[Congressional Record Volume 157, Number 152 (Wednesday, October 12, 2011)]
[Senate]
[Pages S6466-S6469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Ms. Mikulski, Ms. Landrieu, and Mr. 
        Cardin):
  S. 1696. A bill to improve the Public Safety Officers' Benefits 
Program; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today, I am pleased to introduce 
legislation to improve the Public Safety Officers' Benefits Act, PSOB. 
This law, enacted in 1976, is a vital safety net for our first 
responders who are permanently disabled in the line of duty, and for 
the families of those who make the ultimate sacrifice while serving 
their fellow citizens.
  This legislation, along with several technical refinements to the 
program, will add certain classes of first responders who, due to gaps 
in the law, have been left without protection. For example, the bill 
contains legislation I introduced in the 111th Congress in response to 
the tragic death of Dale Long, a decorated emergency medical responder 
in Vermont. The Dale Long Emergency Medical Service Providers 
Protection Act would protect Mr. Long's survivors and those who may 
follow and encounter the same limitations under the current law.
  Under current PSOB law, in order to be eligible for benefits, a 
member of an ambulance crew must work for an organization that is 
deemed a unit of State or local government, and thus be deemed a public 
employee. In Dale Long's case, as with rescue crews across the country, 
he worked for a private, non-profit entity that nonetheless served his 
community in a way indistinguishable from an organization with status 
as a unit of government. Based upon this distinction, Dale Long's 
surviving family was ineligible for these benefits. This is unfair, and 
undermines the Federal policy that is in place to support and protect 
these men and women. The bill I introduce today would end this 
disparate treatment.
  The legislation also includes a provision to ensure that a cadet 
officer killed during a dangerous training exercise would be eligible 
for such benefits. The current law's weakness in this

[[Page S6467]]

area was highlighted in a case in Maryland, during which fire cadet 
Racheal Wilson was killed during a training exercise. Senator Mikulski 
and Senator Cardin have been very concerned about this situation, and I 
commend them for advocating for its inclusion in this legislation.
  In the 111th Congress, the Judiciary Committee considered and 
reported the Dale Long Emergency Medical Service Providers Protection 
Act by voice vote. Despite the Committee's work, and the process and 
debate it was afforded within the Committee, the bill was objected to 
when I tried to get Senate consideration. This was very disappointing, 
given the importance of this legislation to first responders around the 
country, and given the fact that the legislation was fully offset.
  This year, I once again introduced the Dale Long Emergency Medical 
Service Providers Protection Act. During the Senate's debate in 
February on the FAA Air Transportation Modernization and Safety 
Improvement Act, I worked closely with Senator Inhofe to propose an 
amendment that included both the Dale Long Emergency Medical Service 
Providers Protection Act and a proposal from Senator Inhofe to support 
those who volunteer their time and expertise as airplane pilots to help 
those in need. Our bipartisan amendment was adopted by voice vote.
  During the course of the subsequent conference negotiations on the 
FAA authorization legislation, I worked closely with Chairman 
Rockefeller and House Judiciary Committee Chairman Lamar Smith to 
ensure that our bipartisan amendment was retained in the conference 
agreement. During the course of these negotiations, Chairman Smith 
proposed to expand the Dale Long Emergency Medical Service Providers 
Protection Act to include other changes to the current PSOB law.
  For example, Chairman Smith proposed a refinement of the Hometown 
Heroes law, a law that I authored and which was enacted in 2003. I 
worked with firefighters, police officers, and first responders to make 
sure that what Chairman Smith had proposed would not only retain the 
spirit and intent of the original Hometown Heroes law, but, most 
importantly, would improve upon it to alleviate some of the 
administrative delays that the families of first responders had 
encountered in the past. This refined proposal is included in the bill.
  The bill I introduce today also includes provisions to lessen the 
length of a currently unwieldy appeals process for claimants, clarify 
the list of eligible survivor beneficiaries, and make those who have 
been catastrophically injured eligible for peer support and counseling 
programs. It also removes artificial distinctions under the Hometown 
Heroes Act to expand the types of injuries that would make a public 
safety officer's survivors eligible for benefits.
  The final version of the legislation to which Chairman Smith and I 
agreed represents a bipartisan compromise on the overall improvement of 
this important program. I appreciate Chairman Smith's willingness to 
work with me in support of this program, and the first responders for 
whom the law is intended to protect. I understand that our agreement 
was to be incorporated in the FAA conference report.
  Unfortunately, the future for a conference agreement on the FAA 
legislation is unclear. Each day that passes is another day that Mr. 
Long's family, and others who would benefit from this legislation, must 
live without the assistance this benefit provides. The Public Safety 
Officers' Benefits Act has been in effect for over 30 years, and has 
brought a measure of security to survivors of fallen first responders. 
In 1990, Congress continued this tradition and acted again to ensure 
that those first responders who have been permanently disabled in the 
line of duty are taken care of. This longstanding policy is reflective 
of Congress' recognition of the importance and necessity of the men and 
women who commit themselves as firefighters, police officers, and 
medical responders.
  It is difficult to imagine what communities across America would be 
like without these essential services. From the firefighters in Vermont 
who race to the scene of a rural fire during a cold winter night, to 
the ambulance crews providing emergency medical services following a 
natural disaster in Oklahoma, our dedicated first responders are all 
connected by their sense of duty and their selflessness in the service 
of their neighbors. In Congress, lawmakers have traditionally acted in 
support of these men and women irrespective of party and we should 
continue that great tradition. I hope the Senate will act quickly to 
pass this important bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1696

       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 ``Public Safety Officers' 
     Benefits Improvements Act of 2011''.

     SEC. 2. BENEFITS FOR CERTAIN NONPROFIT EMERGENCY MEDICAL 
                   SERVICE PROVIDERS AND CERTAIN TRAINEES; 
                   MISCELLANEOUS AMENDMENTS.

       (a) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is 
     amended--
       (1) in section 901(a) (42 U.S.C. 3791(a))--
       (A) in paragraph (26), by striking ``and'' at the end;
       (B) in paragraph (27), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(28) the term `hearing examiner' includes any medical or 
     claims examiner.'';
       (2) in section 1201 (42 U.S.C. 3796)--
       (A) in subsection (a), by striking ``follows:'' and all 
     that follows and inserting the following: ``follows (if the 
     payee indicated is living on the date on which the 
     determination is made)--
       ``(1) if there is no child who survived the public safety 
     officer, to the surviving spouse of the public safety 
     officer;
       ``(2) if there is at least 1 child who survived the public 
     safety officer and a surviving spouse of the public safety 
     officer, 50 percent to the surviving child (or children, in 
     equal shares) and 50 percent to the surviving spouse;
       ``(3) if there is no surviving spouse of the public safety 
     officer, to the surviving child (or children, in equal 
     shares);
       ``(4) if there is no surviving spouse of the public safety 
     officer and no surviving child--
       ``(A) to the surviving individual (or individuals, in 
     shares per the designation, or, otherwise, in equal shares) 
     designated by the public safety officer to receive benefits 
     under this subsection in the most recently executed 
     designation of beneficiary of the public safety officer on 
     file at the time of death with the public safety agency, 
     organization, or unit; or
       ``(B) if there is no individual qualifying under 
     subparagraph (A), to the surviving individual (or 
     individuals, in equal shares) designated by the public safety 
     officer to receive benefits under the most recently executed 
     life insurance policy of the public safety officer on file at 
     the time of death with the public safety agency, 
     organization, or unit;
       ``(5) if there is no individual qualifying under paragraph 
     (1), (2), (3), or (4), to the surviving parent (or parents, 
     in equal shares) of the public safety officer; or
       ``(6) if there is no individual qualifying under paragraph 
     (1), (2), (3), (4), or (5), to the surviving individual (or 
     individuals, in equal shares) who would qualify under the 
     definition of the term `child' under section 1204 but for 
     age.'';
       (B) in subsection (b)--
       (i) by striking ``direct result of a catastrophic'' and 
     inserting ``direct and proximate result of a personal'';
       (ii) by striking ``pay,'' and all that follows through 
     ``the same'' and inserting ``pay the same'';
       (iii) by striking ``in any year'' and inserting ``to the 
     public safety officer (if living on the date on which the 
     determination is made)'';
       (iv) by striking ``in such year, adjusted'' and inserting 
     ``with respect to the date on which the catastrophic injury 
     occurred, as adjusted'';
       (v) by striking ``, to such officer'';
       (vi) by striking ``the total'' and all that follows through 
     ``For'' and inserting ``for''; and
       (vii) by striking ``That these'' and all that follows 
     through the period, and inserting ``That the amount payable 
     under this subsection shall be the amount payable as of the 
     date of catastrophic injury of such public safety officer.'';
       (C) in subsection (f)--
       (i) in paragraph (1), by striking ``, as amended (D.C. 
     Code, sec. 4-622); or'' and inserting a semicolon;
       (ii) in paragraph (2)--

       (I) by striking ``. Such beneficiaries shall only receive 
     benefits under such section 8191 that'' and inserting ``, 
     such that beneficiaries shall receive only such benefits 
     under such section 8191 as''; and
       (II) by striking the period at the end and inserting ``; 
     or''; and

       (iii) by adding at the end the following:

[[Page S6468]]

       ``(3) payments under the September 11th Victim Compensation 
     Fund of 2001 (49 U.S.C. 40101 note; Public Law 107-42).'';
       (D) by amending subsection (k) to read as follows:
       ``(k) As determined by the Bureau, a heart attack, stroke, 
     or vascular rupture suffered by a public safety officer shall 
     be presumed to constitute a personal injury within the 
     meaning of subsection (a), sustained in the line of duty by 
     the officer and directly and proximately resulting in death, 
     if--
       ``(1) the public safety officer, while on duty--
       ``(A) engages in a situation involving nonroutine stressful 
     or strenuous physical law enforcement, fire suppression, 
     rescue, hazardous material response, emergency medical 
     services, prison security, disaster relief, or other 
     emergency response activity; or
       ``(B) participates in a training exercise involving 
     nonroutine stressful or strenuous physical activity;
       ``(2) the heart attack, stroke, or vascular rupture 
     commences--
       ``(A) while the officer is engaged or participating as 
     described in paragraph (1);
       ``(B) while the officer remains on that duty after being 
     engaged or participating as described in paragraph (1); or
       ``(C) not later than 24 hours after the officer is engaged 
     or participating as described in paragraph (1); and
       ``(3) the heart attack, stroke, or vascular rupture 
     directly and proximately results in the death of the public 
     safety officer,
     unless competent medical evidence establishes that the heart 
     attack, stroke, or vascular rupture was unrelated to the 
     engagement or participation or was directly and proximately 
     caused by something other than the mere presence of 
     cardiovascular-disease risk factors.''; and
       (E) by adding at the end the following:
       ``(n) The public safety agency, organization, or unit 
     responsible for maintaining on file an executed designation 
     of beneficiary or executed life insurance policy for purposes 
     of subsection (a)(4) shall maintain the confidentiality of 
     the designation or policy in the same manner as the agency, 
     organization, or unit maintains personnel or other similar 
     records of the public safety officer.'';
       (3) in section 1202 (42 U.S.C. 3796a)--
       (A) by striking ``death'', each place it appears except the 
     second place it appears, and inserting ``fatal''; and
       (B) in paragraph (1), by striking ``or catastrophic 
     injury'' the second place it appears and inserting ``, 
     disability, or injury'';
       (4) in section 1203 (42 U.S.C. 3796a-1)--
       (A) in the section heading, by striking ``WHO HAVE DIED IN 
     THE LINE OF DUTY'' and inserting ``WHO HAVE SUSTAINED FATAL 
     OR CATASTROPHIC INJURY IN THE LINE OF DUTY''; and
       (B) by striking ``who have died in the line of duty'' and 
     inserting ``who have sustained fatal or catastrophic injury 
     in the line of duty'';
       (5) in section 1204 (42 U.S.C. 3796b)--
       (A) by redesignating paragraphs (1) through (9) as 
     paragraphs (2) through (10), respectively;
       (B) by inserting before paragraph (2), as so redesignated, 
     the following:
       ``(1) `candidate-officer' means an individual who is 
     officially enrolled or admitted, as a cadet or trainee, in an 
     officially recognized, formal program of instruction or 
     training (such as a police or fire academy) that is solely 
     and specifically intended to result, directly or immediately 
     upon completion, in--
       ``(A) commissioning as a law enforcement officer;
       ``(B) conferral of 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) the granting of official authorization or license to 
     engage in rescue activity or in the provision of emergency 
     medical services as a member of a rescue squad or ambulance 
     crew that is (or is a part of) the agency or entity 
     sponsoring the enrollment or admission of the individual;'';
       (C) in paragraph (2), as so redesignated, by striking 
     ``consequences of an injury that'' and inserting ``an injury, 
     the direct and proximate consequences of which'';
       (D) in paragraph (4), as so redesignated--
       (i) in the matter preceding clause (i)--

       (I) by inserting ``or permanently and totally disabled'' 
     after ``deceased''; and
       (II) by striking ``death'' and inserting ``fatal or 
     catastrophic injury''; and

       (ii) by redesignating clauses (i), (ii), and (iii) as 
     subparagraphs (A), (B), and (C), respectively;
       (E) in paragraph (6), as so redesignated--
       (i) by striking ``post-mortem'' each place it appears and 
     inserting ``post-injury''; and
       (ii) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively;
       (F) in paragraph (8), as so redesignated, by striking 
     ``public employee member of a rescue squad or ambulance 
     crew;'' and inserting ``employee or volunteer member of a 
     rescue squad or ambulance crew (including a ground or air 
     ambulance service) that--
       ``(i) is a public agency; or
       ``(ii) is (or is a part of) a nonprofit entity serving the 
     public that--

       ``(I) is officially authorized or licensed to engage in 
     rescue activity or to provide emergency medical services; and
       ``(II) is officially designated as a prehospital emergency 
     medical response agency;''; and

       (G) in paragraph (10), as so redesignated--
       (i) in subparagraph (A), by striking ``as a chaplain, or as 
     a member of a rescue squad or ambulance crew;'' and inserting 
     ``or as a chaplain;'';
       (ii) in subparagraph (B)(ii), by striking ``or'' after the 
     semicolon;
       (iii) in subparagraph (C)(ii), by striking the period and 
     inserting a semicolon; and
       (iv) by adding at the end the following:
       ``(D) a member of a rescue squad or ambulance crew who, as 
     authorized or licensed by law and by the applicable agency or 
     entity (and as designated by such agency or entity), is 
     engaging in rescue activity or in the provision of emergency 
     medical services; or
       ``(E) a candidate-officer who is engaging in an activity or 
     exercise--
       ``(i) that is a formal or required part of the program 
     described in paragraph (1); and
       ``(ii) that poses or is designed to simulate situations 
     that pose significant dangers, threats, or hazards.'';
       (6) in section 1205 (42 U.S.C. 3796c), by adding at the end 
     the following:
       ``(d) Unless expressly provided otherwise, any reference in 
     this part to any provision of law not in this part shall be 
     understood to constitute a general reference under the 
     doctrine of incorporation by reference, and thus to include 
     any subsequent amendments to the provision.'';
       (7) in each of subsections (a) and (b) of section 1212 (42 
     U.S.C. 3796d-1), sections 1213 and 1214 (42 U.S.C. 3796d-2 
     and 3796d-3), and subsections (b) and (c) of section 1216 (42 
     U.S.C. 3796d-5), by striking ``dependent'' each place it 
     appears and inserting ``person'';
       (8) in section 1212 (42 U.S.C. 3796d-1)--
       (A) in subsection (a)--
       (i) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``Subject'' and all that follows through ``, 
     the'' and inserting ``The''; and
       (ii) in paragraph (3), by striking ``reduced by'' and all 
     that follows through ``(B) the amount'' and inserting 
     ``reduced by the amount'';
       (B) in subsection (c)--
       (i) in the subsection heading, by striking ``Dependent''; 
     and
       (ii) by striking ``dependent'';
       (9) in section 1213(b)(2) (42 U.S.C. 3796d-2(b)(2)), by 
     striking ``dependent's'' each place it appears and inserting 
     ``person's'';
       (10) in section 1216 (42 U.S.C. 3796d-5)--
       (A) in subsection (a), by striking ``each dependent'' each 
     place it appears and inserting ``a spouse or child''; and
       (B) by striking ``dependents'' each place it appears and 
     inserting ``a person''; and
       (11) in section 1217(3)(A) (42 U.S.C. 3796d-6(3)(A)), by 
     striking ``described in'' and all that follows and inserting 
     ``an institution of higher education, as defined in section 
     102 of the Higher Education Act of 1965 (20 U.S.C. 1002); 
     and''.
       (b) Technical and Conforming Amendment.--Section 
     402(l)(4)(C) of the Internal Revenue Code of 1986 is 
     amended--
       (1) by striking ``section 1204(9)(A)'' and inserting 
     ``section 1204(10)(A)''; and
       (2) by striking ``42 U.S.C. 3796b(9)(A)'' and inserting 
     ``42 U.S.C. 3796b(10)(A)''.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS; DETERMINATIONS; 
                   APPEALS.

       The matter under the heading ``public safety officers 
     benefits'' under the heading ``Office of Justice Programs'' 
     under title II of division B of the Consolidated 
     Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1912; 
     42 U.S.C. 3796c-2) is amended--
       (1) by striking ``decisions'' and inserting 
     ``determinations'';
       (2) by striking ``(including those, and any related 
     matters, pending)''; and
       (3) by striking the period at the end and inserting the 
     following: ``:  Provided further, That, on and after the date 
     of enactment of the Public Safety Officers' Benefits 
     Improvements Act of 2011, as to each such statute--
       ``(1) the provisions of section 1001(a)(4) of such title I 
     (42 U.S.C. 3793(a)(4)) shall apply;
       ``(2) payment shall be made only upon a determination by 
     the Bureau that the facts legally warrant the payment;
       ``(3) any reference to section 1202 of such title I shall 
     be deemed to be a reference to paragraphs (2) and (3) of such 
     section 1202; and
       ``(4) a certification submitted under any such statute may 
     be accepted by the Bureau as prima facie evidence of the 
     facts asserted in the certification:

       Provided further, That, on and after the date of enactment 
     of the Public Safety Officers' Benefits Improvements Act of 
     2011, no appeal shall bring any final determination of the 
     Bureau before any court for review unless notice of appeal is 
     filed (within the time specified herein and in the manner 
     prescribed for appeal to United States courts of appeals from 
     United States district courts) not later than 90 days after 
     the date on which the Bureau serves notice of the final 
     determination:  Provided further,  That any regulations 
     promulgated by the Bureau under such part (or any such 
     statute) before, on, or after the date of enactment of the 
     Public Safety Officers' Benefits Improvements Act of 2011 
     shall apply to any matter pending on, or filed or accruing 
     after, the effective date specified in the regulations, 
     except as the Bureau may indicate otherwise.''.

     SEC. 4. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this Act shall--
       (1) take effect on the date of enactment of this Act; and
       (2) apply to any matter pending, before the Bureau of 
     Justice Assistance or otherwise, on the date of enactment of 
     this Act, or filed or accruing after that date.

[[Page S6469]]

       (b) Exceptions.--
       (1) Rescue squads and ambulance crews.--For a member of a 
     rescue squad or ambulance crew (as defined in section 1204(8) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968, as amended by this Act), the amendments made by this 
     Act shall apply to injuries sustained on or after June 1, 
     2009.
       (2) Heart attacks, strokes, and vascular ruptures.--Section 
     1201(k) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968, as amended by this Act, shall apply to 
     heart attacks, strokes, and vascular ruptures sustained on or 
     after December 15, 2003.
       (3) Candidate-officers.--For a candidate-officer (as 
     defined in section 1204(1) of the title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968, as amended by 
     this Act), the amendments made by this Act shall apply to 
     injuries sustained on or after the date of enactment of this 
     Act.

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