[Congressional Record Volume 162, Number 170 (Tuesday, November 29, 2016)]
[Senate]
[Pages S6571-S6573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        PUBLIC SAFETY OFFICERS' BENEFITS IMPROVEMENT ACT OF 2016

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 513, S. 2944.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:
       A bill (S. 2944) to require adequate reporting on the 
     Public Safety Officers' Benefit program, and for other 
     purposes.
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with 
amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                                S. 2944

       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 Improvement Act of 2016''.

     SEC. 2. REPORTS.

       Section 1205 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796c) is amended--
       (1) in subsection (a), by inserting ``Rules, regulations, 
     and procedures issued under this part may include regulations 
     based on standards developed by another Federal agency for 
     programs related to public safety officer death or disability 
     claims.'' [after ``before the Bureau.'';] before the last 
     sentence;
       (2) in subsection (b)--

[[Page S6572]]

       (A) by inserting ``(1)'' before ``In making''; and
       (B) by adding at the end the following:
       ``(2) In making a determination under section 1201, the 
     Bureau shall give substantial weight to the evidence and all 
     findings of fact presented by a State, local, or Federal 
     administrative or investigative agency regarding eligibility 
     for death or disability benefits.''; and
       (3) by adding at the end the following:
       ``(e)(1)(A) Not later than 30 days after the date of 
     enactment of this subsection, the Bureau shall make available 
     on the public website of the Bureau information on all death, 
     disability, and educational assistance claims submitted under 
     this part that are pending as of the date on which the 
     information is made available.
       ``(B) Not less frequently than once per week, the Bureau 
     shall make available on the public website of the Bureau 
     updated information with respect to all death, disability, 
     and educational assistance claims submitted under this part 
     that are pending as of the date on which the information is 
     made available.
       ``(C) The information made available under this paragraph 
     shall include--
       ``(i) for each pending claim--
       ``(I) the date on which the claim was submitted to the 
     Bureau;
       ``(II) the State of residence of the claimant;
       ``(III) an anonymized, identifying claim number; and
       ``(IV) the nature of the claim; and
       ``(ii) the total number of pending claims that were 
     submitted to the Bureau more than 1 year before the date on 
     which the information is made available.
       ``(2)(A) Not later than 180 days after the date of 
     enactment of this subsection, and every 180 days thereafter, 
     the Bureau shall submit to Congress a report on the death, 
     disability, and educational assistance claims submitted under 
     this part during the 180-day period preceding the report.
       ``(B) Each report submitted under subparagraph (A) shall 
     include information on--
       ``(i) the total number of claims, and the nature of each 
     claim, submitted to the Bureau;
       ``(ii) the number of claims for which a final determination 
     has been made;
       ``(iii) the number of claims for which a final 
     determination has not been reached and the basis for the 
     delay;
       ``(iv) the amount of time required to process each claim 
     for which a final determination has been made [and, for any 
     claim which could not be processed within 1 year of being 
     submitted to the Bureau, the basis for any delay];
       ``(v) the number of claims submitted that are related to 
     exposure due to the September 11th, 2001, terrorism attacks 
     and the average award amount for any such claims for which a 
     final determination has been made;
       ``(vi) the result of each claim for which a final 
     determination was made during the 180-day period, including 
     the number of claims rejected and the basis for any denial of 
     benefits;
       ``(vii) the number of claims [that were appealed] for which 
     a final determination was made and appealed during the 180-
     day period;
       ``(viii) the average number of claims processed per 
     reviewer of the Bureau; and
       [``(ix) the average amount of time each agency takes to 
     submit all required information and documents to the Bureau.]
       ``(ix) information on the compliance of the Bureau with the 
     obligation to offset award amounts under section 1201(f)(3), 
     including--
       ``(I) the number of claims that are eligible for 
     compensation under both this part and the September 11th 
     Victim Compensation Fund of 2001 (49 U.S.C. 40101 note; 
     Public Law 107-42) (commonly referred to as the `VCF');
       ``(II) for each claim described in subclause (I) for which 
     compensation has been paid under the VCF, the amount of 
     compensation paid under the VCF;
       ``(III) the number of claims described in subclause (I) for 
     which the Bureau has made a final determination; and
       ``(IV) the number of claims described in subclause (I) for 
     which the Bureau has not made a final determination.
       ``(3) Not later than 5 years after the date of enactment of 
     the Public Safety Officers' Benefits Improvement Act of 2016, 
     and every 5 years thereafter, the Comptroller General of the 
     United States shall--
       ``(A) conduct a study on the compliance of the Bureau with 
     the obligation to offset award amounts under section 
     1201(f)(3); and
       ``(B) submit to Congress a report on the study conducted 
     under subparagraph (A) that includes an assessment of whether 
     the Bureau has provided the information required under 
     subparagraph (B)(ix) of paragraph (2) of this subsection in 
     each report required under that paragraph.
       ``[(3)](4) In this subsection, the term `nature of the 
     claim' means whether the claim is a claim for--
       ``(A) benefits under this subpart with respect to the death 
     of a public safety officer;
       ``(B) benefits under this subpart with respect to the 
     disability of a public safety officer; or
       ``(C) education assistance under subpart 2.''.

     SEC. 3. AGE LIMITATION FOR CHILDREN.

       Section 1212(c) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796d-1(c)) is amended--
       (1) by striking ``No child'' and inserting the following:
       ``(1) In general.--Subject to paragraph (2), no child''; 
     and
       (2) by adding at the end the following:
       ``(2) Delayed approvals.--
       ``(A) Educational assistance application.--If a claim for 
     assistance under this subpart is approved more than 1 year 
     after the date on which the application for such assistance 
     is filed with the Attorney General, the age limitation under 
     this subsection shall be extended by the length of the 
     period--
       ``(i) beginning on the day after the date that is 1 year 
     after the date on which the application is filed; and
       ``(ii) ending on the date on which the application is 
     approved.
       ``(B) Claim for benefits for death or permanent and total 
     disability.--In addition to an extension under subparagraph 
     (A), if any, for an application for assistance under this 
     subpart that relates to a claim for benefits under subpart 1 
     that was approved more than 1 year after the date on which 
     the claim was filed with the Attorney General, the age 
     limitation under this subsection shall be extended by the 
     length of the period--
       ``(i) beginning on the day after the date that is 1 year 
     after the date on which the claim for benefits is submitted; 
     and
       ``(ii) ending on the date on which the claim for benefits 
     is approved.''.

     SEC. 4. DUE DILIGENCE IN PAYING BENEFIT CLAIMS.

       Subpart 1 of part L of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 1206. DUE DILIGENCE IN PAYING BENEFIT CLAIMS.

       ``(a) In General.--The Bureau, with all due diligence, 
     shall expeditiously attempt to obtain the information and 
     documentation necessary to adjudicate a benefit claim filed 
     under this part, including a claim for financial assistance 
     under subpart 2.
       ``(b) Sufficient Information Unavailable.--If a benefit 
     claim filed under this part, including a claim for financial 
     assistance under subpart 2, is unable to be adjudicated by 
     the Bureau because of a lack of information or documentation 
     from a third party, such as a public agency, the Bureau may 
     not abandon the benefit claim unless the Bureau has utilized 
     the investigative tools available to the Bureau to obtain the 
     necessary information or documentation, including 
     subpoenas.''.

     SEC. 5. PRESUMPTION THAT OFFICER ACTED PROPERLY.

       Section 1202 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796a) is amended--
       (1) by striking ``No benefit'' and inserting the following:
       ``(a) In General.--No benefit''; and
       (2) by adding at the end the following:
       ``(b) Presumption.--In determining whether a benefit is 
     payable under this part, the Bureau shall--
       ``(1) presume that none of the limitations described in 
     subsection (a) apply; and
       ``(2) have the burden of establishing by clear and 
     convincing evidence that a limitation described in subsection 
     (a) applies.''.

     SEC. 6. EFFECTIVE DATE; APPLICABILITY.

       The amendments made by this Act shall--
       (1) take effect on the date of enactment of this Act; and
       (2) apply to any benefit claim or application under part L 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3796 et seq.) that is--
       (A) pending before the Bureau of Justice Assistance on the 
     date of enactment; or
       (B) received by the Bureau on or after the date of 
     enactment of this Act.

  Mr. LEAHY. Mr. President, today, the Senate reiterates its commitment 
to our Nation's law enforcement officers, firefighters, and other first 
responders. Forty years ago, we created the Public Safety Officers' 
Benefits Program, PSOB, to support first responders who made the 
ultimate sacrifice. We have now passed legislation to make much needed 
improvements to the claims adjudication process, which for too long has 
been plagued by red tape and delays.
  Today's legislation builds upon my past efforts to improve the PSOB 
program. In 2003, I worked with a bipartisan group of senators to pass 
the Hometown Heroes Survivors Benefits Act, which recognized that law 
enforcement officers who suffer fatal heart attacks or strokes in the 
line of duty also deserve benefits. In 2009, I introduced the Dale Long 
Emergency Medical Service Providers Protection Act, which became law in 
2012 and extended PSOB benefits to nonprofit Emergency Medical Service, 
EMS, providers. This change covered an estimated 1,200 EMS personnel in 
Vermont alone. Today's legislation will add transparency to the PSOB's 
decisionmaking process and should help expedite the review of 
applications for benefits.
  The legislation also includes an amendment I offered in the Judiciary 
Committee that improved this bill in three important ways. First, it 
ensured that children are not disqualified from receiving education 
benefits due to delays within the PSOB program, which can approach 10 
years. At a Senate Judiciary hearing in April, a law enforcement 
official described this as unconscionable. I agree. My amendment 
ensures it will never happen

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again. Second, a fallen officer or first responder's family should not 
have their claim denied simply because their employer fails to provide 
necessary paperwork to the PSOB office. My amendment requires that the 
PSOB office use every investigative tool it has to obtain what it needs 
from third parties to process a claim. This will ensure that officers 
and their families who are entitled to benefits are not further 
victimized by delays beyond their control. Finally, as originally 
drafted, this legislation only applied to claims filed after it becomes 
law. I want these improvements to help those currently stuck in the 
backlog, and my amendment fixed this issue.
  One hundred twenty-three law enforcement officers have been killed in 
the line of duty so far in 2016. These families deserve a working and 
responsive PSOB program. This legislation, while only a modest step, 
demonstrates our shared commitment to those officers and their 
families. I urge the House of Representatives to quickly pass this 
legislation and send it to the President for signature.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported amendments be withdrawn; that the Grassley 
substitute amendment be agreed to; that the bill, as amended, be read a 
third time and passed; that the Grassley title amendment be agreed to; 
and that the motions to reconsider be considered made and laid upon the 
table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendments were withdrawn.
  The amendment (No. 5113) in the nature of a substitute was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 2944), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  The amendment (No. 5114) was agreed to, as follows:

                     (Purpose: To amend the title)

       Amend the title so as to read: ``A bill to require adequate 
     reporting on the Public Safety Officers' Benefits program, 
     and for other purposes.''.

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