[Congressional Record Volume 167, Number 189 (Wednesday, October 27, 2021)]
[House]
[Pages H5948-H5953]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           PROTECTING AMERICA'S FIRST RESPONDERS ACT OF 2021

  Ms. JACKSON LEE. Mr. Speaker, I move to suspend the rules and pass 
the bill (S. 1511) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 1511

       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 of 2021''.

     SEC. 2. PAYMENT OF DEATH AND DISABILITY BENEFITS UNDER 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 (a), in the matter preceding paragraph 
     (1)--
       (A) by striking ``the Bureau shall pay''; and
       (B) by inserting ``, and calculated in accordance with 
     subsection (i), shall be payable by the Bureau'' after 
     ``subsection (h)''.
       (2) in subsection (b)--
       (A) by striking ``the Bureau shall pay the same benefit'' 
     and inserting ``a benefit shall be payable'';
       (B) by striking ``that is payable under subsection (a) with 
     respect to the date on which the catastrophic injury 
     occurred,'' and inserting ``in the same amount that would be 
     payable, as of the date such injury was sustained 
     (including'';
       (C) by inserting ``, and calculated in accordance with 
     subsection (i)), if such determination were a determination 
     under subsection (a)'' before ``: Provided, That''; and
       (D) by striking ``necessary:'' and all that follows and 
     inserting ``necessary.'';
       (3) in subsection (c), by striking ``$3,000'' and inserting 
     ``$6,000, adjusted in accordance with subsection (h),'';
       (4) in subsection (h), by striking ``subsection (a)'' and 
     inserting ``subsections (a) and (b) and the level of the 
     interim benefit payable immediately before such October 1 
     under subsection (c)'';
       (5) by striking subsection (i) and inserting the following:
       ``(i) The amount payable under subsections (a) and (b), 
     with respect to the death or permanent and total disability 
     of a public safety officer, shall be the greater of--
       ``(1) the amount payable under the relevant subsection as 
     of the date of death or of the catastrophic injury of the 
     public safety officer; or
       ``(2) in any case in which the claim filed thereunder has 
     been pending for more than 365 days at the time of final 
     determination by the Bureau, the amount that would be payable 
     under the relevant subsection if the death or the 
     catastrophic injury of the public safety officer had occurred 
     on the date on which the Bureau makes such final 
     determination.''; and
       (6) in subsection (m), by inserting ``, (b),'' after 
     ``subsection (a)''.

     SEC. 3. DEFINITIONS WITH RESPECT TO 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 redesignating paragraphs (1), (2), (3), (4), (5), 
     (6), (7), (8), and (9) as paragraphs (4), (5), (6), (7), (8), 
     (9), (10), (13), and (14), respectively;
       (2) by striking paragraph (4), as so redesignated, and 
     inserting:
       ``(4) `catastrophic injury' means an injury, the direct and 
     proximate result of which is to permanently render an 
     individual functionally incapable (including through a 
     directly and proximately resulting neurocognitive disorder), 
     based on the state of medicine on the date on which the claim 
     is determined by the Bureau, of performing work, including 
     sedentary work: Provided, That, if it appears that a claimant 
     may be functionally capable of performing work--
       ``(A) the Bureau shall disregard work where any 
     compensation provided is de minimis, nominal, honorary, or 
     mere reimbursement of incidental expenses, such as--
       ``(i) work that involves ordinary or simple tasks, that 
     because of the claimed disability, the claimant cannot 
     perform without significantly more supervision, 
     accommodation, or assistance than is typically provided to an 
     individual without the claimed disability doing similar work;
       ``(ii) work that involves minimal duties that make few or 
     no demands on the claimant and are of little or no economic 
     value to the employer; or
       ``(iii) work that is performed primarily for therapeutic 
     purposes and aids the claimant in the physical or mental 
     recovery from the claimed disability; and
       ``(B) the claimant shall be presumed, absent clear and 
     convincing medical evidence to the contrary as determined by 
     the Bureau, to be functionally incapable of performing such 
     work if the direct and proximate result of the injury renders 
     the claimant--
       ``(i) blind;
       ``(ii) parapalegic; or
       ``(iii) quadriplegic;'';
       (3) in paragraph (6), as so redesignated, by striking ``at 
     the time of the public safety officer's fatal or catastrophic 
     injury'' and inserting ``at the time of the public safety 
     officer's death or fatal injury (in connection with any claim 
     predicated upon such death or injury) or the date of the 
     public safety officer's catastrophic injury or of the final 
     determination by the Bureau of any claim predicated upon such 
     catastrophic injury'';
       (4) in paragraph (7), as so redesignated, by inserting ``, 
     including an individual who, 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;
       (5) in paragraph (9), as so redesignated by striking 
     ``delinquency).,'' and inserting ``delinquency),'';
       (6) in paragraph (13), as so redesignated, by inserting ``, 
     and includes (as may be prescribed by regulation hereunder) a 
     legally organized volunteer fire department that is a 
     nonprofit entity and provides services without regard to any 
     particular relationship (such as a subscription) a member of 
     the public may have with such a department'' before the 
     semicolon;
       (7) in paragraph (14), as so redesignated,--
       (A) by striking subparagraph (A) and inserting:
       ``(A) an individual serving a public agency in an official 
     capacity, with or without compensation, as a law enforcement 
     officer, as a firefighter, or as a chaplain: Provided, That 
     (notwithstanding section 1205(b)(2) or (3)) the Bureau shall, 
     absent clear and convincing evidence to the contrary as 
     determined by the Bureau, deem the actions outside of 
     jurisdiction taken by any such law enforcement officer or 
     firefighter, to have been taken while serving such public 
     agency in such capacity, in any case in which the principal 
     legal officer of such public agency, and the head of such 
     agency, together, certify that such actions--
       ``(i) were not unreasonable;
       ``(ii) would have been within the authority and line of 
     duty of such law enforcement officer or such firefighter to 
     take, had they been taken in a jurisdiction where such law 
     enforcement officer or firefighter was authorized to act, in 
     the ordinary course, in an official capacity; and
       ``(iii) would have resulted in the payment of full line-of-
     duty death or disability benefits (as applicable), if any 
     such benefits typically were payable by (or with respect to 
     or on behalf of) such public agency, as of the date the 
     actions were taken;'';
       (B) by redesignating subparagraphs (B), (C), (D), and (E) 
     as subparagraphs (C), (D), (E), and (F), respectively;
       (C) by inserting after subparagraph (A), the following new 
     subparagraph:

[[Page H5949]]

       ``(B) a candidate officer who is engaging in an activity or 
     exercise that itself is a formal or required part of the 
     program in which the candidate officer is enrolled or 
     admitted, as provided in this section;''; and
       (D) by striking subparagraph (E), as so redesignated, and 
     inserting the following:
       ``(E) a member of a rescue squad or ambulance crew who, as 
     authorized or licensed by law and by the applicable agency or 
     entity, is engaging in rescue activity or in the provision of 
     emergency medical services: Provided, That (notwithstanding 
     section 1205(b)(2) or (3)) the Bureau shall, absent clear and 
     convincing evidence to the contrary as determined by the 
     Bureau, deem the actions outside of jurisdiction taken by any 
     such member to have been thus authorized or licensed, in any 
     case in which the principal legal officer of such agency or 
     entity, and the head of such agency or entity, together, 
     certify that such actions--
       ``(i) were not unreasonable;
       ``(ii) would have been within the authority and line of 
     duty of such member to take, had they been taken in a 
     jurisdiction where such member was authorized or licensed by 
     law and by a pertinent agency or entity to act, in the 
     ordinary course; and
       ``(iii) would have resulted in the payment of full line-of-
     duty death or disability benefits (as applicable), if any 
     such benefits typically were payable by (or with respect to 
     or on behalf of) such applicable agency or entity, as of the 
     date the action was taken;'';
       (8) by inserting before paragraph (4), as so redesignated, 
     the following new paragraphs:
       ``(1) `action outside of jurisdiction' means an action, not 
     in the course of any compensated employment involving either 
     the performance of public safety activity or the provision of 
     security services, by a law enforcement officer, firefighter, 
     or member of a rescue squad or ambulance crew that--
       ``(A) was taken in a jurisdiction where--
       ``(i) the law enforcement officer or firefighter then was 
     not authorized to act, in the ordinary course, in an official 
     capacity; or
       ``(ii) the member of a rescue squad or ambulance crew then 
     was not authorized or licensed to act, in the ordinary 
     course, by law or by the applicable agency or entity;
       ``(B) then would have been within the authority and line of 
     duty of--
       ``(i) a law enforcement officer or a firefighter to take, 
     who was authorized to act, in the ordinary course, in an 
     official capacity, in the jurisdiction where the action was 
     taken; or
       ``(ii) a member of a rescue squad or ambulance crew to 
     take, who was authorized or licensed by law and by a 
     pertinent agency or entity to act, in the ordinary course, in 
     the jurisdiction where the action was taken; and
       ``(C) was, in an emergency situation that presented an 
     imminent and significant danger or threat to human life or of 
     serious bodily harm to any individual, taken--
       ``(i) by a law enforcement officer--

       ``(I) to prevent, halt, or respond to the immediate 
     consequences of a crime (including an incident of juvenile 
     delinquency); or
       ``(II) while engaging in a rescue activity or in the 
     provision of emergency medical services;

       ``(ii) by a firefighter--

       ``(I) while engaging in fire suppression; or
       ``(II) while engaging in a rescue activity or in the 
     provision of emergency medical services; or

       ``(iii) by a member of a rescue squad or ambulance crew, 
     while engaging in a rescue activity or in the provision of 
     emergency medical services;
       ``(2) `candidate officer' means an individual who is 
     enrolled or admitted, as a cadet or trainee, in a formal and 
     officially established program of instruction or of training 
     (such as a police or fire academy) that is specifically 
     intended to result upon completion, in the--
       ``(A) commissioning of such individual as a law enforcement 
     officer;
       ``(B) conferral upon such individual of official authority 
     to engage in fire suppression (as an officer or employee of a 
     public fire department or as an officially recognized or 
     designated member of a legally organized volunteer fire 
     department); or
       ``(C) granting to such individual official authorization or 
     license to engage in a rescue activity, or in the provision 
     of emergency medical services, as a member of a rescue squad, 
     or as a member of an ambulance crew that is (or is a part of) 
     the agency or entity that is sponsoring the individual's 
     enrollment or admission;
       ``(3) `blind' means an individual who has central visual 
     acuity of 20/200 or less in the better eye with the use of a 
     correcting lens or whose eye is accompanied by a limitation 
     in the fields of vision such that the widest diameter of the 
     visual field subtends an angle no greater than 20 degrees;''; 
     and
       (9) in the matter following paragraph (10), as so 
     redesignated, by inserting the following new paragraphs:
       ``(11) `neurocognitive disorder' means a disorder that is 
     characterized by a clinically significant decline in 
     cognitive functioning and may include symptoms and signs such 
     as disturbances in memory, executive functioning (that is, 
     higher-level cognitive processes, such as, regulating 
     attention, planning, inhibiting responses, decision-making), 
     visual-spatial functioning, language, speech, perception, 
     insight, judgment, or an insensitivity to social standards; 
     and
       ``(12) `sedentary work' means work that--
       ``(A) involves lifting articles weighing no more than 10 
     pounds at a time or occasionally lifting or carrying articles 
     such as docket files, ledgers, or small tools; and
       ``(B) despite involving sitting on a regular basis, may 
     require walking or standing on an occasional basis.''.

     SEC. 4. DUE DILIGENCE IN PAYING BENEFIT CLAIMS UNDER 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) may use available investigative tools, including 
     subpoenas, to--
       ``(A) adjudicate or to expedite the processing of the 
     benefit claim, if the Bureau deems such use to be necessary 
     to adjudicate or conducive to expediting the adjudication of 
     such claim; and
       ``(B) obtain information or documentation from third 
     parties, including public agencies, if the Bureau deems such 
     use to be necessary to adjudicate or conducive to expediting 
     the adjudication of a claim; and
       ``(2) may not abandon the benefit claim unless the Bureau 
     has used investigative tools, including subpoenas, to obtain 
     the information or documentation deemed necessary to 
     adjudicate such claim by the Bureau under subparagraph 
     (1)(B).''.

     SEC. 5. EDUCATIONAL ASSISTANCE TO DEPENDENTS OF CERTAIN 
                   PUBLIC SAFETY OFFICERS.

       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 
     (unless prospective assistance has been provided)''.

     SEC. 6. TECHNICAL CORRECTION.

        Section 1205(e)(3)(B) of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (34 U.S.C. 10285(e)(3)(B)) is 
     amended by striking ``subparagraph (B)(ix)'' and inserting 
     ``subparagraph (I)''.

     SEC. 7. SUBPOENA POWER.

       Section 806 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (34 U.S.C. 10225) is amended--
       (1) by inserting ``Attorney General, the'' before the 
     ``Bureau of Justice Assistance'';
       (2) by striking ``may appoint'' and inserting ``may appoint 
     (to be assigned or employed on an interim or as-needed basis) 
     such hearing examiners (who shall, if so designated by the 
     Attorney General, be understood to be comprised within the 
     meaning of ``special government employee'' under section 202 
     of title 18, United States Code)'';
       (3) by striking ``under this chapter. The'' and inserting 
     ``or other law. The Attorney General, the''; and
       (4) by inserting ``conduct examinations'' after ``examine 
     witnesses,''.

     SEC. 8. EFFECTIVE DATE; APPLICABILITY.

       (a) In General.--Except as otherwise provided in this 
     section, the amendments made by this Act shall take effect on 
     the date of enactment of this Act.
       (b) Applicability.--
       (1) Certain injuries.--The amendments made to paragraphs 
     (2) and (7) of section 1204 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (34 U.S.C. 10284) shall 
     apply with respect to injuries occurring on or after January 
     1, 2008.
       (2) Matters pending.--Except as provided in paragraph (1), 
     the amendments made by this Act shall apply to any matter 
     pending, before the Bureau or otherwise, on the date of 
     enactment of this Act, or filed (consistent with pre-existing 
     effective dates) or accruing after that date.
       (c) Effective Date for WTC Responders.--
       (1) Certain new claims.--Not later than two years after the 
     effective date of this Act, a WTC responder may file a claim, 
     under section 1201(b) of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (34 U.S.C. 10281(b)), that is 
     predicated on a personal injury sustained in the line of duty 
     by such responder as a result of the September 11, 2001, 
     attacks, where--
       (A) no claim under such section 1201(b) so predicated has 
     previously been filed; or
       (B) a claim under such section 1201(b) so predicated had 
     previously been denied, in a final agency determination, on 
     the basis (in whole or in part) that the claimant was not 
     totally disabled.
       (2) Claims for a deceased wtc responder.--Not later than 
     two years after the effective date of this Act, a claim may 
     be filed, constructively under section 1201(a) of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (34 
     U.S.C. 10281(a)), where a WTC responder who otherwise could 
     have filed a claim pursuant to paragraph (1) has died before 
     such effective date (or dies not later than 365 days after 
     such effective date), or where a WTC responder has filed such 
     a claim but dies while it is pending before the Bureau: 
     Provided, That--
       (A) no claim under such section 1201(a) otherwise shall 
     have been filed, or determined, in a final agency 
     determination; and
       (B) if it is determined, in a final agency determination, 
     that a claim under such paragraph (1) would have been payable 
     had the WTC responder not died, then the WTC responder shall 
     irrebutably be presumed (solely for purposes of determining 
     to whom benefits otherwise pursuant to such paragraph (1) may 
     be payable under the claim filed constructively under such 
     section 1201(a)) to have died as the direct and proximate 
     result of the injury on which the claim under such paragraph 
     (1) would have been predicated.
       (3) Difference in benefit pay.--In the event that a claim 
     under section 1201(b) of

[[Page H5950]]

     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (34 U.S.C. 10281(b)) and predicated on an injury 
     sustained in the line of duty by a WTC responder as a result 
     of the September 11, 2001, attacks was approved, in a final 
     agency determination, before the effective date of this Act, 
     the Bureau shall, upon application filed (not later than 
     three years after such effective date of this Act) by the 
     payee (or payees) indicated in subparagraphs (A) or (B), pay 
     a bonus in the amount of the difference (if any) between the 
     amount that was paid pursuant to such determination and the 
     amount that would have been payable had the amendments made 
     by this Act, other than those indicated in subsection (b)(1), 
     been in effect on the date of such determination--
       (A) to the WTC responder, if living on the date the 
     application is determined, in a final agency determination; 
     or
       (B) if the WTC responder is not living on the date 
     indicated in subparagraph (A), to the individual (or 
     individuals), if living on such date, to whom benefits would 
     have been payable on such date under section 1201(a) of such 
     title I (34 U.S.C. 10281(a)) had the application been, 
     instead, a claim under such section 1201(a).
       (4) Special limited rule of construction.--A claim filed 
     pursuant to paragraph (1) or (2) shall be determined as 
     though the date of catastrophic injury of the public safety 
     officer were the date of enactment of this Act, for purposes 
     of determining the amount that may be payable.

     SEC. 9. SAFEGUARDING AMERICA'S FIRST RESPONDERS.

       Section 3 of Safeguarding America's First Responders Act of 
     2020 (Public Law 116-157) is amended--
       (1) in subsection (a)(1), by striking ``between January 1, 
     2020, and December 31, 2021'' and inserting ``during the 
     period beginning on January 1, 2020, and ending on the 
     termination date'' and
       (2) in subsection (b)(1), by striking ``between January 1, 
     2020, and December 31, 2021'' and inserting ``during the 
     period beginning on January 1, 2020, and ending on the 
     termination date''; and
       (3) by adding at the end the following:
       ``(c) Termination Date.--For purposes of this section, the 
     term `termination date' means the earlier of--
       ``(1) the date on which the public health emergency 
     declared by the Secretary of Health and Human Services under 
     section 319 of the Public Health Service Act (42 U.S.C. 247d) 
     on January 31, 2020, with respect to the Coronavirus Disease 
     (COVID-19), expires; and
       ``(2) December 31, 2023.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Texas (Ms. Jackson Lee) and the gentleman from Oregon (Mr. Bentz) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Texas.


                             General Leave

  Ms. JACKSON LEE. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Texas?
  There was no objection.
  Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I support S. 1511, the Protecting America's First 
Responders Act of 2021, which will make important improvements to the 
Department of Justice Public Safety Officers' Benefits Program.
  Every 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, some of those brave men and women make the 
ultimate sacrifice and 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 families of these 
officers, as well as to officers who are disabled as a result of their 
service.
  A death benefit is provided to eligible survivors of public safety 
officers whose deaths are sustained in or due to actions in the line of 
duty.

                              {time}  1330

  An education benefit is provided to spouses and children of public 
safety officers killed or disabled while on duty, and the program 
provides disability benefits to officers catastrophically injured in 
the line of duty.
  This program provides critical support to these officers and their 
families, and it is important that Congress continually oversee 
implementation and periodically update it to make it more effective and 
more efficient. That is what this bill would do.
  Specifically, the bill would expand the program's restrictive 
definition of disability so that permanently disabled first responders 
are able to perform work for therapeutic purposes, work that involves 
simple tasks, or work that provides special accommodations and still 
receive PSOB benefits.
  The bill would provide for retroactive disability benefits to public 
safety officers who responded to the September 11, 2001, terrorist 
attacks, allowing those first responders who became permanently 
disabled as a result of their work at Ground Zero to reapply for 
disability benefits under the bill's expanded disability definition.
  I am not from New York. I represent Texas. But I was at the edge of 
the creation of the Homeland Security Committee, which was generated 
around the tragic terrorist acts of 9/11, and interacted with those 
individuals who, time after time, went onto the smoldering grounds of 
Ground Zero to recover the remains of all who had fallen on that day.
  They never stopped, Mr. Speaker, month after month, day after day. We 
honored those persons in the 20th commemoration of 9/11. I will speak 
about that as we continue this debate. There was no more moving, 
powerful, tragic, or devastating a moment in America's life, among 
others.
  This bill would address lengthy delays in processing benefit claims 
by permitting the DOJ to use subpoena power to expedite claims so that 
impacted officers and families aren't left waiting for their owed 
relief during the most difficult of times.
  For cases pending longer than 365 days, the bill would index the 
award amount to the date of the final determination, rather than the 
date of death or injury, so that families aren't financially penalized 
for any delays.
  The bill would extend benefits to certain public safety officers not 
currently covered, including Good Samaritan officers who act outside of 
their jurisdiction in an emergency situation, trainee officers, and 
fire police who handle traffic and crime scene management.
  The bill would close a loophole in the program where children born 
after the death or disability of a public safety officer are not able 
to receive education benefits and mandate that the DOJ provide backpay 
of educational benefits to children previously left out.
  Finally, this bill also includes an extension of Safeguarding 
America's First Responders Act concerning the provision of benefits for 
officers who contract COVID-19 in the line of duty.
  I thank the gentleman from New Jersey, my dear friend, Representative 
Bill Pascrell, for his leadership of the House companion to this bill 
and his longstanding service as champion of the Congressional Fire 
Services Caucus, which I am delighted to have been a part of, and I 
urge all of my colleagues to support this bill today.
  Mr. Speaker, I support S. 1511, the ``Protecting America's First 
Responders Act of 2021,'' which will make important improvements to the 
Department of Justice's Public Safety Officers' Benefits program.
  Every 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, some of these brave men and women make the ultimate 
sacrifice and die while in the line of duty.
  The Public Safety Officers' Benefit 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.
  A death benefit is provided to eligible survivors of public safety 
officers whose deaths are sustained in or due to actions in the line of 
duty.
  An education benefit is provided to spouses and children of public 
safety officers killed or disabled while on duty.
  And, the Program provides disability benefits to officers 
catastrophically injured in the line-of-duty.
  This Program provides critical support to these officers and their 
families, and it is important that Congress continually oversee its 
implementation and periodically update it to make it more effective and 
more efficient. That is what this bill would do.
  Specifically, the bill would expand the Program's restrictive 
definition of disability so that permanently disabled first responders 
are able to perform work for therapeutic purposes, work that involves 
simple tasks, or work that provides special accommodations and still 
receive PSOB benefits.

[[Page H5951]]

  The bill would provide for retroactive disability benefits to public 
safety officers who responded to the September 11, 2001 terrorist 
attacks, allowing those first responders who became permanently 
disabled as a result of their work at Ground Zero to re-apply for 
disability benefits under the bill's expanded disability definition.
  The bill would address lengthy delays in processing benefit claims by 
permitting DOJ to use subpoena power to expedite claims, so that 
impacted officers and families aren't left waiting for their owed 
relief during the most difficult of times.
  For cases pending longer than 365 days, the bill would index the 
award amount to the date of final determination, rather than the date 
of death or injury, so families aren't financially penalized for any 
delays.
  The bill would extend benefits to certain public safety officers not 
currently covered, including Good Samaritan officers who act outside of 
their jurisdiction in an emergency situation, trainee officers, and 
fire-police who handle traffic and crime scene management.
  And the bill would close a loophole in the Program where children 
born after the death or disability of a public safety officer are not 
able to receive education benefits, and mandate that DOJ provide back 
pay of educational benefits to children previously left out.
  Finally, this bill also includes an extension of the Safeguarding 
America's First Responders Act concerning the provision of benefits for 
officers who contract COVID-19 in the line of duty.
  I thank the Gentleman from New Jersey, Representative Bill Pascrell, 
for his leadership of the House companion to this bill, and I urge all 
my colleagues to support this bill today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BENTZ. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of S. 1511, the Protecting America's 
First Responders Act of 2021. This bill is about taking care of our 
Federal, State, and local public safety officers who are working on the 
front lines every day to protect us. Our Nation's law enforcement 
officers need our support now more than ever.
  Over the past year, we have seen violent crime rise in nearly every 
major urban area. During this spike in violence, we have seen city 
councils defund their police departments, taking vital resources away 
from the brave men and women who protect us day in and day out. On top 
of that, our law enforcement officers are dealing with all of the 
complications of the COVID-19 pandemic.
  According to the Fraternal Order of Police, over 700 public safety 
officers have tragically lost their lives due to COVID-19. That number 
will inevitably continue to rise.
  The Department of Justice's Public Safety Officers' Benefits Program 
provides assistance to officers and their families in the event that 
they lose their lives or are catastrophically injured in the line of 
duty. The PSOB Program reviews over a thousand claims submitted every 
year.
  The program provides a one-time, lump-sum payment of $370,000 for 
officers who lose their lives or are catastrophically injured in the 
line of duty. The payment amount is adjusted annually based on the 
Consumer Price Index. Each claimant's payment amount is determined by 
the date of the injury or death, but the claim may take years to 
adjudicate.
  This bill corrects this inequity by requiring that payment amounts be 
determined by the date of adjudication for any claim that has been 
pending for over a year. This will help these law enforcement officers 
and their families account for increased cost of living and other 
expenses that are subject to inflation during these lengthy 
adjudication periods.
  The PSOB Program also provides interim payments for death claims if 
the claimant is likely to receive an award under the program, but the 
interim payment amount has not increased since 1976. This bill will 
increase those interim payments for death claims from $3,000 to $6,000 
and require annual adjustments based on the Consumer Price Index to 
ensure that Congress will not need to make further adjustments in the 
future.
  The PSOB Program also provides educational benefits of $1,200 a month 
to children of public safety officers who have been killed or disabled 
in the line of duty. Here, too, many of these claims for education 
benefits are not adjudicated in a timely fashion, and many children do 
not receive these benefits. This bill will provide backpay to the 
children of fallen and disabled public safety officers who qualify for 
benefits but failed to receive benefits due to a delay in processing 
these claims.
  Finally, this bill will update the PSOB Program's definition of 
disability to ensure that law enforcement officers who are permanently 
unable to secure meaningful, gainful employment following a 
catastrophic injury in the line of duty remain eligible for benefits.
  This is a critical and necessary piece of legislation, and I am proud 
to support a bill that takes care of the men and women of our law 
enforcement community.
  Mr. Speaker, I urge my colleagues to join me in supporting this bill, 
and I reserve the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, it is my privilege to yield again to 
the distinguished gentleman from New Jersey, Mr. Pascrell, who I have 
worked with, as have many others, as he has been on the front lines of 
helping first responders. He continues to do it, and I will continue to 
work with him.
  Mr. Speaker, I yield 5 minutes to the gentleman from New Jersey (Mr. 
Pascrell).
  Mr. PASCRELL. Mr. Speaker, I thank the gentlewoman for yielding.
  It is good to have something bipartisan on this floor, I will tell 
you that.
  Mr. Speaker, during this devastating pandemic, our Nation's first 
responders have stood heroically on the very front lines keeping 
communities across America safe. Our firefighters, police, and EMS go 
to work every day, and they risk their lives and the lives of their 
families.
  In my own district, we lost Paterson police officer Frank Scorpo and 
Passaic firefighter Israel Tolentino to COVID. These men made the 
ultimate sacrifice for their communities.
  My heart bleeds for all of our fallen first responders and their 
families. Last year was the deadliest ever for our Nation's public 
safety officers. COVID has made it clear as day that more must be done 
to support these heroes.
  As long-time co-chair of the Law Enforcement Caucus and the Fire 
Services Caucus, I have been proud to lead efforts to pass the 
bipartisan Protecting America's First Responders Act with Senator Chuck 
Grassley.
  I want to thank Senator Grassley for working together to get this 
bill across the finish line. He has been a good partner to shepherd 
this through the other Chamber.
  Currently, the Public Safety Officers' Benefits Program only provides 
disability benefits to first responders who can never again perform any 
compensated work at all. This is so restrictive that officers 
practically need to be in a vegetative state to qualify.
  Our bill will guarantee that first responders and their families get 
their owed benefits without delay or red tape.
  Our legislation will expand the disability definition so permanently 
injured first responders can still receive benefits and perform work 
that is for therapeutic purposes, involves simple tasks, and provides 
special accommodations.
  Our legislation also provides retroactive disability benefits to 
injured 9/11 first responders.
  The bill extends these critical officer safety benefits to groups 
unfairly left out of the program. This includes trainees, fire police 
officers, and Good Samaritan first responders who protect the public 
while off duty.
  Importantly, our bill extends the statutory presumption that 
guarantees the families of first responders fallen to COVID-19 receive 
full public safety officer benefits.
  I was glad to work alongside Chairman Nadler to pass this presumption 
into law last year. I thank him for his efforts to bring the Protecting 
America's First Responders Act to the floor today. It is especially 
important because our bill provides an extension of this critical 
provision.
  Finally, I want to recognize the fire and police organizations who 
support our bill. Thank you to the Fraternal Order of Police, the 
Federal Law Enforcement Officers Association, the National Association 
of Police Organizations, the International Association of Fire Chiefs, 
and the National Volunteer Fire Council. I especially want to

[[Page H5952]]

recognize the International Association of Fire Fighters for their 
recent support.
  Mr. Speaker, I include in the Record statements from each of these 
organizations.

 Stakeholder Support for Protecting America's First Responders Act (S. 
                           1511 / H.R. 2936)

       Edward A. Kelly, General President of the International 
     Association of Firefighters (IAFF): ``On behalf of the 
     325,000 professional fire fighters and emergency medical 
     personnel of the International Association of Fire Fighters, 
     I respectfully request you vote in favor of S. 1511, the 
     Protecting America's First Responders Act (PAFRA). This 
     bipartisan legislation will help ensure the families of fire 
     fighters and emergency medical personnel who are disabled or 
     die in the line of duty receive the compensation and benefits 
     they deserve.
       The Public Safety Officer Benefit (PSOB) provides 
     guaranteed death and disability benefits to emergency 
     responders who die or are disabled in the line of duty. 
     Unfortunately, current law places significant limits on 
     program awards, leaving the families of deceased or injured 
     public safety officers without deserved recompense. PAFRA 
     corrects these oversights by ensuring disabled responders may 
     qualify for necessary benefits, extending benefits to fire 
     department cadets who are killed or injured in the course of 
     their training, extending benefits to children of public 
     safety officers who had not been born at the time of the 
     officer's death or disability, and extending benefits for 
     officers who die from COVID-19 for the duration of the public 
     health emergency.
       Fire fighters and emergency medical responders make 
     significant sacrifices to serve their communities everyday, 
     and should not need to worry about their families' financial 
     security should they sustain lasting injuries or lose their 
     life in the line of duty. PAFRA will help ensure responders' 
     families are cared for in the face of catastrophe, and 
     deserves your affirmative vote.''
       Ken Stuebing, Acting President and Chairman of the Board of 
     the International Association of Fire Chiefs (IAFC): ``I 
     would like to thank Representative Pascrell for introducing 
     the Protecting America's First Responders Act. This 
     legislation would revise the Public Safety Officers' Benefits 
     program to provide necessary assistance to more families of 
     fallen public safety officers during their time of need. The 
     IAFC looks forward to working with Congress to pass this 
     important legislation.''
       Steven W. Hirsch, Chair of the National Volunteer Fire 
     Council (NVFC): ``PAFRA makes important improvements to the 
     process by which public safety officers are able to access 
     the Public Safety Officers' Benefits (PSOB) Disability 
     Program. It also makes necessary changes to how PSOB claims 
     are paid to the survivors of public safety officers who died 
     of occupational illnesses related to work at Ground Zero 
     after 9/11. Finally, I am very pleased that the PAFRA 
     includes language clarifying that members of volunteer fire 
     departments who perform scene security and traffic management 
     duties at emergency scenes are public safety officers''
       Patrick Yoes, National President of the Fraternal Order of 
     Police (FOP): ``The PSOB program is currently burdened with 
     unreasonable definitions of the terms `catastrophic injury' 
     and `gainful work' that prevent officers who are disabled in 
     the line of duty from receiving the benefits to which they 
     are entitled. This legislation addresses this issue by making 
     the PSOB standards more consistent with similar Federal 
     benefit for programs which will improve the ability of our 
     injured and disabled officers to have their claims processed 
     more fairly and more quickly''
       Larry Cosme, National President of the Federal Law 
     Enforcement Officers Association (FLEOA): ``FLEOA fought for 
     years to have the Public Safety Officers' Benefits (PSOB) 
     program created in order to support officers killed or 
     injured in the line of duty. Congress meant for this 
     important program to support officers and their families. 
     Unfortunately far too many officers are unable to qualify for 
     any type of disability benefit due to how the law was 
     written, including heroic 9/11 responders who continue to 
     face lingering health issues metastasizing years later after 
     the attack. FLEOA appreciates the bipartisan and bicameral 
     leadership of Representative Pascrell and Senator Grassley to 
     ensure officers are able to access the PSOB program benefits 
     they are entitled to and have earned, and look forward to 
     working with their offices and other champions in Congress to 
     advance this critical reform''
       Bill Johnson, Executive Director of the National 
     Association of Police Organizations (NAPO): ``The goal of the 
     Protecting America's First Responders Act is to help protect 
     the ability of survivors, disabled officers and their 
     families to get the death and disability benefits they so 
     rightly deserve. This important legislation will ensure that 
     officers who are disabled in the line of duty are not left 
     behind by the Public Safety Officers' Benefits (PSOB) Program 
     and that all children of our fallen or disabled heroes are 
     able to benefit from the Public Safety Officers' Education 
     Assistance Program. NAPO supports the efforts of 
     Representative Pascrell and Senator Grassley to ensure that 
     America's public safety officers, who put their lives on the 
     line every day in service to our nation, get the benefits 
     promised to them, and we thank him for his leadership on this 
     issue.''

  Mr. PASCRELL. Mr. Speaker, the past 18 months have been difficult for 
our communities, difficult for all Americans. It has been especially 
unbearable for our men and women in uniform.
  These brave individuals have protected us at our lowest moment. The 
least we can do is protect the benefits they have earned and stand with 
them.
  Mr. BENTZ. Mr. Speaker, I reserve the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I yield 1 minute to the gentleman from 
California (Mr. Ruiz), who is a committed emergency medicine physician 
and chair of the Hispanic Caucus and co-chair of the bipartisan COVID-
19 Task Force.
  Mr. RUIZ. Mr. Speaker, I rise today in support of S. 1511, the 
Protecting America's First Responders Act. This bill will go a long way 
in supporting the families of fallen officers and improving the Public 
Safety Officers' Benefits Program.
  Improving the PSOB program has been a longstanding priority of mine. 
In fact, today's legislation includes a provision from my bill, the 
Heroes Lesley Zerebny and Gil Vega First Responders Survivors Support 
Act, which fixes the benefit determination date so that families don't 
lose out on thousands of dollars because of bureaucratic delays.
  In addition to passing today's legislation, we must also increase the 
PSOB death and disability benefit to get our law enforcement families 
the benefits they have earned and deserve.
  I look forward to working with Chairman Nadler to build on today's 
success and passing my bill, the First Responders Survivors Support 
Act, to raise the PSOB benefit this Congress.
  Mr. Speaker, I urge my colleagues to support the families of our 
Nation's law enforcement officers and vote ``yes'' on the Protecting 
America's First Responders Act.
  Mr. BENTZ. Mr. Speaker, I reserve the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I yield 1 minute to the gentleman from 
Connecticut (Mr. Courtney), another committed advocate for first 
responders and who has continued his work on that issue.
  Mr. COURTNEY. Mr. Speaker, I rise in support of the Protecting 
America's First Responders Act. This is an important bill that includes 
a provision that I have worked on for the last three Congresses to 
extend the PSOB program to fire police officers.
  A dozen States have officers designated by law as fire police, who 
provide critical support at the scenes of fires, explosions, and 
serious accidents. They secure the perimeter so that other first 
responders can do their work safely.
  However, because there is no uniform national designation for fire 
police, the current PSOB program doesn't cover these officers, even if 
they are killed or seriously injured on the job, which sadly has 
occurred.
  It is only right that they receive the same protection as other 
public safety officers. This bill eliminates this exclusion and ensures 
that fire police and their families get the same benefits others do who 
provide first responder work.
  I want to acknowledge the Gales Ferry Fire Department and Ledyard, 
Connecticut, Fire Chief Anthony Saccone, who has tirelessly advocated 
for fire police over the last few years. Thanks to their advocacy and 
engagement and Mr. Pascrell's great support, we will finally send this 
fix to the President's desk for signature.
  Mr. Speaker, I urge passage of the bill.

                              {time}  1345

  Mr. BENTZ. Mr. Speaker, I have no further speakers and am prepared to 
close.
  I urge my colleagues to support this bill, and I yield back the 
balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I yield myself the balance of my time. 
You have seen the bipartisan and bicameral support of this legislation. 
I am grateful for that because I think this is an important statement 
in the midst of intense negotiations on Build Back Better and the 
INVEST Act, which will be an enormous gift to the American people, 
including our law enforcement, first responders, firefighters, and 
others. We now take a

[[Page H5953]]

moment to ensure that there are special benefits for public safety 
officers.
  As I indicated, I had the privilege of being in New York at Ground 
Zero for the 20th commemoration and to hear stories of family members 
where the pain is still deeply embedded, to see babies that are 
relatives of the deceased that they never got a chance to see.
  It was an honor to see the children of those who perished speak. They 
were just babies when their loved ones lost their lives in the line of 
duty in a brave manner.
  The visual that I had in getting to that area during the recovery, 
still going on months later, hearing the whistle blow, seeing the 
gurneys come in carried by firefighters and others, the remains placed 
gently on that gurney makes this even more potent and powerful and 
important to be able to help.
  In addition, there are two deputies who were wounded in the same 
tragic incident as the death of Deputy Atkins, and they, too, need 
comfort and support, and potential benefits that are necessary for 
their continued survival. I think this legislation impacts any number 
of men and women around this Nation.
  Having participated with Local 341 President Marty Lancton just this 
past weekend at the Fire Memorial in Houston, Texas, to note those 
firefighters who passed in this last year--some suffering from COVID-
19, others that we are remembering who died in fires and other tragic 
incidents--this emphasizes more and more the importance of this 
legislation.
  The Public Safety Officers' Benefits Program is an important program 
to address the terrible circumstances in which officers give their 
lives or are disabled due to their actions in the line of duty. Now we 
work to improve and strengthen this program in the ways we have 
discussed today.
  I thank the gentleman from New Jersey (Mr. Pascrell) and all of the 
cosponsors. I was glad to also have the commitment of our House 
Judiciary Committee as well as the work of Senator Grassley.
  This is a bipartisan bill that was adopted by the Senate by unanimous 
consent, and therefore I ask my colleagues to join me in supporting 
this legislation so the President can sign it into law.
  Mr. Speaker, the Public Safety Officers' Benefits Program is an 
important program to address the terrible circumstances in which 
officers give their lives or are disabled due to their actions in the 
line of duty.
  Now, we work to improve and strengthen this program in the ways we 
have discussed today.
  This is bipartisan bill that was adopted by the Senate by unanimous 
consent.
  I ask that my colleagues join me in supporting this legislation so 
that the President can sign it into law.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Texas (Ms. Jackson Lee) that the House suspend the 
rules and pass the bill, S. 1511, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. JACKSON LEE. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

                          ____________________