[House Report 105-486]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-486
_______________________________________________________________________


 
                 CARE FOR POLICE SURVIVORS ACT OF 1998

                                _______
                                

 April 1, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


   Mr. McCollum, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3565]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3565) to amend Part L of the Omnibus Crime Control 
and Safe Streets Act of 1968, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Vote of the Committee............................................     3
Committee Oversight Findings.....................................     3
Committee on Government Reform and Oversight Findings............     3
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Estimate.............................     4
Constitutional Authority Statement...............................     5
Section-by-Section Analysis and Discussion.......................     5
Agency Views.....................................................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                          Purpose and Summary

    H.R. 3565 amends part L of the Omnibus Crime Control and 
Safe Streets Act of 1968, relating to public safety officers' 
death benefits. The bill amends part L in two ways.
    First, the bill authorizes the Director of the Bureau of 
Justice Assistance to expend not less than $150,000 out of the 
Public Safety Officers' Benefits (PSOB) program to maintain and 
enhance national peer support and counseling programs to assist 
families of public safety officers who have died in the line of 
duty. Current law limits or caps the amount the Director can 
spend for these purposes to $150,000. This amendment will not 
require any new funding for the Bureau; it simply allows the 
Bureau to spend the funding it now receives on these support 
services.
    Second, the bill would reduce the current backlog of cases 
pending before the Public Safety Officers' Benefits Office by 
authorizing the expenditure of PSOB program funds on outside 
hearing officers. Under current law, the PSOB Office must wait 
an unreasonably long time for the availability of a Justice 
Department hearing officer to hear the appeal of a family 
member whose application for death benefits has been turned 
down. By permitting the PSOB Office to use its program funds to 
pay various expenses related to the appeals of rejected death 
and disability claims, the agonizing wait of family members 
attempting to be heard on their claims will be shortened. 
Again, this change does not increase the overall cost of the 
PSOB program to taxpayers.

                Background and Need for the Legislation

    In 1976, Congress passed the ``Public Safety Officers'' 
Benefits Act.'' It authorized the Department of Justice to pay 
a monetary benefit to specified survivors of public safety 
officers found to have died as the direct and proximate result 
of a personal injury sustained in the line of duty and to 
officers found to have been permanently and totally disabled as 
the direct result of a catastrophic injury sustained in the 
line of duty. This program is administered by the Public Safety 
Officers' Benefits Office within the Bureau of Justice 
Assistance.
    To date, the Justice Department has paid out approximately 
$300 million to more than 4,000 families. Approximately 
$130,000 is the amount currently awarded to the survivors of a 
public safety officer who dies in the line of duty. In fiscal 
year 1998, the PSOB Office received $32 million for survivor 
benefits out of which it expects to pay $25 million to 
qualifying families.
    The Act also authorizes the expenditure of funds up to 
$150,000 per year to establish national programs to assist the 
families of public safety officers who have died in the line of 
duty. The PSOB Office currently awards this amount to Concerns 
of Police Survivors (COPS). This organization provides a 
variety of important services to family members of police 
officers who lose their lives in the line of duty. In addition 
to individualized care and comfort extended to these family 
members through its national affiliates, COPS holds special 
training programs and seminars to benefit families of fallen 
officers. For example, each year during National Police Week, 
COPS conducts ``grief seminars'' for surviving parents, 
spouses, children, and siblings. It also conducts ``Line of 
Duty Death Training'' year-round for police departments to help 
them understand the concerns and needs of police survivors.
    The PSOB Office also annually obtains funding from the 
discretionary Byrne grant program in order to give additional 
funds to the COPS organization and to provide funding for 
firefighter survivor assistance. Moreover, the National Fallen 
Firefighters Foundation receives a grant of $150,000 to do work 
similar to the COPS activities. Since the PSOB Act limits the 
amount of PSOB program dollars that may be spent for these 
purposes to $150,000, the Office must secure this additional 
assistance from other sources within the Bureau of Justice 
Assistance such as the Byrne grant program.
    H.R. 3565 amends the PSOB Act in two ways. First, it lifts 
the cap on the amount of funds that can be awarded from PSOB 
program funding to organizations offering the services 
described above. It assures that no less than $150,000 will be 
spent for such purposes. This will allow the PSOB Office to use 
its leftover program monies on support activities without 
having to rely on the uncertainty of assistance from other 
grant programs.
    The second purpose of the bill is to allow the PSOB Office 
to use its program funding to contract with hearing officers 
outside of the Department of Justice in order to expedite the 
review process. Survivors who are denied a monetary benefit may 
request a hearing for reconsideration. These hearings are 
conducted where the survivors live and normally last about five 
days. Because of the unavailability of hearing officers, these 
hearings often are delayed significantly. By allowing the PSOB 
Office to use its program funds to hire outside hearing 
officers, the Office can expedite the appeals process.

                                Hearings

    No hearings were held on H.R. 3565.

                        Committee Consideration

    On March 26, 1998, the Subcommittee on Crime met in open 
session and considered a Committee Print of H.R. ________, the 
``Care for Police Survivors Act of 1998,'' and by voice vote, a 
quorum being present, ordered favorably reported to the full 
Committee a clean bill. This Committee Print was introduced on 
March 26, 1998 as H.R. 3565, referred the same day to the full 
Committee, and there held. On April 1, 1998, the Committee met 
in open session and ordered reported favorably the bill H.R. 
3565 without amendment by voice vote, a quorum being present.

                         Vote of the Committee

    There were no recorded votes on H.R. 3565.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the bill, H.R. 3565, the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 16, 1998.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3565, the Care for 
Police Survivors Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
    Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

H.R. 3565--Care for Police Survivors Act of 1998

    CBO estimates that enacting this legislation would result 
in additional costs to the federal government of about $1 
million annually, beginning in fiscal year 1998. Because the 
bill would increase direct spending, pay-as-you-go procedures 
would apply. H.R. 3565 contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act of 1995 and would have no impact on the budgets of 
state, local, or tribal governments.
    Current law provides an indefinite mandatory appropriation 
for the Bureau of Justice Assistance (BJA) to pay death 
benefits to the families of public safety officers killed in 
the line of duty. These funds also can be used to spend up to 
$150,000 each year to support and counsel the families of slain 
officers. H.R. 3565 would authorize BJA to spend no less than 
$150,000 annually for support and counseling. In addition, the 
bill would apparently permit BJA to use funds provided in the 
mandatory appropriation to administer appeals of claims for 
benefits. Currently, these costs are paid from funds provided 
through discretionary appropriations.
    According to BJA, removing the $150,000 cap would increase 
expenditures by about $850,000 each year, to be spent from the 
indefinite authority for mandatory appropriations. CBO expects 
that BJA would spend the annual total of about $1 million near 
the end of each fiscal year--just as it currently spends the 
capped funds--in grants to organizations that provide 
counseling and related services. Costs relating to appeals--
about $75,000 annually--also would be paid out of the mandatory 
account, with a matching reduction in discretionary spending. 
Thus, enacting H.R. 3565 would increase direct spending by 
nearly $1 million annually.
    The CBO staff contact for this estimate is Mark Grabowicz. 
This estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to rule XI, clause 2(l)(4) of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article 1, section 8 of the Constitution.

                      Section-by-Section Analysis

    Section 1. Short Title. Section 1 of the bill states the 
short title of the bill as the ``Care for Police Survivors Act 
of 1998.''
    Section 2. Amendments to the Public Safety Officers' Death 
Benefits. Section 2 of the bill sets forth the amendments made 
by the bill to part L of the Omnibus Crime Control and Safe 
Streets Act of 1968.
    Section 2(a) of the bill amends section 1203 of part L of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796a-1) by deleting existing paragraph (1) from section 
3796(a) and replacing it with a new paragraph. The text of new 
paragraph (1) is essentially the text of existing paragraph 
(1), except that the cap on the amount authorized to establish 
national programs to assist the families of public safety 
officers who have died in the line of duty has been deleted. 
Whereas the existing paragraph authorizes the Director of the 
Bureau of Justice Assistance of the National Institutes of 
Justice to use up to $150,000 of the funds appropriated to 
establish such programs, new paragraph (1) authorizes the 
Director to use no less than $150,000 of the funds appropriated 
for this part to maintain and enhance national peer support and 
counseling programs to assist families of public safety 
officers who have died in the line of duty.
    Section 2(b) of the bill amends section 1205 of part L of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796c) by adding at the end new subsection (c). New 
subsection (c) authorizes the Bureau of Justice Assistance, 
notwithstanding any other provision of law, to use appropriated 
funds to conduct appeals of public safety officers' death and 
disability claims.
    The Committee does not expect these amendments to 
necessitate an increase in the appropriation for the PSOB 
program. The PSOB Office does not currently expend all of the 
funding it receives each year. The cost of the activities 
authorized in this bill are well below the amount of the 
Office's unexpended funds.

                              Agency Views

    No agency views were received on H.R. 3565.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

           *       *       *       *       *       *       *


TITLE I--JUSTICE SYSTEM IMPROVEMENT

           *       *       *       *       *       *       *


             Part L--Public Safety Officers' Death Benefits

Subpart 1--Death Benefits

           *       *       *       *       *       *       *


NATIONAL PROGRAMS FOR FAMILIES OF PUBLIC SAFETY OFFICERS WHO HAVE DIED 
                          IN THE LINE OF DUTY

    Sec. 1203. [The director is authorized and directed to use 
up to $150,000 of the funds appropriated for this part to 
establish national programs to assist the families of public 
safety officers who have died in the line of duty.] The 
Director is authorized to use no less than $150,000 of the 
funds appropriated for this part to maintain and enhance 
national peer support and counseling programs to assist 
families of public safety officers who have died in the line of 
duty.

           *       *       *       *       *       *       *


                       ADMINISTRATIVE PROVISIONS

    Sec. 1205. (a) * * *

           *       *       *       *       *       *       *

    (c) Notwithstanding any other provisions of law, the Bureau 
is authorized to use appropriated funds to conduct appeals of 
public safety officers; death and disability claims.

           *       *       *       *       *       *       *


                                
