[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.
____________________