[Congressional Record Volume 165, Number 82 (Thursday, May 16, 2019)]
[Senate]
[Pages S2893-S2895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROTECTING AMERICA'S FIRST RESPONDERS ACT
Mr. GRASSLEY. Madam President, I ask unanimous consent that the
Senate proceed to the immediate consideration of Calendar No. 83, S.
1208.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 1208) to amend the Omnibus Crime Control and
Safe Streets Act of 1968 with respect to payments to certain
public safety officers who have become permanently and
totally disabled as a result of personal injuries sustained
in the line of duty, 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 an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting America's First
Responders Act''.
SEC. 2. PAYMENT OF DEATH AND DISABILITY BENEFITS UNDER THE
PUBLIC SAFETY OFFICERS' DEATH BENEFITS PROGRAM.
Section 1201 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10281) is amended--
(1) in subsection (b), by striking the period at the end
and inserting the following: ``, unless the claim under this
subsection has been pending for more than 1 year, in which
case the amount payable shall be the amount that would be
payable if the catastrophic injury occurred on the date on
which the Bureau makes a final determination that the public
safety officer is entitled to a benefit payment under this
subsection.'';
(2) in subsection (c), by striking ``$3,000'' and inserting
``$6,000, adjusted in accordance with subsection (h),'';
(3) in subsection (h), by inserting ``and the level of the
interim benefit payable immediately before such October 1
under subsection (c)'' after ``subsection (a)'';
(4) by striking subsection (i) and inserting the following:
``(i) The amount payable under subsection (a), with respect
to the death of a public safety officer, shall be the greater
of--
``(1) the amount payable under that subsection as of the
date of death of the public safety officer; or
``(2) the amount that would be payable under that
subsection if the death of the public safety officer occurred
on the date on which the Bureau makes a final determination
that the public safety officer is entitled to a benefit
payment under that subsection.''; and
(5) in subsection (m), by inserting ``, (b),'' after
``subsection (a)''.
SEC. 3. DEFINITIONS FOR THE PURPOSES OF THE PUBLIC SAFETY
OFFICERS' DEATH BENEFITS PROGRAM.
Section 1204 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10284) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) `catastrophic injury' means an injury, the direct and
proximate consequences of which--
``(A) permanently prevent an individual from performing any
gainful work; or
``(B) cause an individual to become--
``(i) paraplegic;
``(ii) quadriplegic; or
``(iii) blind;'';
(2) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``at the time of the public safety officer's
fatal or catastrophic injury'' and inserting ``as of the date
of the public safety officer's death from a fatal injury or
the date of determination of the public safety officer's
disability from a catastrophic injury'';
(3) in paragraph (4), by inserting ``, including an
individual who, in the capacity of the individual as such a
member, engages in scene security or traffic management as
the primary or only duty of the individual during emergency
response'' before the semicolon;
(4) by redesignating paragraphs (5) through (9) as
paragraphs (6) through (10), respectively; and
(5) by inserting after paragraph (4) the following:
``(5) `gainful work'--
``(A) means any activity usually performed for pay or
profit, regardless of whether a profit is realized; and
``(B) does not include work performed in a situation in
which, after an individual sustains an injury--
``(i) the individual--
``(I) re-enters the workforce; and
``(II) leaves the workforce after less than 90 days because
of the inability of the individual to overcome the injury;
``(ii) because of the injury--
``(I) the individual is permitted, in carrying out work,
to--
``(aa) perform at a lower standard of productivity or
efficiency than other similarly situated employees;
``(bb) work irregular hours; or
``(cc) take frequent rest periods; or
``(II) the individual is only able to work within a
framework of specially arranged circumstances, such as a
circumstance in which 1 or more other individuals are
required to assist
[[Page S2894]]
the individual in preparing for work or traveling to and from
work;
``(iii)(I) the individual practices a hobby usually
performed for pay or profit, regardless of whether a profit
is realized; and
``(II) the primary intent of the individual in practicing
the hobby described in subclause (I)--
``(aa) is physical, mental, or emotional rehabilitation of
the individual from the injury; and
``(bb) is not realization of profit; or
``(iv) the individual is given the opportunity to work--
``(I) despite the injury of the individual; and
``(II) on the basis of--
``(aa) a family relationship of the individual;
``(bb) a past association of the individual with the
employer giving the individual the opportunity to work; or
``(cc) any other altruistic reason;''.
SEC. 4. RETROACTIVE APPLICABILITY.
(a) Definitions.--For the purposes of this section--
(1) the term ``covered beneficiary'' means an individual
who--
(A) is, or was, a child or spouse of a covered individual
described in paragraph (3)(B); and
(B) would have been eligible for educational assistance
under subpart 2 of part L of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10301 et
seq.) if the amendments made by section 3 of this Act had
been in effect on the date on which the determination
described in paragraph (3)(B)(i) of this subsection was made;
(2) the term ``covered claimant'' means an individual who
is a claimant on the estate of a deceased covered
individual--
(A) described in paragraph (3)(B); and
(B) who died on or before the date of enactment of this
Act;
(3) the term ``covered individual'' means--
(A) a beneficiary of a benefit under the Public Safety
Officers' Death Benefit Program that was paid--
(i) with respect to a death or disability of a public
safety officer sustained as the direct or proximate result of
a personal injury sustained in the line of duty; and
(ii) during the covered period; or
(B) a public safety officer who--
(i) was determined during the covered period to be
ineligible for a benefit payment under section 1201(b) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10281(b)); and
(ii) would have been eligible for a benefit payment under
subpart L of that title due to the disability of the public
safety officer if the amendments made by section 3 had been
in effect on the date on which the determination described in
clause (i) was made;
(4) the term ``covered period'' means the period--
(A) beginning on the date of enactment of title XIII of the
Crime Control Act of 1990 (Public Law 101-647; 104 Stat.
4834); and
(B) ending on the day before the date of enactment of the
Protecting America's First Responders Act;
(5) the term ``public safety officer'' has the meaning
given the term in section 1204 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284);
and
(6) the term ``Public Safety Officers' Death Benefit
Program'' means the program established under part L of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10281 et seq.).
(b) Applicability.--The amendments made by sections 2 and 3
shall apply to a death or disability of a public safety
officer sustained as the direct or proximate result of a
personal injury sustained in the line of duty--
(1) subject to subsection (c), during the covered period;
or
(2) on or after the date of enactment of this Act.
(c) Payment.--
(1) In general.--Subject to paragraph (2), upon application
of a covered individual, covered beneficiary, or covered
claimant, the Bureau of Justice Assistance shall make a lump
sum payment to the covered individual, covered beneficiary,
or covered claimant in the amount equal to the difference, if
any, between--
(A) in the case of a covered individual--
(i) the amount of the total benefit payment the covered
individual would have received under the Public Safety
Officers' Death Benefit Program as of the date of the lump
sum payment, if the amendments made by sections 2 and 3 had
been in effect on the date on which the covered individual--
(I) received the final benefit payment under the Public
Safety Officers' Death Benefit Program; or
(II) was determined to be ineligible for a benefit payment
under section 1201(b) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10281(b)); and
(ii) the amount of the total benefit payment the covered
individual received under the Public Safety Officers' Death
Benefit Program before the date of enactment of this Act;
(B) in the case of a covered beneficiary, the amount of the
total benefit payment the covered beneficiary would have
received under subpart 2 of part L of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10301
et seq.) if the amendments made by section 3 of this Act had
been in effect on the date on which the determination
described in subsection (a)(3)(B)(i) of this section was
made; and
(C) in the case of a covered claimant, the amount of the
total benefit payment the covered individual on whose estate
the covered claimant is a claimant would have received under
the Public Safety Officers' Death Benefit Program as of the
date of the lump sum payment, if the amendments made by
sections 2 and 3 had been in effect on the date on which the
determination described in subsection (a)(3)(B)(i) of this
section was made.
(2) Application.--A covered individual, covered
beneficiary, or covered claimant desiring a lump sum payment
under paragraph (1) shall apply to the Bureau of Justice
Assistance for such lump sum payment not later than 3 years
after the date of enactment of this Act.
SEC. 5. DUE DILIGENCE IN PAYING BENEFIT CLAIMS UNDER THE
PUBLIC SAFETY OFFICERS' DEATH BENEFITS PROGRAM.
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 by
striking ``the Bureau may not'' and all that follows and
inserting the following: ``the Bureau--
``(1) shall use all available investigative tools,
including subpoenas, to--
``(A) expedite the processing of the benefit claim; and
``(B) obtain necessary information or documentation from
third parties, including public agencies; and
``(2) may not abandon the benefit claim unless the Bureau
has used the investigative tools available to the Bureau to
obtain the necessary information or documentation, including
subpoenas.''.
SEC. 6. EDUCATIONAL ASSISTANCE TO DEPENDENTS OF PUBLIC SAFETY
OFFICERS KILLED OR DISABLED IN THE LINE OF
DUTY.
Section 1216(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10306(b)) is amended, in
the first sentence, by striking ``may'' and inserting
``shall''.
SEC. 7. COLLECTION OF DATA ON KILLED OR DISABLED LAW
ENFORCEMENT OFFICERS.
Section 534(a) of title 28, United States Code, is
amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) operate a central clearinghouse for statistics on law
enforcement officers under the Uniform Crime Reporting
Program, including data on law enforcement officers who,
while performing their duties, were--
``(A) feloniously killed;
``(B) accidentally killed;
``(C) feloniously assaulted; or
``(D) severely and permanently disabled.''.
SEC. 8. GAO REPORT ON MEDICAL COSTS.
(a) Definition.--In this section, the term ``disabled
officer'' means a public safety officer to whom a benefit is
payable under subpart 1 of part L of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281
et seq.) based on the permanent and total disability of the
officer, as described in section 1201(b) of that subpart (34
U.S.C. 10281(b)).
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report that estimates the average medical
costs incurred by a disabled officer over the lifetime of the
officer after sustaining the injury that caused the
disability.
[[Page S2895]]
Mr. GRASSLEY. Madam President, I ask unanimous consent that the
committee-reported amendment be agreed to and the bill, as amended, be
considered read a third time.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The committee-reported amendment was agreed to.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. GRASSLEY. Madam President, I know of no further debate on the
bill, as amended.
The PRESIDING OFFICER. Is there further debate?
Hearing none, the bill having been read the third time, the question
is, Shall the bill pass?
The bill (S. 1208), as amended, was passed as follows:
(The bill (S. 1208) is printed in the Record of Monday, May 20,
2019.)
Mr. GRASSLEY. Madam President, I ask unanimous consent that the
motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRASSLEY. I yield the floor.
=========================== NOTE ===========================
On pages S2894-S2895, May 16, 2019, the following appears: The
bill (S. 1208), as amended, was passed as follows:S. 1208Be it
enacted by the Senate and House of Representativesof the United
States of America in Congress assembled,SECTION 1. SHORT
TITLE.This Act may be cited as the ``Strengthening the Department
of Homeland Security Secure Mail Initiative Act''.SEC. 2.
DEFINITIONS.In this Act-- (1) the terms ``Hold for Pickup
service'' and ``Signature Confirmation service'' mean the services
described in sections 507.3.0 and 503.8.1.1.a, respectively, of
the Domestic Mail Manual (or any successor services); (2) the term
``Immigration Examinations Fee Account'' means the account
established under section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m));(3) the term ``Postal Service''
means the United States Postal Service; and (4) the term
``Secretary'' means the Secretary of Homeland Security.SEC. 3.
OFFERING HOLD FOR PICKUP AND SIGNATURE CONFIRMATION SERVICESUNDER
THE SECURE MAIL INITIATIVE.(a) IN GENERAL.--Beginning not later
than 1 year after the date of enactment of this Act, the Secretary
shall provide for an option under the Secure Mail Initiative (or
any successor program) under which a person to whom a document is
sent under that initiative may elect, except as provided in
subsection (e), to have the Postal Service use the Hold for Pickup
service or the Signature Confirmation service in delivering the
document.(b) FEE.--(1) IN GENERAL.--The Secretary, in accordance
with section 286(m) of the Immigration and Nationality Act (8
U.S.C. 1356(m)), shall require the payment of a fee from a person
electing a service under subsection (a), which shall be set at a
level that ensures recovery of-- (A) the full costs of providing
all such services;And (B) any additional costs associated with the
administration of the fees collected. (2) ALLOCATION OF FUNDS.--Of
the fees collected under paragraph (1), the Secretary shall--(A)
deposit as offsetting receipts into the Immigration Examinations
Fee Account the portion representing--(i) the cost to the
Secretary of providing the services under subsection (a); and (ii)
any additional costs associated with the administration of the
fees collected; and(B) transfer to the Postal Service the portion
representing the cost to the Postal Service of providing the
services under subsection (a).(c) REGULATIONS.--The Postal Service
may promulgate regulations that-- (1) subject to paragraph (2),
minimize the cost of providing the services under subsection(a);
and (2) do not require the Postal Service to incur additional
expenses that are not recoverable under subsection (b).(d) NOTICE
OF CHANGES.--The Postal Service shall notify the Secretary of any
changes to the Hold for Pickup service or the Signature
Confirmation service.(e) USE OF PRIVATE CARRIER.--(1) IN
GENERAL.--If the Secretary determines that a private carrier that
offers substantially similar services to the Hold for Pickup and
Signature Confirmation services would provide better service and
value than the Postal Service provides under subsection (a), the
Secretary may, in accordance with paragraph (2) of this
subsection-- (A) discontinue use of the services of the Postal
Service under subsection (a); and (B) enter into a contract with
the private carrier under which a person to whom a document is
sent under the Secure Mail Initiative (or any successor program)
may elect to have the private carrier use one of the substantially
similar services in delivering the document.(2) REQUIREMENTS.--The
Secretary may not exercise the authority under paragraph (1)
unless the Secretary-- (A) determines, and notifies the Postal
Service, that the private carrier offers services that are
substantially similar to the Hold for Pickup and Signature
Confirmation services; (B) provides for an option under the Secure
Mail Initiative (or any successor program) under which a person to
whom a document is sent under that initiative may elect a service
under paragraph (1)(B); (C) requires the payment of a fee from a
person electing a service under paragraph (1)(B), which shall be
set at a level that ensures recovery of-- (i) the full cost of
contracting with the private carrier to provide all such services;
and (ii) any additional costs associated with the administration
of the fees collected; and(D) deposits the fees collected under
subparagraph (C) as offsetting receipts into the Immigration
Examinations Fees Account.SEC. 4. REPORT.Not later than 2 years
after the date of enactment of this Act, the Secretary shall
submit to Congress a report that describes-- (1) the
implementation of the requirements under section 3; (2) the fee
imposed under subsection (b) or (e)(2)(C), as applicable, of
section 3; and(3) the number of times during the previous year
that a person used a service under subsection (a) or (e)(1)(B) of
section 3.Mr. GRASSLEY. Madam President, I ask unanimous consent
that the motionto reconsider be considered made and laid upon the
table.The PRESIDING OFFICER. Without objection, it is so
ordered.Mr. GRASSLEY. I yield the floor.
The online Record has been corrected to read:The bill (S. 1208),
as amended, was passed as follows:(The bill (S. 1208) is printed
in the Record of Monday, May 20, 2019.) Mr. GRASSLEY. Madam
President, I ask unanimous consent that the motionto reconsider be
considered made and laid upon the table.The PRESIDING OFFICER.
Without objection, it is so ordered.Mr. GRASSLEY. I yield the
floor.
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