H.R.5743 - Public Safety Officers' Benefits Improvement Act of 2016114th Congress (2015-2016)
|Sponsor:||Rep. King, Peter T. [R-NY-2] (Introduced 07/12/2016)|
|Committees:||House - Judiciary|
|Latest Action:||House - 07/27/2016 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. (All Actions)|
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Summary: H.R.5743 — 114th Congress (2015-2016)All Information (Except Text)
Introduced in House (07/12/2016)
Public Safety Officers' Benefits Improvement Act of 2016
This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise requirements for the Public Safety Officers' Benefits (PSOB) program. (The PSOB program provides death, disability, and education benefits to public safety officers and survivors of public safety officers who are killed or injured in the line of duty.)
It authorizes the Department of Justice's Bureau of Justice Assistance (BJA) to establish PSOB program rules, regulations, and procedures based on standards developed by another federal agency.
In determining a claimant's eligibility for death or disability benefits, the BJA must give substantial weight to evidence and facts presented by a state, local, or federal agency.
The BJA must also publish and update information on pending claims and report to Congress on submitted claims for death, disability, and educational benefits.
This section extends the age limitation for a PSOB claim for death, disability, or education benefits that is approved more than one year after the date on which it was filed.
The BJA must attempt to obtain necessary documentation to determine a claimant's eligibility for death, disability, or education benefits. If it cannot determine eligibility due to a lack of documentation from a third party (e.g., a public agency), then the BJA may abandon the claim only after it utilizes investigative tools, including subpoenas, to obtain the information.
The bill establishes a rebuttable presumption that a public safety officer acted properly at the time of injury or death and that no specified limitation (e.g., voluntary intoxication at the time of injury or death) bars the payment of death or disability benefits. The BJA may rebut the presumption by clear and convincing evidence to the contrary.