[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.
____________________