[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2936 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2936
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2021
Mr. Pascrell (for himself, Mr. Courtney, Mr. O'Halleran, Ms. Brownley,
Mr. Rutherford, Mr. Fitzpatrick, Mr. Bacon, Mr. Mullin, and Mr.
Garbarino) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
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.
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), by striking ``the Bureau shall pay a
benefit of $250,000, adjusted in accordance with subsection
(h)'' and inserting ``a benefit of $250,000, adjusted in
accordance with subsection (h), and calculated in accordance
with subsection (i), shall be payable by the Bureau'';
(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 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 ``as
of the date 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; and
(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:
``(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; or
``(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 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.
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