II 

Calendar No. 441 

112TH CONGRESS 

2D SESSION H. R. 4018 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2012 

Received 

JUNE 29, 2012 

Read the first time 

JULY 9, 2012 

Read the second time and placed on the calendar 

AN ACT 

To improve the Public Safety Officers’ Benefits Program. 

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’’. 

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1 SEC. 2. BENEFITS FOR CERTAIN NONPROFIT EMERGENCY 

2 MEDICAL SERVICE PROVIDERS; MISCELLA3 NEOUS AMENDMENTS. 

4 (a) IN GENERAL.—Title I of the Omnibus Crime 

5 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 

6 et seq.) is amended— 

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

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

9 at the end; 

10 (B) in paragraph (27), by striking the pe11 riod at the end and inserting ‘‘; and’’; and 

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

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

14 medical or claims examiner.’’; 

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

16 (A) in subsection (a), by striking ‘‘fol17 lows:’’ and all that follows and inserting the fol18 lowing: ‘‘follows (if the payee indicated is living 

19 on the date on which the determination is 

20 made)— 

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

22 safety officer, to the surviving spouse of the public 

23 safety officer; 

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

25 public safety officer and a surviving spouse of the 

26 public safety officer, 50 percent to the surviving 

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1 child (or children, in equal shares) and 50 percent 

2 to the surviving spouse; 

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

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

5 equal shares); 

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

7 safety officer and no surviving child— 

8 ‘‘(A) to the surviving individual (or individ9 uals, in shares per the designation, or, other10 wise, in equal shares) designated by the public 

11 safety officer to receive benefits under this sub12 section in the most recently executed designa13 tion of beneficiary of the public safety officer on 

14 file at the time of death with the public safety 

15 agency, organization, or unit; or 

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

17 under subparagraph (A), to the surviving indi18 vidual (or individuals, in equal shares) des19 ignated by the public safety officer to receive 

20 benefits under the most recently executed life 

21 insurance policy of the public safety officer on 

22 file at the time of death with the public safety 

23 agency, organization, or unit; 

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

25 paragraph (1), (2), (3), or (4), to the surviving parmstockstill on DSK4VPTVN1PROD with BILLS

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1 ent (or parents, in equal shares) of the public safety 

2 officer; or 

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

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

5 individual (or individuals, in equal shares) who 

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

7 under section 1204 but for age.’’; 

8 (B) in subsection (b)— 

9 (i) by striking ‘‘direct result of a cata10 strophic’’ and inserting ‘‘direct and proxi11 mate result of a personal’’; 

12 (ii) by striking ‘‘pay,’’ and all that fol13 lows through ‘‘the same’’ and inserting 

14 ‘‘pay the same’’; 

15 (iii) by striking ‘‘in any year’’ and in16 serting ‘‘to the public safety officer (if liv17 ing on the date on which the determination 

18 is made)’’; 

19 (iv) by striking ‘‘in such year, ad20 justed’’ and inserting ‘‘with respect to the 

21 date on which the catastrophic injury oc22 curred, as adjusted’’; 

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

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1 (vi) by striking ‘‘the total’’ and all 

2 that follows through ‘‘For’’ and inserting 

3 ‘‘for’’; and 

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

5 that follows through the period, and insert6 ing ‘‘That the amount payable under this 

7 subsection shall be the amount payable as 

8 of the date of catastrophic injury of such 

9 public safety officer.’’; 

10 (C) in subsection (f)— 

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

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

13 inserting a semicolon; 

14 (ii) in paragraph (2)— 

15 (I) by striking ‘‘. Such bene16 ficiaries shall only receive benefits 

17 under such section 8191 that’’ and in18 serting ‘‘, such that beneficiaries shall 

19 receive only such benefits under such 

20 section 8191 as’’; and 

21 (II) by striking the period at the 

22 end and inserting ‘‘; or’’; and 

23 (iii) by adding at the end the fol24 lowing: 

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1 ‘‘(3) payments under the September 11th Vic2 tim Compensation Fund of 2001 (49 U.S.C. 40101 

3 note; Public Law 107–42).’’; 

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

5 follows: 

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

7 stroke, or vascular rupture suffered by a public safety offi8 cer shall be presumed to constitute a personal injury with9 in the meaning of subsection (a), sustained in the line of 

10 duty by the officer and directly and proximately resulting 

11 in death, if— 

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

13 ‘‘(A) engages in a situation involving non14 routine stressful or strenuous physical law en15 forcement, fire suppression, rescue, hazardous 

16 material response, emergency medical services, 

17 prison security, disaster relief, or other emer18 gency response activity; or 

19 ‘‘(B) participates in a training exercise in20 volving nonroutine stressful or strenuous phys21 ical activity; 

22 ‘‘(2) the heart attack, stroke, or vascular rup23 ture commences— 

24 ‘‘(A) while the officer is engaged or partici25 pating as described in paragraph (1); 

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

2 after being engaged or participating as de3 scribed in paragraph (1); or 

4 ‘‘(C) not later than 24 hours after the offi5 cer is engaged or participating as described in 

6 paragraph (1); and 

7 ‘‘(3) the heart attack, stroke, or vascular rup8 ture directly and proximately results in the death of 

9 the public safety officer, 

10 unless competent medical evidence establishes that the 

11 heart attack, stroke, or vascular rupture was unrelated to 

12 the engagement or participation or was directly and proxi13 mately caused by something other than the mere presence 

14 of cardiovascular-disease risk factors.’’; and 

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

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

17 responsible for maintaining on file an executed designation 

18 of beneficiary or executed life insurance policy for pur19 poses of subsection (a)(4) shall maintain the confiden20 tiality of the designation or policy in the same manner 

21 as the agency, organization, or unit maintains personnel 

22 or other similar records of the public safety officer.’’; 

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

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1 (A) by striking ‘‘death’’, each place it ap2 pears except the second place it appears, and 

3 inserting ‘‘fatal’’; and 

4 (B) in paragraph (1), by striking ‘‘or cata5 strophic injury’’ the second place it appears and 

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

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

8 (A) in the section heading, by striking 

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

10 inserting ‘‘WHO HAVE SUSTAINED FATAL OR

11 CATASTROPHIC INJURY IN THE LINE OF DUTY’’; 

12 and 

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

14 of duty’’ and inserting ‘‘who have sustained 

15 fatal or catastrophic injury in the line of duty’’; 

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

17 (A) in paragraph (1), by striking ‘‘con18 sequences of an injury that’’ and inserting ‘‘an 

19 injury, the direct and proximate consequences 

20 of which’’; 

21 (B) in paragraph (3)— 

22 (i) in the matter preceding clause 

23 (i)— 

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1 (I) by inserting ‘‘or permanently 

2 and totally disabled’’ after ‘‘de3 ceased’’; 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 

6 part of an official emergency response sys7 tem;’’; 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 fol18 lowing: 

19 ‘‘(D) a member of a rescue squad or am20 bulance crew who, as authorized or licensed by 

21 law and by the applicable agency or entity, is 

22 engaging in rescue activity or in the provision 

23 of emergency medical services.’’. 

24 (6) in section 1205 (42 U.S.C. 3796c), by add25 ing at the end the following: 

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1 ‘‘(d) Unless expressly provided otherwise, any ref2 erence in this part to any provision of law not in this part 

3 shall be understood to constitute a general reference under 

4 the doctrine of incorporation by reference, and thus to in5 clude 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 

20 ‘‘(B) the amount’’ and inserting ‘‘reduced 

21 by the 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 

2 1213(b) (42 U.S.C. 3796d–2(b)), by striking ‘‘de3 pendent’s’’ each place it appears and inserting ‘‘per4 son’s’’; 

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

6 (A) in subsection (a), by striking ‘‘each de7 pendent’’ each place it appears and inserting ‘‘a 

8 spouse or child’’; and 

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

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

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

12 6(3)(A)), by striking ‘‘described in’’ and all that fol13 lows and inserting ‘‘an institution of higher edu14 cation, as defined in section 102 of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1002); and’’. 

16 (b) AMENDMENT RELATED TO EXPEDITED PAY17 MENT FOR PUBLIC SAFETY OFFICERS INVOLVED IN THE

18 PREVENTION, INVESTIGATION, RESCUE, OR RECOVERY

19 EFFORTS RELATED TO A TERRORIST ATTACK.—Section 

20 611(a) of the Uniting and Strengthening America by Pro21 viding Appropriate Tools Required to Intercept and Ob22 struct Terrorism (USA PATRIOT ACT) Act of 2001 (42 

23 U.S.C. 3796c–1(a)) is amended by inserting ‘‘or an entity 

24 described in section 1204(7)(B) of the Omnibus Crime 

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1 Control and Safe Streets Act of 1968 (42 U.S.C. 

2 3796b(7)(B))’’ after ‘‘employed by such agency’’. 

3 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

4 Section 402(l)(4)(C) of the Internal Revenue Code of 

5 1986 is amended— 

6 (1) by striking ‘‘section 1204(9)(A)’’ and in7 serting ‘‘section 1204(10)(A)’’; and 

8 (2) by striking ‘‘42 U.S.C. 3796b(9)(A)’’ and 

9 inserting ‘‘42 U.S.C. 3796b(10)(A)’’. 

10 SEC. 3. AUTHORIZATION OF APPROPRIATIONS; DETER11 MINATIONS; APPEALS. 

12 The matter under the heading ‘‘PUBLIC SAFETY OF13 FICERS BENEFITS’’ under the heading ‘‘OFFICE OF JUS14 TICE PROGRAMS’’ under title II of division B of the Con15 solidated Appropriations Act, 2008 (Public Law 110–161; 

16 121 Stat. 1912; 42 U.S.C. 3796c–2) is amended— 

17 (1) by striking ‘‘decisions’’ and inserting ‘‘de18 terminations’’; 

19 (2) by striking ‘‘(including those, and any re20 lated matters, pending)’’; and 

21 (3) by striking the period at the end and insert22 ing the following: ‘‘: Provided further, That, on and 

23 after the date of enactment of the Public Safety Of24 ficers’ Benefits Improvements Act of 2012, as to 

25 each such statute— 

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

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

3 ‘‘(2) payment (other than payment made pursu4 ant to section 611 of the Uniting and Strengthening 

5 America by Providing Appropriate Tools Required to 

6 Intercept and Obstruct Terrorism (USA PATRIOT 

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

8 made only upon a determination by the Bureau that 

9 the facts legally warrant the payment; 

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

11 I shall be deemed to be a reference to paragraphs 

12 (2) and (3) of such section 1202; and 

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

14 statute (other than a certification submitted pursu15 ant to section 611 of the Uniting and Strengthening 

16 America by Providing Appropriate Tools Required to 

17 Intercept and Obstruct Terrorism (USA PATRIOT 

18 ACT) Act of 2001 (42 U.S.C. 3796c–1)) may be ac19 cepted by the Bureau as prima facie evidence of the 

20 facts asserted in the certification: 

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

22 of the Public Safety Officers’ Benefits Improvements Act 

23 of 2012, no appeal shall bring any final determination of 

24 the Bureau before any court for review unless notice of 

25 appeal is filed (within the time specified herein and in the 

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1 manner prescribed for appeal to United States courts of 

2 appeals from United States district courts) not later than 

3 90 days after the date on which the Bureau serves notice 

4 of the final determination: Provided further, That any reg5 ulations promulgated by the Bureau under such part (or 

6 any such statute) before, on, or after the date of enact7 ment of the Public Safety Officers’ Benefits Improvements 

8 Act of 2012 shall apply to any matter pending on, or filed 

9 or accruing after, the effective date specified in the regula10 tions.’’. 

11 SEC. 4. EFFECTIVE DATE. 

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

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

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

15 Act; and 

16 (2) apply to any matter pending, before the Bu17 reau of Justice Assistance or otherwise, on the date 

18 of enactment of this Act, or filed or accruing after 

19 that date. 

20 (b) EXCEPTIONS.— 

21 (1) RESCUE SQUADS AND AMBULANCE

22 CREWS.—For a member of a rescue squad or ambu23 lance crew (as defined in section 1204(7) of title I 

24 of the Omnibus Crime Control and Safe Streets Act 

25 of 1968, as amended by this Act), the amendments 

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1 made by this Act shall apply to injuries sustained on 

2 or after June 1, 2009. 

3 (2) HEART ATTACKS, STROKES, AND VASCULAR

4 RUPTURES.—Section 1201(k) of title I of the Omni5 bus 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. 

Passed the House of Representatives June 27, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 

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Calendar No. 441 

112TH CONGRESS 

2D SESSION H. R. 4018 

AN ACT 

To improve the Public Safety Officers’ Benefits 

Program. 

JULY 9, 2012 

Read the second time and placed on the calendar 

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