I 

114TH CONGRESS 

2D SESSION H. R. 5123 

To ensure that the United States provides for the families of law enforcement 

officers, firefighters, and other emergency responders who fall in the 

line of duty. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2016 

Mr. PASCRELL (for himself, Mr. REICHERT, Mr. COURTNEY, and Mr. MEEHAN) introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To ensure that the United States provides for the families 

of law enforcement officers, firefighters, and other emergency responders who fall in the line of duty. 

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 ‘‘Honoring Emergency 

5 Response Officers Benefits Reform Act of 2016’’ or the 

6 ‘‘HERO Benefits Reform Act of 2016’’. 


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1 SEC. 2. PRESUMPTION THAT OFFICER ACTED PROPERLY. 

2 Section 1202 of title I of the Omnibus Crime Control 

3 and Safe Streets Act of 1968 (42 U.S.C. 3796a) is amend4 ed— 

5 (1) by striking ‘‘No benefit’’ and inserting the 

6 following: 

7 ‘‘(a) IN GENERAL.—No benefit’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(b) PRESUMPTION.—In determining whether a ben10 efit is payable under this part, the Bureau shall— 

11 ‘‘(1) presume that none of the limitations under 

12 subsection (a) apply; and 

13 ‘‘(2) have the burden of establishing by clear 

14 and convincing evidence that a limitation under sub15 section (a) applies.’’. 

16 SEC. 3. BACKLOG OF CLAIMS. 

17 Subpart 1 of part L of title I of the Omnibus Crime 

18 Control and Safe Streets Act of 1968 (42 U.S.C. 3796a) 

19 is amended by adding at the end the following: 

20 ‘‘SEC. 1206. APPEALS. 

21 ‘‘(a) STANDARD OF REVIEW.—Notwithstanding sec22 tion 706 of title 5, United States Code, or any other provi23 sion of law, in any appeal of a determination of the Bu24 reau to deny a claim under this part, including an appeal 

25 to a hearing officer of the Bureau, to the Director, or to 


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1 a court of the United States, the reviewing official or court 

2 shall review the determination de novo. 

3 ‘‘(b) EXCEPTION TO ADMINISTRATIVE EXHAUSTION

4 REQUIREMENT.— 

5 ‘‘(1) IN GENERAL.—Notwithstanding section 

6 704 of title 5, United States Code, or any other pro7 vision of law, an individual who files a claim for ben8 efits under this part with the Bureau may file a sub9 sequent claim with the United States Court of Fed10 eral Claims seeking an award of benefits under this 

11 part despite an absence of final agency action with 

12 respect to the original claim filed with the Bureau 

13 if— 

14 ‘‘(A) the Bureau does not make a deter15 mination with respect to the original claim 

16 within 1 year of the date on which the claim 

17 was filed with the Bureau; 

18 ‘‘(B)(i) the Bureau denies the original 

19 claim within 1 year of the date on which the 

20 claim was filed with the Bureau; 

21 ‘‘(ii) the individual appeals the denial 

22 under clause (i) to a hearing officer; and 

23 ‘‘(iii) the hearing officer does not make a 

24 determination with respect to the original claim 


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1 within 180 days of the date on which the appeal 

2 was filed under clause (ii); or 

3 ‘‘(C)(i) the Bureau denies the original 

4 claim within 1 year of the date on which the 

5 claim was filed with the Bureau; 

6 ‘‘(ii) the individual appeals the denial 

7 under clause (i) to a hearing officer; 

8 ‘‘(iii) the hearing officer denies the original 

9 claim within 180 days of the date on which the 

10 appeal was filed under clause (ii); 

11 ‘‘(iv) the individual appeals the denial 

12 under clause (iii) to the Director; and 

13 ‘‘(v) the Director does not make a deter14 mination with respect to the original claim 

15 within 180 days of the date on which the appeal 

16 was filed under clause (iv). 

17 ‘‘(2) STANDARD OF REVIEW.—The United 

18 States Court of Federal Claims shall review a claim 

19 filed under paragraph (1) without regard to any de20 termination made by the Bureau, including a hear21 ing officer of the Bureau, with respect to the origi22 nal claim filed with the Bureau. 

23 ‘‘(3) DETERMINATION OF WHETHER ORIGINAL

24 CLAIM IS COMPLETE.—For purposes of determining 

25 whether an individual is eligible to file a claim under 


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1 paragraph (1), the United States Court of Federal 

2 Claims shall determine the date on which the origi3 nal claim was filed with the Bureau without regard 

4 to whether the Bureau has deemed the application 

5 that forms the basis of the original claim to be in6 complete and thus not constitute an official claim.’’. 

7 SEC. 4. TRANSPARENCY. 

8 Subpart 1 of part L of title I of the Omnibus Crime 

9 Control and Safe Streets Act of 1968 (42 U.S.C. 3796a), 

10 as amended by section 3, is amended by adding at the 

11 end the following: 

12 ‘‘SEC. 1207. ANNUAL REPORT. 

13 ‘‘Not later than 60 days after the last day of each 

14 fiscal year, the Bureau shall submit to Congress and pub15 lish publically on the website of the Bureau a report that 

16 includes— 

17 ‘‘(1) the number of claims filed under this part 

18 during the fiscal year, broken down by— 

19 ‘‘(A) the type of benefit sought, meaning 

20 death, disability, educational benefit, and any 

21 combination thereof; and 

22 ‘‘(B) the type of public safety officer to 

23 which each claim pertains; 

24 ‘‘(2) the number of claims filed that were 

25 granted during the fiscal year; 


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1 ‘‘(3) the number of claims filed that were de2 nied during the fiscal year, broken down by the rea3 son for denial; and 

4 ‘‘(4) the number of claims filed as of the last 

5 day of the fiscal year, broken down by— 

6 ‘‘(A) the date on which each claim was 

7 filed; and 

8 ‘‘(B) the reason why the Bureau has been 

9 unable to render a decision. 

10 The Attorney General shall make such report pub11 lically available over the Internet.’’. 

12 SEC. 5. EXTENDING PUBLIC SAFETY OFFICER DEATH BENE13 FITS TO FIRE POLICE AND FIRE INVESTIGA14 TORS. 

15 (a) IN GENERAL.—Section 1204 of title I of the Om16 nibus Crime Control and Safe Streets Act of 1968 (42 

17 U.S.C. 3796b) is amended— 

18 (1) by redesignating paragraphs (5) through 

19 (9) as paragraphs (7) through (11), respectively; 

20 (2) in paragraph (11)(A), as so redesignated, 

21 by inserting ‘‘as a fire police officer, fire investi22 gator’’ after ‘‘firefighter,’’; and 

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


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1 ‘‘(5) ‘fire police officer’ includes an individual 

2 who— 

3 ‘‘(A) is serving in accordance with State or 

4 local law as an officially recognized or des5 ignated member of a legally organized public 

6 safety agency; 

7 ‘‘(B) is not a law enforcement officer, a 

8 firefighter, a chaplain, or a member of a rescue 

9 squad or ambulance crew described in para10 graph (10)(A); and 

11 ‘‘(C) is officially authorized to provide 

12 scene security or direct traffic— 

13 ‘‘(i) in response to any fire drill, fire 

14 call, or other fire, rescue, or police emer15 gency; or 

16 ‘‘(ii) at a planned special event; 

17 ‘‘(6) ‘fire investigator’ includes any individual 

18 who— 

19 ‘‘(A) is serving in accordance with State or 

20 local law as an officially recognized or des21 ignated member of a legally organized public 

22 safety agency; and 

23 ‘‘(B) is officially authorized to conduct, co24 ordinate and complete fire and explosion inves25 tigations;’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

2 Section 611(a) of the Uniting and Strengthening America 

3 by Providing Appropriate Tools Required to Intercept and 

4 Obstruct Terrorism Act of 2001 (42 U.S.C. 3796c–1(a)) 

5 is amended— 

6 (1) by striking ‘‘section 1204(7)(B)’’ and in7 serting ‘‘section 1204(8)(B)’’; and 

8 (2) by striking ‘‘(42 U.S.C. 3796b(7)(B))’’ and 

9 inserting ‘‘(42 U.S.C. 3796b(8)(B))’’. 

Æ 


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