I 

116TH CONGRESS 

1ST SESSION H. R. 2812 

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 

MAY 16, 2019 

Mr. PASCRELL (for himself, Mr. KING of New York, Mr. COURTNEY, Mr. 

MULLIN, Ms. BROWNLEY of California, Mr. RUTHERFORD, Mr. 

O’HALLERAN, and Mr. FITZPATRICK) 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. 

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 Act may be cited as the ‘‘Protecting America’s 

5 First Responders Act’’. 


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1 SEC. 2. PAYMENT OF DEATH AND DISABILITY BENEFITS 

2 UNDER THE PUBLIC SAFETY OFFICERS’ 

3 DEATH BENEFITS PROGRAM. 

4 Section 1201 of title I of the Omnibus Crime Control 

5 and Safe Streets Act of 1968 (34 U.S.C. 10281) is amend6 ed— 

7 (1) in subsection (b), by striking the period at 

8 the end and inserting the following: ‘‘, unless the 

9 claim under this subsection has been pending for 

10 more than 1 year, in which case the amount payable 

11 shall be the amount that would be payable if the cat12 astrophic injury occurred on the date on which the 

13 Bureau makes a final determination that the public 

14 safety officer is entitled to a benefit payment under 

15 this subsection.’’; 

16 (2) in subsection (c), by striking ‘‘$3,000’’ and 

17 inserting ‘‘$6,000, adjusted in accordance with sub18 section (h),’’; 

19 (3) in subsection (h), by inserting ‘‘and the 

20 level of the interim benefit payable immediately be21 fore such October 1 under subsection (c)’’ after 

22 ‘‘subsection (a)’’; 

23 (4) by striking subsection (i) and inserting the 

24 following: 


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1 ‘‘(i) The amount payable under subsection (a), with 

2 respect to the death of a public safety officer, shall be the 

3 greater of— 

4 ‘‘(1) the amount payable under that subsection 

5 as of the date of death of the public safety officer; 

6 or 

7 ‘‘(2) the amount that would be payable under 

8 that subsection if the death of the public safety offi9 cer occurred on the date on which the Bureau makes 

10 a final determination that the public safety officer is 

11 entitled to a benefit payment under that sub12 section.’’; and 

13 (5) in subsection (m), by inserting ‘‘, (b),’’ after 

14 ‘‘subsection (a)’’. 

15 SEC. 3. DEFINITIONS FOR THE PURPOSES OF THE PUBLIC 

16 SAFETY OFFICERS’ DEATH BENEFITS PRO17 GRAM. 

18 Section 1204 of title I of the Omnibus Crime Control 

19 and Safe Streets Act of 1968 (34 U.S.C. 10284) is amend20 ed— 

21 (1) by striking paragraph (1) and inserting the 

22 following: 

23 ‘‘(1) ‘catastrophic injury’ means an injury, the 

24 direct and proximate consequences of which— 


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1 ‘‘(A) permanently prevent an individual 

2 from performing any gainful work; or 

3 ‘‘(B) cause an individual to become— 

4 ‘‘(i) parapalegic; 

5 ‘‘(ii) quadriplegic; or 

6 ‘‘(iii) blind;’’; 

7 (2) in paragraph (3), in the matter preceding 

8 subparagraph (A), by striking ‘‘at the time of the 

9 public safety officer’s fatal or catastrophic injury’’ 

10 and inserting ‘‘as of the date of the public safety of11 ficer’s death from a fatal injury or the date of deter12 mination of the public safety officer’s disability from 

13 a catastrophic injury’’; 

14 (3) in paragraph (4), by inserting ‘‘, including 

15 an individual who, in the capacity of the individual 

16 as such a member, engages in scene security or traf17 fic management as the primary or only duty of the 

18 individual during emergency response’’ before the 

19 semicolon; 

20 (4) by redesignating paragraphs (5) through 

21 (9) as paragraphs (6) through (10), respectively; 

22 and 

23 (5) by inserting after paragraph (4) the fol24 lowing: 

25 ‘‘(5) ‘gainful work’— 


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1 ‘‘(A) means any activity usually performed 

2 for pay or profit, regardless of whether a profit 

3 is realized; and 

4 ‘‘(B) does not include work performed in a 

5 situation in which, after an individual sustains 

6 an injury— 

7 ‘‘(i) the individual— 

8 ‘‘(I) re-enters the workforce; and 

9 ‘‘(II) leaves the workforce after 

10 less than 90 days because of the in11 ability of the individual to overcome 

12 the injury; 

13 ‘‘(ii) because of the injury— 

14 ‘‘(I) the individual is permitted, 

15 in carrying out work, to— 

16 ‘‘(aa) perform at a lower 

17 standard of productivity or effi18 ciency than other similarly situ19 ated employees; 

20 ‘‘(bb) work irregular hours; 

21 or 

22 ‘‘(cc) take frequent rest pe23 riods; or 

24 ‘‘(II) the individual is only able 

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1 cially arranged circumstances, such as 

2 a circumstance in which one or more 

3 other individuals are required to assist 

4 the individual in preparing for work 

5 or travelling to and from work; 

6 ‘‘(iii)(I) the individual practices a 

7 hobby usually performed for pay or profit, 

8 regardless of whether a profit is realized; 

9 and 

10 ‘‘(II) the primary intent of the indi11 vidual in practicing the hobby described in 

12 subclause (I)— 

13 ‘‘(aa) is physical, mental, or emo14 tional rehabilitation of the individual 

15 from the injury; and 

16 ‘‘(bb) is not realization of profit; 

17 or 

18 ‘‘(iv) the individual is given the oppor19 tunity to work— 

20 ‘‘(I) despite the injury of the in21 dividual; and 

22 ‘‘(II) on the basis of— 

23 ‘‘(aa) a family relationship 

24 of the individual; 


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1 ‘‘(bb) a past association of 

2 the individual with the employer 

3 giving the individual the oppor4 tunity to work; or 

5 ‘‘(cc) any other altruistic 

6 reason;’’. 

7 SEC. 4. RETROACTIVE APPLICABILITY. 

8 (a) DEFINITIONS.—For the purposes of this sec9 tion— 

10 (1) the term ‘‘covered beneficiary’’ means an in11 dividual who— 

12 (A) is, or was, a child or spouse of a cov13 ered individual described in paragraph (3)(B); 

14 and 

15 (B) would have been eligible for edu16 cational assistance under subpart 2 of part L of 

17 title I of the Omnibus Crime Control and Safe 

18 Streets Act of 1968 (34 U.S.C. 10301 et seq.) 

19 if the amendments made by section 3 of this 

20 Act had been in effect on the date on which the 

21 determination described in paragraph (3)(B)(i) 

22 of this subsection was made; 

23 (2) the term ‘‘covered claimant’’ means an indi24 vidual who is a claimant on the estate of a deceased 

25 covered individual— 


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1 (A) described in paragraph (3)(B); and 

2 (B) who died on or before the date of en3 actment of this Act; 

4 (3) the term ‘‘covered individual’’ means— 

5 (A) a beneficiary of a benefit under the 

6 Public Safety Officers’ Death Benefit Program 

7 that was paid— 

8 (i) with respect to a death or dis9 ability of a public safety officer sustained 

10 as the direct or proximate result of a per11 sonal injury sustained in the line of duty; 

12 and 

13 (ii) during the covered period; or 

14 (B) a public safety officer who— 

15 (i) was determined during the covered 

16 period to be ineligible for a benefit pay17 ment under section 1201(b) of title I of 

18 the Omnibus Crime Control and Safe 

19 Streets Act of 1968 (34 U.S.C. 10281(b)); 

20 and 

21 (ii) would have been eligible for a ben22 efit payment under subpart L of that title 

23 due to the disability of the public safety of24 ficer if the amendments made by section 3 

25 had been in effect on the date on which the 


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1 determination described in clause (i) was 

2 made; 

3 (4) the term ‘‘covered period’’ means the pe4 riod— 

5 (A) beginning on the date of enactment of 

6 title XIII of the Crime Control Act of 1990 

7 (Public Law 101–647; 104 Stat. 4834); and 

8 (B) ending on the day before the date of 

9 enactment of the Protecting America’s First 

10 Responders Act; 

11 (5) the term ‘‘public safety officer’’ has the 

12 meaning given the term in section 1204 of title I of 

13 the Omnibus Crime Control and Safe Streets Act of 

14 1968 (34 U.S.C. 10284); and 

15 (6) the term ‘‘Public Safety Officers’ Death 

16 Benefit Program’’ means the program established 

17 under part L of title I of the Omnibus Crime Con18 trol and Safe Streets Act of 1968 (34 U.S.C. 10281 

19 et seq.). 

20 (b) APPLICABILITY.—The amendments made by sec21 tions 2 and 3 shall apply to a death or disability of a public 

22 safety officer sustained as the direct or proximate result 

23 of a personal injury sustained in the line of duty— 

24 (1) subject to subsection (c), during the covered 

25 period; or 


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1 (2) on or after the date of enactment of this 

2 Act. 

3 (c) PAYMENT.— 

4 (1) IN GENERAL.—Subject to paragraph (2), 

5 upon application of a covered individual, covered 

6 beneficiary, or covered claimant, the Bureau of Jus7 tice Assistance shall make a lump sum payment to 

8 the covered individual, covered beneficiary, or cov9 ered claimant in the amount equal to the difference, 

10 if any, between— 

11 (A) in the case of a covered individual— 

12 (i) the amount of the total benefit 

13 payment the covered individual would have 

14 received under the Public Safety Officers’ 

15 Death Benefit Program as of the date of 

16 the lump sum payment, if the amendments 

17 made by sections 2 and 3 had been in ef18 fect on the date on which the covered indi19 vidual— 

20 (I) received the final benefit pay21 ment under the Public Safety Offi22 cers’ Death Benefit Program; or 

23 (II) was determined to be ineli24 gible for a benefit payment under sec25 tion 1201(b) of title I of the Omnibus 


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1 Crime Control and Safe Streets Act of 

2 1968 (34 U.S.C. 10281(b)); and 

3 (ii) the amount of the total benefit 

4 payment the covered individual received 

5 under the Public Safety Officers’ Death 

6 Benefit Program before the date of enact7 ment of this Act; 

8 (B) in the case of a covered beneficiary, 

9 the amount of the total benefit payment the 

10 covered beneficiary would have received under 

11 subpart 2 of part L of title I of the Omnibus 

12 Crime Control and Safe Streets Act of 1968 

13 (34 U.S.C. 10301 et seq.) if the amendments 

14 made by section 3 of this Act had been in effect 

15 on the date on which the determination de16 scribed in subsection (a)(3)(B)(i) of this section 

17 was made; and 

18 (C) in the case of a covered claimant, the 

19 amount of the total benefit payment the covered 

20 individual on whose estate the covered claimant 

21 is a claimant would have received under the 

22 Public Safety Officers’ Death Benefit Program 

23 as of the date of the lump sum payment, if the 

24 amendments made by sections 2 and 3 had 

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1 mination described in subsection (a)(3)(B)(i) of 

2 this section was made. 

3 (2) APPLICATION.—A covered individual desir4 ing a lump sum payment under paragraph (1) shall 

5 apply to the Bureau of Justice Assistance for such 

6 lump sum payment not later than 3 years after the 

7 date of enactment of this Act. 

8 SEC. 5. DUE DILIGENCE IN PAYING BENEFIT CLAIMS 

9 UNDER THE PUBLIC SAFETY OFFICERS’ 

10 DEATH BENEFITS PROGRAM. 

11 Section 1206(b) of title I of the Omnibus Crime Con12 trol and Safe Streets Act of 1968 (34 U.S.C. 10288(b)) 

13 is amended by striking ‘‘the Bureau may not’’ and all that 

14 follows and inserting the following: ‘‘the Bureau— 

15 ‘‘(1) shall use all available investigative tools, 

16 including subpoenas, to— 

17 ‘‘(A) expedite the processing of the benefit 

18 claim; and 

19 ‘‘(B) obtain necessary information or docu20 mentation from third parties, including public 

21 agencies; and 

22 ‘‘(2) may not abandon the benefit claim unless 

23 the Bureau has used the investigative tools available 

24 to the Bureau to obtain the necessary information or 

25 documentation, including subpoenas.’’. 


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1 SEC. 6. EDUCATIONAL ASSISTANCE TO DEPENDENTS OF 

2 PUBLIC SAFETY OFFICERS KILLED OR DIS3 ABLED IN THE LINE OF DUTY. 

4 Section 1216(b) of title I of the Omnibus Crime Con5 trol and Safe Streets Act of 1968 (34 U.S.C. 10306(b)) 

6 is amended, in the first sentence, by striking ‘‘may’’ and 

7 inserting ‘‘shall’’. 

Æ 


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