IB 

Union Calendar No. 392 

112TH CONGRESS 

2D SESSION H. R. 4018 

[Report No. 112–548] 

To improve the Public Safety Officers’ Benefits Program. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2012 

Mr. FITZPATRICK (for himself and Mr. SMITH of Texas) introduced the 

following bill; which was referred to the Committee on the Judiciary 

JUNE 25, 2012 

Additional sponsors: Mr. GERLACH, Mr. HOLT, Mr. WELCH, Mr. MARINO, Mr. 

POE of Texas, Mr. DENT, Ms. SCHWARTZ, Mr. MICHAUD, Mr. ROSS of 

Arkansas, Mr. GRIMM, Mr. LATHAM, Mr. PETERSON, Mr. ANDREWS, Mr. 

GIBSON, Mr. COLE, Mr. CONYERS, and Mr. HINCHEY

JUNE 25, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 14, 2012] 


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A BILL 

To improve the Public Safety Officers’ Benefits Program. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This title may be cited as the ‘‘Public Safety Officers’ 

5 Benefits Improvements Act of 2012’’. 

6 SEC. 2. BENEFITS FOR CERTAIN NONPROFIT EMERGENCY 

7 MEDICAL SERVICE PROVIDERS; MISCELLA8 NEOUS AMENDMENTS. 

9 (a) IN GENERAL.—Title I of the Omnibus Crime Con10 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) 

11 is amended— 

12 (1) in section 901(a) (42 U.S.C. 3791(a))— 

13 (A) in paragraph (26), by striking ‘‘and’’ 

14 at the end; 

15 (B) in paragraph (27), by striking the pe16 riod at the end and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(28) the term ‘hearing examiner’ includes any 

19 medical or claims examiner.’’; 

20 (2) in section 1201 (42 U.S.C. 3796)— 

21 (A) in subsection (a), by striking ‘‘follows:’’ 

22 and all that follows and inserting the following: 

23 ‘‘follows (if the payee indicated is living on the 

24 date on which the determination is made)— 


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1 ‘‘(1) if there is no child who survived the public 

2 safety officer, to the surviving spouse of the public 

3 safety officer; 

4 ‘‘(2) if there is at least 1 child who survived the 

5 public safety officer and a surviving spouse of the 

6 public safety officer, 50 percent to the surviving child 

7 (or children, in equal shares) and 50 percent to the 

8 surviving spouse; 

9 ‘‘(3) if there is no surviving spouse of the public 

10 safety officer, to the surviving child (or children, in 

11 equal shares); 

12 ‘‘(4) if there is no surviving spouse of the public 

13 safety officer and no surviving child— 

14 ‘‘(A) to the surviving individual (or indi15 viduals, in shares per the designation, or, other16 wise, in equal shares) designated by the public 

17 safety officer to receive benefits under this sub18 section in the most recently executed designation 

19 of beneficiary of the public safety officer on file 

20 at the time of death with the public safety agen21 cy, organization, or unit; or 

22 ‘‘(B) if there is no individual qualifying 

23 under subparagraph (A), to the surviving indi24 vidual (or individuals, in equal shares) des25 ignated by the public safety officer to receive benVerDate Mar 15 2010 21:13 Jun 25, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H4018.RH H4018

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1 efits under the most recently executed life insur2 ance policy of the public safety officer on file at 

3 the time of death with the public safety agency, 

4 organization, or unit; 

5 ‘‘(5) if there is no individual qualifying under 

6 paragraph (1), (2), (3), or (4), to the surviving par7 ent (or parents, in equal shares) of the public safety 

8 officer; or 

9 ‘‘(6) if there is no individual qualifying under 

10 paragraph (1), (2), (3), (4), or (5), to the surviving 

11 individual (or individuals, in equal shares) who 

12 would qualify under the definition of the term ‘child’ 

13 under section 1204 but for age.’’; 

14 (B) in subsection (b)— 

15 (i) by striking ‘‘direct result of a cata16 strophic’’ and inserting ‘‘direct and proxi17 mate result of a personal’’; 

18 (ii) by striking ‘‘pay,’’ and all that fol19 lows through ‘‘the same’’ and inserting ‘‘pay 

20 the same’’; 

21 (iii) by striking ‘‘in any year’’ and in22 serting ‘‘to the public safety officer (if living 

23 on the date on which the determination is 

24 made)’’; 


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1 (iv) by striking ‘‘in such year, ad2 justed’’ and inserting ‘‘with respect to the 

3 date on which the catastrophic injury oc4 curred, as adjusted’’; 

5 (v) by striking ‘‘, to such officer’’; 

6 (vi) by striking ‘‘the total’’ and all that 

7 follows through ‘‘For’’ and inserting ‘‘for’’; 

8 and 

9 (vii) by striking ‘‘That these’’ and all 

10 that follows through the period, and insert11 ing ‘‘That the amount payable under this 

12 subsection shall be the amount payable as of 

13 the date of catastrophic injury of such pub14 lic safety officer.’’; 

15 (C) in subsection (f)— 

16 (i) in paragraph (1), by striking ‘‘, as 

17 amended (D.C. Code, sec. 4–622); or’’ and 

18 inserting a semicolon; 

19 (ii) in paragraph (2)— 

20 (I) by striking ‘‘. Such bene21 ficiaries shall only receive benefits 

22 under such section 8191 that’’ and in23 serting ‘‘, such that beneficiaries shall 

24 receive only such benefits under such 

25 section 8191 as’’; and 


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1 (II) by striking the period at the 

2 end and inserting ‘‘; or’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(3) payments under the September 11th Victim 

6 Compensation Fund of 2001 (49 U.S.C. 40101 note; 

7 Public Law 107–42).’’; 

8 (D) by amending subsection (k) to read as 

9 follows: 

10 ‘‘(k) As determined by the Bureau, a heart attack, 

11 stroke, or vascular rupture suffered by a public safety officer 

12 shall be presumed to constitute a personal injury within 

13 the meaning of subsection (a), sustained in the line of duty 

14 by the officer and directly and proximately resulting in 

15 death, if— 

16 ‘‘(1) the public safety officer, while on duty— 

17 ‘‘(A) engages in a situation involving non18 routine stressful or strenuous physical law en19 forcement, fire suppression, rescue, hazardous 

20 material response, emergency medical services, 

21 prison security, disaster relief, or other emer22 gency response activity; or 

23 ‘‘(B) participates in a training exercise in24 volving nonroutine stressful or strenuous phys25 ical activity; 


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1 ‘‘(2) the heart attack, stroke, or vascular rupture 

2 commences— 

3 ‘‘(A) while the officer is engaged or partici4 pating as described in paragraph (1); 

5 ‘‘(B) while the officer remains on that duty 

6 after being engaged or participating as described 

7 in paragraph (1); or 

8 ‘‘(C) not later than 24 hours after the officer 

9 is engaged or participating as described in para10 graph (1); and 

11 ‘‘(3) the heart attack, stroke, or vascular rupture 

12 directly and proximately results in the death of the 

13 public safety officer, 

14 unless competent medical evidence establishes that the heart 

15 attack, stroke, or vascular rupture was unrelated to the en16 gagement or participation or was directly and proximately 

17 caused by something other than the mere presence of cardio18 vascular-disease risk factors.’’; and 

19 (E) by adding at the end the following: 

20 ‘‘(n) The public safety agency, organization, or unit 

21 responsible for maintaining on file an executed designation 

22 of beneficiary or executed life insurance policy for purposes 

23 of subsection (a)(4) shall maintain the confidentiality of the 

24 designation or policy in the same manner as the agency, 


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1 organization, or unit maintains personnel or other similar 

2 records of the public safety officer.’’; 

3 (3) in section 1202 (42 U.S.C. 3796a)— 

4 (A) by striking ‘‘death’’, each place it ap5 pears except the second place it appears, and in6 serting ‘‘fatal’’; and 

7 (B) in paragraph (1), by striking ‘‘or cata8 strophic injury’’ the second place it appears and 

9 inserting ‘‘, disability, or injury’’; 

10 (4) in section 1203 (42 U.S.C. 3796a–1)— 

11 (A) in the section heading, by striking 

12 ‘‘WHO HAVE DIED IN THE LINE OF DUTY’’ and 

13 inserting ‘‘WHO HAVE SUSTAINED FATAL OR CAT14 ASTROPHIC INJURY IN THE LINE OF DUTY’’; and 

15 (B) by striking ‘‘who have died in the line 

16 of duty’’ and inserting ‘‘who have sustained fatal 

17 or catastrophic injury in the line of duty’’; 

18 (5) in section 1204 (42 U.S.C. 3796b)— 

19 (A) in paragraph (1), by striking ‘‘con20 sequences of an injury that’’ and inserting ‘‘an 

21 injury, the direct and proximate consequences of 

22 which’’; 

23 (B) in paragraph (3)— 

24 (i) in the matter preceding clause (i)— 


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1 (I) by inserting ‘‘or permanently 

2 and totally disabled’’ after ‘‘deceased’’; 

3 and 

4 (II) by striking ‘‘death’’ and in5 serting ‘‘fatal or catastrophic injury’’; 

6 and 

7 (ii) by redesignating clauses (i), (ii), 

8 and (iii) as subparagraphs (A), (B), and 

9 (C), respectively; 

10 (C) in paragraph (5)— 

11 (i) by striking ‘‘post-mortem’’ each 

12 place it appears and inserting ‘‘post-in13 jury’’; and 

14 (ii) by redesignating clauses (i) and 

15 (ii) as subparagraphs (A) and (B), respec16 tively; 

17 (D) in paragraph (7), by striking ‘‘public 

18 employee member of a rescue squad or ambu19 lance crew;’’ and inserting ‘‘employee or volun20 teer member of a rescue squad or ambulance 

21 crew (including a ground or air ambulance serv22 ice) that— 

23 ‘‘(A) is a public agency; or 

24 ‘‘(B) is (or is a part of) a nonprofit entity 

25 serving the public that— 


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1 ‘‘(i) is officially authorized or licensed 

2 to engage in rescue activity or to provide 

3 emergency medical services; and 

4 ‘‘(ii) engages in rescue activities or 

5 provides emergency medical services as part 

6 of an official emergency response system;’’; 

7 and 

8 (E) in paragraph (9)— 

9 (i) in subparagraph (A), by striking 

10 ‘‘as a chaplain, or as a member of a rescue 

11 squad or ambulance crew;’’ and inserting 

12 ‘‘or as a chaplain;’’; 

13 (ii) in subparagraph (B)(ii), by strik14 ing ‘‘or’’ after the semicolon; 

15 (iii) in subparagraph (C)(ii), by strik16 ing the period and inserting ‘‘; or’’; and 

17 (iv) by adding at the end the following: 

18 ‘‘(D) a member of a rescue squad or ambu19 lance crew who, as authorized or licensed by law 

20 and by the applicable agency or entity, is engag21 ing in rescue activity or in the provision of 

22 emergency medical services.’’ 

23 (6) in section 1205 (42 U.S.C. 3796c), by adding 

24 at the end the following: 


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1 ‘‘(d) Unless expressly provided otherwise, any reference 

2 in this part to any provision of law not in this part shall 

3 be understood to constitute a general reference under the 

4 doctrine of incorporation by reference, and thus to include 

5 any subsequent amendments to the provision.’’; 

6 (7) in each of subsections (a) and (b) of section 

7 1212 (42 U.S.C. 3796d–1), sections 1213 and 1214 

8 (42 U.S.C. 3796d–2 and 3796d–3), and subsections 

9 (b) and (c) of section 1216 (42 U.S.C. 3796d–5), by 

10 striking ‘‘dependent’’ each place it appears and in11 serting ‘‘person’’; 

12 (8) in section 1212 (42 U.S.C. 3796d–1)— 

13 (A) in subsection (a)— 

14 (i) in paragraph (1), in the matter 

15 preceding subparagraph (A), by striking 

16 ‘‘Subject’’ and all that follows through ‘‘, 

17 the’’ and inserting ‘‘The’’; and 

18 (ii) in paragraph (3), by striking ‘‘re19 duced by’’ and all that follows through ‘‘(B) 

20 the amount’’ and inserting ‘‘reduced by the 

21 amount’’; 

22 (B) in subsection (c)— 

23 (i) in the subsection heading, by strik24 ing ‘‘DEPENDENT’’; and 

25 (ii) by striking ‘‘dependent’’; 


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1 (9) in paragraphs (2) and (3) of section 1213(b) 

2 (42 U.S.C. 3796d–2(b)), by striking ‘‘dependent’s’’ 

3 each place it appears and inserting ‘‘person’s’’; 

4 (10) in section 1216 (42 U.S.C. 3796d–5)— 

5 (A) in subsection (a), by striking ‘‘each de6 pendent’’ each place it appears and inserting ‘‘a 

7 spouse or child’’; and 

8 (B) by striking ‘‘dependents’’ each place it 

9 appears and inserting ‘‘a person’’; and 

10 (11) in section 1217(3)(A) (42 U.S.C. 3796d– 

11 6(3)(A)), by striking ‘‘described in’’ and all that fol12 lows and inserting ‘‘an institution of higher edu13 cation, as defined in section 102 of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1002); and’’. 

15 (b) AMENDMENT RELATED TO EXPEDITED PAYMENT

16 FOR PUBLIC SAFETY OFFICERS INVOLVED IN THE PREVEN17 TION, INVESTIGATION, RESCUE, OR RECOVERY EFFORTS

18 RELATED TO A TERRORIST ATTACK.—Section 611(a) of the 

19 Uniting and Strengthening America by Providing Appro20 priate Tools Required to Intercept and Obstruct Terrorism 

21 (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 3796c–1(a)) 

22 is amended by inserting ‘‘or an entity described in section 

23 1204(7)(B) of the Omnibus Crime Control and Safe Streets 

24 Act of 1968 (42 U.S.C. 3796b(7)(B))’’ after ‘‘employed by 

25 such agency’’. 


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1 (c) TECHNICAL AND CONFORMING AMENDMENT.—Sec2 tion 402(l)(4)(C) of the Internal Revenue Code of 1986 is 

3 amended— 

4 (1) by striking ‘‘section 1204(9)(A)’’ and insert5 ing ‘‘section 1204(10)(A)’’; and 

6 (2) by striking ‘‘42 U.S.C. 3796b(9)(A)’’ and in7 serting ‘‘42 U.S.C. 3796b(10)(A)’’. 

8 SEC. 3. AUTHORIZATION OF APPROPRIATIONS; DETERMINA9 TIONS; APPEALS. 

10 The matter under the heading ‘‘PUBLIC SAFETY OFFI11 CERS BENEFITS’’ under the heading ‘‘OFFICE OF JUSTICE

12 PROGRAMS’’ under title II of division B of the Consolidated 

13 Appropriations Act, 2008 (Public Law 110–161; 121 Stat. 

14 1912; 42 U.S.C. 3796c–2) is amended— 

15 (1) by striking ‘‘decisions’’ and inserting ‘‘deter16 minations’’; 

17 (2) by striking ‘‘(including those, and any re18 lated matters, pending)’’; and 

19 (3) by striking the period at the end and insert20 ing the following: ‘‘: Provided further, That, on and 

21 after the date of enactment of the Public Safety Offi22 cers’ Benefits Improvements Act of 2012, as to each 

23 such statute— 

24 ‘‘(1) the provisions of section 1001(a)(4) of such 

25 title I (42 U.S.C. 3793(a)(4)) shall apply; 


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1 ‘‘(2) payment (other than payment made pursu2 ant to section 611 of the Uniting and Strengthening 

3 America by Providing Appropriate Tools Required to 

4 Intercept and Obstruct Terrorism (USA PATRIOT 

5 ACT) Act of 2001 (42 U.S.C. 3796c–1)) shall be made 

6 only upon a determination by the Bureau that the 

7 facts legally warrant the payment; 

8 ‘‘(3) any reference to section 1202 of such title 

9 I shall be deemed to be a reference to paragraphs (2) 

10 and (3) of such section 1202; and 

11 ‘‘(4) a certification submitted under any such 

12 statute (other than a certification submitted pursuant 

13 to section 611 of the Uniting and Strengthening 

14 America by Providing Appropriate Tools Required to 

15 Intercept and Obstruct Terrorism (USA PATRIOT 

16 ACT) Act of 2001 (42 U.S.C. 3796c–1)) may be ac17 cepted by the Bureau as prima facie evidence of the 

18 facts asserted in the certification: 

19 Provided further, That, on and after the date of enactment 

20 of the Public Safety Officers’ Benefits Improvements Act of 

21 2012, no appeal shall bring any final determination of the 

22 Bureau before any court for review unless notice of appeal 

23 is filed (within the time specified herein and in the manner 

24 prescribed for appeal to United States courts of appeals 

25 from United States district courts) not later than 90 days 


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1 after the date on which the Bureau serves notice of the final 

2 determination: Provided further, That any regulations pro3 mulgated by the Bureau under such part (or any such stat4 ute) before, on, or after the date of enactment of the Public 

5 Safety Officers’ Benefits Improvements Act of 2012 shall 

6 apply to any matter pending on, or filed or accruing after, 

7 the effective date specified in the regulations, except as the 

8 Bureau may, consistent with the interests of justice, indi9 cate otherwise.’’. 

10 SEC. 4. EFFECTIVE DATE. 

11 (a) IN GENERAL.—Except as provided in subsection 

12 (b), the amendments made by this Act shall— 

13 (1) take effect on the date of enactment of this 

14 Act; and 

15 (2) apply to any matter pending, before the Bu16 reau of Justice Assistance or otherwise, on the date of 

17 enactment of this Act, or filed or accruing after that 

18 date. 

19 (b) EXCEPTIONS.— 

20 (1) RESCUE SQUADS AND AMBULANCE CREWS.— 

21 For a member of a rescue squad or ambulance crew 

22 (as defined in section 1204(7) of title I of the Omni23 bus Crime Control and Safe Streets Act of 1968, as 

24 amended by this Act), the amendments made by this 


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1 Act shall apply to injuries sustained on or after June 

2 1, 2009. 

3 (2) HEART ATTACKS, STROKES, AND VASCULAR

4 RUPTURES.—Section 1201(k) of title I of the Omnibus 

5 Crime Control and Safe Streets Act of 1968, as 

6 amended by this Act, shall apply to heart attacks, 

7 strokes, and vascular ruptures sustained on or after 

8 December 15, 2003. 


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Union Calendar No. 392 

112TH CONGRESS 

2D SESSION H. R. 4018 

[Report No. 112–548] 

A BILL 

To improve the Public Safety Officers’ Benefits 

Program. 

JUNE 25, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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