270 
                calendar days after receiving a complete claim, the 
                Bureau shall inform the claimant of the Bureau's 
                determination as to the claimant's benefit 
                eligibility.</DELETED>
                <DELETED>    ``(B) Interim benefits as notice.--
                Provision of interim benefits under section 1201(d) 
                shall be deemed to be notice under subparagraph 
                (A).</DELETED>
        <DELETED>    ``(3) Interim benefits.--</DELETED>
                <DELETED>    ``(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 a complete claim, the Bureau shall issue a 
                single interim benefit payment with respect to the 
                claim, payable only to--</DELETED>
                        <DELETED>    ``(i) a claimant whose status as 
                        an eligible beneficiary is undisputed; 
                        or</DELETED>
                        <DELETED>    ``(ii) if beneficiary status 
                        remains unresolved, an escrow or fiduciary 
                        account, pending final determination under 
                        section 1201.</DELETED>
                <DELETED>    ``(B) Rescission or repayment.--Any 
                interim benefits paid under this subsection--</DELETED>
                        <DELETED>    ``(i) shall be credited against 
                        any final benefit determination made under 
                        section 1201;</DELETED>
                        <DELETED>    ``(ii) shall not be subject to 
                        recoupment or affirmative repayment by the 
                        Bureau, except in cases of fraud or material 
                        misrepresentation; and</DELETED>
                        <DELETED>    ``(iii) shall not be construed to 
                        create an entitlement to benefits if the 
                        claimant or decedent is determined to be 
                        ineligible under this part.</DELETED>
        <DELETED>    ``(4) Rule of construction.--Nothing in this 
        subsection shall be construed to--</DELETED>
                <DELETED>    ``(A) limit the Bureau's authority to deny 
                a claim for failure to meet statutory eligibility 
                requirements;</DELETED>
                <DELETED>    ``(B) alter the determination of eligible 
                beneficiaries under section 1201; or</DELETED>
                <DELETED>    ``(C) require payment of interim benefits 
                to multiple claimants if the statute authorizes payment 
                to only 1 or more mutually exclusive 
                beneficiaries.</DELETED>
<DELETED>    ``(g) Outreach.--The Bureau shall--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) where the claim is in the determination 
        process;</DELETED>
        <DELETED>    ``(2) the reasons for delay, including any 
        processes, such as legal review, that prevent timely processing 
        of claims;</DELETED>
        <DELETED>    ``(3) whether the agency has used its subpoena 
        authority for the claims;</DELETED>
        <DELETED>    ``(4) the frequency of outreach to the claimant 
        and efforts to evaluate and improve the effectiveness of 
        outreach and claims assistance efforts;</DELETED>
        <DELETED>    ``(5) the efforts of the Bureau of Justice 
        Assistance to implement a claims processing manual to ensure 
        consistency across staff in determining claims; and</DELETED>
        <DELETED>    ``(6) efforts to evaluate and improve the 
        effectiveness of outreach and claims assistance 
        efforts.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in paragraph (1)(B), by striking ``and'' at 
        the end;</DELETED>
        <DELETED>    (2) in paragraph (2), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Definitions.--</DELETED>
        <DELETED>    (1) In general.--Section 1204 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (34 U.S.C. 10284) is 
        amended--</DELETED>
                <DELETED>    (A) in paragraph (4)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        subparagraph (A), by inserting ``or gainful 
                        work as a public safety officer'' after 
                        ``including sedentary work'' each place it 
                        appears; and</DELETED>
                        <DELETED>    (ii) in subparagraph (B)(ii), by 
                        striking ``parapalegic'' and inserting 
                        ``paraplegic'';</DELETED>
                <DELETED>    (B) by redesignating paragraph (7) as 
                paragraph (8) and paragraphs (8) through (14) as 
                paragraphs (10) through (16), respectively;</DELETED>
                <DELETED>    (C) by inserting after paragraph (6) the 
                following:</DELETED>
        <DELETED>    ``(7) `complete claim' means any claim that--
        </DELETED>
                <DELETED>    ``(A) contains all required documents from 
                the claimant and the relevant agency for processing; 
                and</DELETED>
                <DELETED>    ``(B) has been assigned a claim number by 
                the Bureau;''; and</DELETED>
                <DELETED>    (D) by inserting after paragraph (8), as 
                so redesignated, the following:</DELETED>
        <DELETED>    ``(9) `gainful work' means gainful work activity, 
        as defined in section 416.972 of title 20, Code of Federal 
        Regulations, or successor regulation;''.</DELETED>
        <DELETED>    (2) Conforming amendments.--</DELETED>
                <DELETED>    (A) Internal revenue code.--Section 
                402(l)(4)(C) of the Internal Revenue Code of 1986 is 
                amended by striking ``(9)(A)'' each place it 
                appears.</DELETED>
                <DELETED>    (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''.</DELETED>

<DELETED>SEC. 3. BENEFITS FOR PERMANENT AND PARTIAL 
              DISABILITY.</DELETED>

<DELETED>    (a) In General.--Section 1201 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281) is 
amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (c) through (q) 
        as subsections (d) through (r), respectively;</DELETED>
        <DELETED>    (2) by inserting after subsection (b) the 
        following:</DELETED>
<DELETED>    ``(c) Benefits for Permanent and Partial Disability With 
Inability To Continue Previous Work.--</DELETED>
        <DELETED>    ``(1) In general.--In accordance with regulations 
        issued pursuant to this part, in any case in which the Bureau 
        determines that a public safety officer has become permanently, 
        but not totally, disabled as the direct and proximate result of 
        a personal injury sustained in the line of duty that has caused 
        a physical or mental impairment of such severity that the 
        public safety officer is prevented from performing any gainful 
        work as a public safety officer, including if the individual is 
        medically retired by the public safety agency, a benefit shall 
        be payable to the public safety officer (if living on the date 
        on which the determination is made) of half of the amount that 
        would be payable, as of the date such injury was sustained 
        (including as adjusted in accordance with subsection (i), and 
        calculated in accordance with subsection (j)), if such 
        determination were a determination under subsection 
        (a).</DELETED>
        <DELETED>    ``(2) Progression of disability.--If, not later 
        than 3 years after the date of sustaining the injury described 
        in paragraph (1), the severity of the impairment of the public 
        safety officer progresses to that of permanent and total 
        disability, as described in subsection (b), the public safety 
        officer may apply for a benefit under that subsection and, if 
        the Bureau determines that a permanent and total disability 
        exists, the Bureau shall pay the public safety officer a 
        benefit in the amount of the benefit to which the public safety 
        officer would have been entitled under that subsection, less 
        any benefit provided under this subsection.</DELETED>
        <DELETED>    ``(3) Offset in the event of death.--If a public 
        safety officer who has received a benefit under this subsection 
        subsequently dies as a direct and proximate result of the same 
        line-of-duty injury, any death benefit payable under subsection 
        (a) shall be reduced by the amount of any benefit previously 
        paid under this subsection.</DELETED>
        <DELETED>    ``(4) Rule of construction.--</DELETED>
                <DELETED>    ``(A) Availability of benefits.--Nothing 
                in this subsection shall be construed to affect the 
                availability of full benefits under subsection (a) or 
                (b), nor shall this subsection apply to temporary 
                disabilities or injuries that do not result in 
                permanent impairment at the time of filing.</DELETED>
                <DELETED>    ``(B) Determination.--A determination 
                under this subsection shall not constitute a final 
                determination with respect to eligibility for benefits 
                under subsection (b).'';</DELETED>
        <DELETED>    (3) by striking subsection (d), and inserting the 
        following:</DELETED>
<DELETED>    ``(d) Interim Payment.--Whenever the Bureau determines 
upon showing of need and prior to final action that the disability or 
death of a public safety officer is one with respect to which a benefit 
will probably be paid, the Bureau may make an interim benefit payment 
not exceeding $6,000, adjusted in accordance with subsection (i), to 
the individual entitled to receive a benefit under subsection (a), (b), 
or (c) of this section.''; and</DELETED>
        <DELETED>    (4) in subsection (j), as so redesignated, by 
        striking ``subsections (a) and (b)'' and inserting 
        ``subsections (a), (b), and (c)''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (1) In general.--Part L of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281 et 
        seq.) is amended--</DELETED>
                <DELETED>    (A) in section 1201--</DELETED>
                        <DELETED>    (i) in subsection (a), by striking 
                        ``adjusted in accordance with subsection (h), 
                        and calculated in accordance with subsection 
                        (i)'' and inserting ``adjusted in accordance 
                        with subsection (i), and calculated in 
                        accordance with subsection (j)'';</DELETED>
                        <DELETED>    (ii) in subsection (b), by 
                        striking ``adjusted in accordance with 
                        subsection (h), and calculated in accordance 
                        with subsection (i)'' and inserting ``adjusted 
                        in accordance with subsection (i), and 
                        calculated in accordance with subsection 
                        (j)'';</DELETED>
                        <DELETED>    (iii) in subsection (d), as so 
                        redesignated, by striking ``subsection (h)'' 
                        and inserting ``subsection (i)'';</DELETED>
                        <DELETED>    (iv) in subsection (e), as so 
                        redesignated, by striking ``subsection (c)'' 
                        and inserting ``subsection (d)'';</DELETED>
                        <DELETED>    (v) in subsection (i), as so 
                        redesignated--</DELETED>
                                <DELETED>    (I) by striking 
                                ``subsection (c)'' and inserting 
                                ``subsection (d)''; and</DELETED>
                                <DELETED>    (II) by striking 
                                ``subsections (a) and (b)'' and 
                                inserting ``subsections (a), (b), and 
                                (c)'';</DELETED>
                        <DELETED>    (vi) in subsection (j), as so 
                        redesignated, by striking ``and total'' after 
                        ``death or permanent'';</DELETED>
                        <DELETED>    (vii) in subsection (m), as so 
                        redesignated, by striking ``subsection (k)'' 
                        and inserting ``subsection (l)'';</DELETED>
                        <DELETED>    (viii) in subsection (n), as so 
                        redesignated, by striking ``subsection (a), 
                        (b), or (c)'' and inserting ``subsection (a), 
                        (b), (c), or (d)'';</DELETED>
                        <DELETED>    (ix) in subsection (p)(3), as so 
                        redesignated--</DELETED>
                                <DELETED>    (I) in the paragraph 
                                heading, by striking ``and total 
                                disability'' and inserting ``or 
                                permanent disability'';</DELETED>
                                <DELETED>    (II) in the matter 
                                preceding subparagraph (A), by striking 
                                ``subsection (a) or (b)'' and inserting 
                                ``subsection (a), (b), or 
                                (c)'';</DELETED>
                                <DELETED>    (III) in subparagraph (A), 
                                by striking ``and total'' after ``death 
                                or permanent''; and</DELETED>
                                <DELETED>    (IV) in subparagraph (B), 
                                by striking ``and total'' after ``death 
                                or permanent''; and</DELETED>
                        <DELETED>    (x) in subsection (r)(2)(A), as so 
                        redesignated--</DELETED>
                                <DELETED>    (I) by striking 
                                ``subsection (a) or (b)'' and inserting 
                                ``subsection (a), (b), or (c)''; 
                                and</DELETED>
                                <DELETED>    (II) by striking ``and 
                                total'' each place it appears; 
                                and</DELETED>
                <DELETED>    (B) in section 1205(e)--</DELETED>
                        <DELETED>    (i) in paragraph (2), by striking 
                        ``(f)(3)'' and inserting ``(g)(3)''; 
                        and</DELETED>
                        <DELETED>    (ii) in paragraph (3)(A), by 
                        striking ``(f)(3)'' and inserting 
                        ``(g)(3)''.</DELETED>
        <DELETED>    (2) Other amendments.--</DELETED>
                <DELETED>    (A) Public safety officer support act.--
                Section 3(b)(2) of the Public Safety Officer Support 
                Act of 2022 (34 U.S.C. 10281 note; Public Law 117-172; 
                136 Stat. 2101) is amended--</DELETED>
                        <DELETED>    (i) by striking ``section 
                        1201(o)'' and inserting ``section 1201(p)''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``January 1, 
                        2019'' and inserting ``January 1, 
                        2018''.</DELETED>
                <DELETED>    (B) Dale long public safety officers' 
                benefits improvements act of 2012.--Section 
                1086(d)(2)(B) of the National Defense Authorization Act 
                for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 
                1969) is amended by striking ``Section 1201(k)'' and 
                inserting ``Section 1201(l)''.</DELETED>
                <DELETED>    (C) USA patriot act of 2001.--Section 
                611(a) of the Uniting and Strengthening America by 
                Providing Appropriate Tools Required to Intercept and 
                Obstruct Terrorism Act of 2001 (34 U.S.C. 10286(a)) is 
                amended by striking ``and total'' after ``producing 
                permanent''.</DELETED>
                <DELETED>    (D) NDAA fy26.--Section 8204(b)(2) of the 
                National Defense Authorization Act for Fiscal Year 2026 
                (Public Law 119-60) is amended by striking ``section 
                1201(p)'' and inserting ``section 1201(q)''.</DELETED>

<DELETED>SEC. 4. EXPEDITED PAYMENT FOR VCF OR WTCHP 
              DETERMINATIONS.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the claim is eligible for death 
                benefits under the Victim Compensation Fund; 
                or</DELETED>
                <DELETED>    ``(B) the cause of claimant's death is a 
                World Trade Center Health Program-related 
                condition.''.</DELETED>

<DELETED>SEC. 5. IMPLEMENTATION OF CERTAIN GAO 
              RECOMMENDATIONS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 6. EDUCATIONAL BENEFITS.</DELETED>

<DELETED>    Nothing in this Act, or the amendments made by this Act 
shall be construed as expanding or altering any benefits available to 
dependents under subpart 2 of part L of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10281 et 
seq.).</DELETED>

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 of the United States 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 of the United States 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 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 title I 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 title I 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 any 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 ``(9)(A)'' each place it appears.
                    (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.
                                                       Calendar No. 416

119th CONGRESS

  2d Session

                                S. 3897

_______________________________________________________________________

                                 A BILL

To revise administrative procedures relating to public safety officers' 
                death benefits, and for other purposes.

_______________________________________________________________________

                              May 19, 2026

                       Reported with an amendment