[Congressional Record Volume 163, Number 85 (Wednesday, May 17, 2017)]
[House]
[Pages H4248-H4251]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        PUBLIC SAFETY OFFICERS' BENEFITS IMPROVEMENT ACT OF 2017

  Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 419) to require adequate reporting on the Public Safety 
Officers' Benefits program, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 419

       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 2017''.

     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.'' before the last sentence;
       (2) in subsection (b)--
       (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.
       ``(3) If the head of a State, local, or Federal 
     administrative or investigative agency, in consultation with 
     the principal legal officer of the agency, provides a 
     certification of facts regarding eligibility for death or 
     disability benefits, the Bureau shall adopt the factual 
     findings, if the factual findings are supported by 
     substantial evidence.''; 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) Not later than 180 days after the date of enactment 
     of this subsection, the Bureau shall publish on the public 
     website of the Bureau a report, and shall update such report 
     on such website not less than once every 180 days thereafter, 
     containing--
       ``(A) the total number of claims for which a final 
     determination has been made during the 180-day period 
     preceding the report;
       ``(B) the amount of time required to process each claim for 
     which a final determination has been made during the 180-day 
     period preceding the report;
       ``(C) as of the last day of the 180-day period preceding 
     the report, the total number of claims submitted to the 
     Bureau on or before that date for which a final determination 
     has not been made;

[[Page H4249]]

       ``(D) as of the last day of the 180-day period preceding 
     the report, the total number of claims submitted to the 
     Bureau on or before the date that is 1 year before that date 
     for which a final determination has not been made;
       ``(E) for each claim described in subparagraph (D), a 
     detailed description of the basis for delay;
       ``(F) as of the last day of the 180-day period preceding 
     the report, the total number of claims submitted to the 
     Bureau on or before that date relating to exposure due to the 
     September 11th, 2001, terrorism attacks for which a final 
     determination has not been made;
       ``(G) as of the last day of the 180-day period preceding 
     the report, the total number of claims submitted to the 
     Bureau on or before the date that is 1 year before that date 
     relating to exposure due to the September 11th, 2001, 
     terrorism attacks for which a final determination has not 
     been made;
       ``(H) for each claim described in subparagraph (G), a 
     detailed description of the basis for delay;
       ``(I) the total number of claims submitted to the Bureau 
     relating to exposure due to the September 11th, 2001, 
     terrorism attacks for which a final determination was made 
     during the 180-day period preceding the report, and the 
     average award amount for any such claims that were approved;
       ``(J) the result of each claim for which a final 
     determination was made during the 180-day period preceding 
     the report, including the number of claims rejected and the 
     basis for any denial of benefits;
       ``(K) the number of final determinations which were 
     appealed during the 180-day period preceding the report, 
     regardless of when the final determination was first made;
       ``(L) the average number of claims processed per reviewer 
     of the Bureau during the 180-day period preceding the report;
       ``(M) for any claim submitted to the Bureau that required 
     the submission of additional information from a public 
     agency, and for which the public agency completed providing 
     all of the required information during the 180-day period 
     preceding the report, the average length of the period 
     beginning on the date the public agency was contacted by the 
     Bureau and ending on the date on which the public agency 
     submitted all required information to the Bureau;
       ``(N) for any claim submitted to the Bureau for which the 
     Bureau issued a subpoena to a public agency during the 180-
     day period preceding the report in order to obtain 
     information or documentation necessary to determine the 
     claim, the name of the public agency, the date on which the 
     subpoena was issued, and the dates on which the public agency 
     was contacted by the Bureau before the issuance of the 
     subpoena; and
       ``(O) 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 clause (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 clause (i) for 
     which the Bureau has made a final determination; and
       ``(iv) the number of claims described in clause (i) for 
     which the Bureau has not made a final determination.
       ``(3) Not later than 2 years after the date of enactment of 
     this subsection, and 2 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.
       ``(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, and such 
     information is not readily available to the claimant, 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--
       ``(1) shall presume that none of the limitations described 
     in subsection (a) apply; and
       ``(2) shall not determine that a limitation described in 
     subsection (a) applies, absent clear and convincing 
     evidence.''.

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Goodlatte) and the gentleman from Michigan (Mr. Conyers) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous materials on S. 419, currently under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, in 1976 Congress passed and the President signed into 
law the Public Safety Officers' Benefits Act. The act was designed to 
offer peace of mind to men and women seeking careers as public safety 
officers, namely, that if something happened to them in their dangerous 
roles, their families would have support.
  It shows that America places enormous value on those in our 
communities who protect and serve, those whose response to danger is to 
face it head-on and who put others before themselves daily.
  The PSOB program, administered by the Department of Justice, provides 
death benefits in the form of a one-time financial payment to eligible 
survivors of public safety officers who have died in the line of duty.
  The program also provides benefits to public safety officers who are 
permanently and totally disabled because of injuries sustained in the 
line of duty.
  Finally, the PSOB program provides financial assistance to help pay 
higher education costs for the spouses and children of public safety 
officers who have died or been injured in the line of duty.

[[Page H4250]]

  It is a program that is meant to help the loved ones of fallen 
officers move forward in the aftermath of tragedies.
  Unfortunately, in recent years, the PSOB program has had some 
incidents of delay, and some families were left in the dark about the 
status of applications. These families were unable to move forward 
after their tragic losses, and we recognize that is not acceptable for 
a family that has sacrificed so much for their communities.
  Legislation was introduced in the last Congress, and again this 
Congress as S. 419, to address these regrettable failings. This bill 
provides for transparency in the processing of claims in the PSOB 
program and codifies measures to ensure the system is streamlined and 
operates in a fair manner.
  Mr. Speaker, I commend my colleagues for their work and strong 
support of these law enforcement families. I would especially like to 
commend the gentleman from New York (Mr. King) for his unwavering 
support of the families of law enforcement.
  In his second inaugural address, President Lincoln reminded the 
American people: ``To care for him who shall have borne the battle and 
for his widow and his orphan.'' This legislation is designed to do 
exactly that for the brave men and women in blue who protect and serve 
all of us every day.
  Mr. Speaker, yesterday this bill passed the Senate unanimously. I 
urge my colleagues to support this important legislation today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, I rise today also in strong support of S. 419, the 
Public Safety Officers' Benefits Improvement Act, a bill which was just 
passed by the Senate yesterday.
  Each day, public safety officers put their lives on the line for the 
greater good of those whom they have taken an oath to serve and 
protect. Unfortunately, for some of these brave men and women, the 
ultimate sacrifice is made, and they will die while in the line of 
duty.
  The Public Safety Officers' Benefits program, which is administered 
by the Justice Department's Bureau of Justice Assistance, was 
established in 1976 to provide certain benefits to the families of 
these officers as well as to officers who are disabled as a result of 
their service.
  The death benefit is provided to eligible survivors of public safety 
officers whose deaths are a direct and proximate result of a traumatic 
injury sustained in the line of duty or death from certain heart 
attacks, strokes, and vascular ruptures sustained while on duty.
  An education benefit is provided to spouses and children of public 
safety officers killed or disabled while on duty. The program provides 
disability benefits to officers catastrophically injured in the line of 
duty.
  Mr. Speaker, I support S. 419 because it will significantly improve 
in several respects how benefits claims of fallen and injured officers 
are processed under the Public Safety Officers' Benefits program. To 
begin with, the bill responds to the fact that, all too often, these 
officers and their families, after experiencing a loss of life or 
traumatic injury, must then endure months, sometimes years, of 
uncertainty and delay concerning their benefit claims.
  S. 419 requires the Bureau to give substantial weight to evidence and 
facts presented by a Federal, State, or local agency when determining 
eligibility for death or disability benefits. In addition, the measure 
authorizes the Bureau of Justice Assistance to establish rules based on 
standards for the Benefits program. These two requirements will help 
facilitate and expedite the Benefits program claims processed and, 
thereby, reduce the backlog of families awaiting a decision on their 
benefit claims.
  S. 419 also increases transparency of the Bureau's claims processing. 
It requires, for example, the Bureau to publish and update a report 
with information on the status of pending claims regarding death, 
disability, and educational claims submitted, which will increase 
transparency.
  As we all know, transparency often leads to accountability, and this 
bill will make the Bureau of Justice Assistance and the Department of 
Justice more accountable to the families of fallen and 
traumatically injured officers, Congress, and the public as well. By 
requiring that updates or pending benefit claims be posted on public 
websites, Congress and the public will be able to evaluate the 
performance of the Bureau in timely processing pending claims.

  Finally, S. 419 will help ensure that families, who are the ultimate 
victims of those who sacrifice their lives for our protection, are not 
deprived of benefits they are due under the Public Safety Officers' 
Benefits program.
  We all have a responsibility to take care of surviving family members 
when a first responder is tragically killed or injured in the line of 
duty. This bill is a step in the right direction of ensuring that 
families are not overly burdened and that the public is aware of how 
the Bureau and the Justice Department are handling claims submitted by 
family members.
  Mr. Speaker, the sacrifice of these first responders should not be 
taken for granted, and their families should not be unduly burdened 
when applying for benefits under the Public Safety Officers' Benefits 
program. Accordingly, I support S. 419. I urge my colleagues to do the 
same.
  Mr. Speaker, it is particularly significant to note that S. 419 is 
being considered in the midst of National Police Week, a period 
dedicated to honor our Nation's fallen law enforcement heroes.
  President John Kennedy, by proclamation signed in 1962, designated 
May 15 as Peace Officers Memorial Day and the week in which that date 
falls as National Police Week.
  S. 419 memorializes our commitment to public safety officers, who 
daily risk their lives for us, by removing barriers that prevent 
beneficiaries under the Benefits program from obtaining the benefits 
they so justly deserve. Families of our first responders deserve timely 
consideration of benefit claims when their loved ones give the ultimate 
sacrifice.
  Mr. Speaker, I strongly urge my colleagues to support this measure so 
that it may be sent to the President for signature.
  Mr. Speaker, I yield back the balance of my time.

                              {time}  1430

  Mr. GOODLATTE. Mr. Speaker, I yield myself the balance of my time 
only to say that I very much appreciate the work on both sides of the 
aisle, particularly the gentleman from Michigan.
  This is a good, bipartisan bill which should be passed today. I urge 
my colleagues to support it.
  Mr. Speaker, I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise today in support of S. 419, the 
``Public Safety Officers' Benefits Improvement Act of 2017''.
  The Public Safety Officers' Benefits program or PSOB Program provides 
death, disability, and education benefits to public safety officers and 
their survivors.
  The PSOB Program is administered by the Bureau of Justice Assistance, 
or BJA, which is a component of the Department of Justice.
  Under the Program, the death benefit is provided to eligible 
survivors of public safety officers whose death was a direct and 
proximate result of a traumatic injury sustained in the line of duty or 
certain work-related heart attacks or strokes.
  The Program provides a disability benefit to public safety officers 
who have been permanently and totally disabled as the direct and 
proximate result of a catastrophic injury sustained in the line of 
duty, if that injury permanently prevents the officer from performing 
any gainful employment.
  The education benefit provides assistance to spouses and children of 
public safety officers killed or disabled in the line of duty who 
attend an educational program at an eligible education institution.
  All too often, these first responders and their families needlessly 
suffer months and years of uncertainty after experiencing a loss of 
life or a traumatic injury.
  This bill is a show of appreciation for the brave men and women who 
have made the ultimate sacrifice while serving in the line of duty as 
well as an expression of appreciation and support to the families of 
these first responders.
  S. 419 improves how the Department of Justice processes claims under 
the PSOB Program.
  The measure authorizes the Bureau of Justice Assistance to establish 
rules based on standards for the PSOB Program and it requires the 
Bureau of Justice Assistance to give substantial weight to evidence and 
facts

[[Page H4251]]

presented by a federal, state, or local agency when determining 
eligibility for death or disability benefits.
  These two requirements will decrease the time in which claims are 
processed, thereby reducing the backlog of families awaiting a decision 
on their benefits claim.
  S. 419 also increases the level of transparency regarding claims 
processed by requiring the Bureau of Justice Assistance to publish and 
update information on the status of pending claims.
  By requiring that updates on pending benefits claims be posted on 
public websites, the public will be able to evaluate the performance of 
the Bureau of Justice Assistance in timely processing claims.
  As we honor our fallen heroes this week during National Police Week, 
I think now is as greater a time as any to ensure that we remove 
barriers that hinder their families from obtaining benefits we promised 
them when we enacted the Public Safety Officers' Benefits Act.
  Accordingly, I strongly support S. 419.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Goodlatte) that the House suspend the 
rules and pass the bill, S. 419.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________