[Congressional Record Volume 165, Number 84 (Monday, May 20, 2019)]
[Senate]
[Pages S2981-S2982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


               PROTECTING AMERICA'S FIRST RESPONDERS ACT

  On Thursday, May 16, 2019, the Senate passed S. 1208, as follows:

                                S. 1208

       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 ``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 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.

[[Page S2982]]

     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.

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