II 

116TH CONGRESS 

1ST SESSION S. 1208 

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 SENATE OF THE UNITED STATES 

APRIL 11, 2019 

Mr. GRASSLEY (for himself and Mrs. GILLIBRAND) introduced the following 

bill; which was read twice and 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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•S 1208 IS

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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•S 1208 IS

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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•S 1208 IS

1 ‘‘(A) permanently prevent an individual 

2 from performing any gainful work; or 

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

4 ‘‘(i) paraplegic; 

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) by redesignating paragraphs (5) through 

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

16 and 

17 (4) by inserting after paragraph (4) the fol18 lowing: 

19 ‘‘(5) ‘gainful work’— 

20 ‘‘(A) means any activity usually performed 

21 for pay or profit, regardless of whether a profit 

22 is realized; and 

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

24 situation in which, after an individual sustains 

25 an injury— 


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•S 1208 IS

1 ‘‘(i) the individual— 

2 ‘‘(I) re-enters the workforce; and 

3 ‘‘(II) leaves the workforce after 

4 less than 90 days because of the in5 ability of the individual to overcome 

6 the injury; 

7 ‘‘(ii) because of the injury— 

8 ‘‘(I) the individual is permitted, 

9 in carrying out work, to— 

10 ‘‘(aa) perform at a lower 

11 standard of productivity or effi12 ciency than other similarly situ13 ated employees; 

14 ‘‘(bb) work irregular hours; 

15 or 

16 ‘‘(cc) take frequent rest pe17 riods; or 

18 ‘‘(II) the individual is only able 

19 to work within a framework of spe20 cially arranged circumstances, such as 

21 a circumstance in which 1 or more 

22 other individuals are required to assist 

23 the individual in preparing for work 

24 or traveling to and from work; 


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

2 hobby usually performed for pay or profit, 

3 regardless of whether a profit is realized; 

4 and 

5 ‘‘(II) the primary intent of the indi6 vidual in practicing the hobby described in 

7 subclause (I)— 

8 ‘‘(aa) is physical, mental, or emo9 tional rehabilitation of the individual 

10 from the injury; and 

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

12 or 

13 ‘‘(iv) the individual is given the oppor14 tunity to work— 

15 ‘‘(I) despite the injury of the in16 dividual; and 

17 ‘‘(II) on the basis of— 

18 ‘‘(aa) a family relationship 

19 of the individual; 

20 ‘‘(bb) a past association of 

21 the individual with the employer 

22 giving the individual the oppor23 tunity to work; or 

24 ‘‘(cc) any other altruistic 

25 reason;’’. 


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•S 1208 IS

1 SEC. 4. RETROACTIVE APPLICABILITY. 

2 (a) DEFINITIONS.—For the purposes of this sec3 tion— 

4 (1) the term ‘‘covered beneficiary’’ means an in5 dividual who— 

6 (A) is, or was, a child or spouse of a cov7 ered individual described in paragraph (3)(B); 

8 and 

9 (B) would have been eligible for edu10 cational assistance under subpart 2 of part L of 

11 title I of the Omnibus Crime Control and Safe 

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

13 if the amendments made by section 3 of this 

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

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

16 of this subsection was made; 

17 (2) the term ‘‘covered claimant’’ means an indi18 vidual who is a claimant on the estate of a deceased 

19 covered individual— 

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

21 (B) who died on or before the date of en22 actment of this Act; 

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

24 (A) a beneficiary of a benefit under the 

25 Public Safety Officers’ Death Benefit Program 

26 that was paid— 


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•S 1208 IS

1 (i) with respect to a death or dis2 ability of a public safety officer sustained 

3 as the direct or proximate result of a per4 sonal injury sustained in the line of duty; 

5 and 

6 (ii) during the covered period; or 

7 (B) a public safety officer who— 

8 (i) was determined during the covered 

9 period to be ineligible for a benefit pay10 ment under section 1201(b) of title I of 

11 the Omnibus Crime Control and Safe 

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

13 and 

14 (ii) would have been eligible for a ben15 efit payment under subpart L of that title 

16 due to the disability of the public safety of17 ficer if the amendments made by section 3 

18 had been in effect on the date on which the 

19 determination described in clause (i) was 

20 made; 

21 (4) the term ‘‘covered period’’ means the pe22 riod— 

23 (A) beginning on the date of enactment of 

24 title XIII of the Crime Control Act of 1990 

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


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•S 1208 IS

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

2 enactment of the Protecting America’s First 

3 Responders Act; 

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

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

6 the Omnibus Crime Control and Safe Streets Act of 

7 1968 (34 U.S.C. 10284); and 

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

9 Benefit Program’’ means the program established 

10 under part L of title I of the Omnibus Crime Con11 trol and Safe Streets Act of 1968 (34 U.S.C. 10281 

12 et seq.). 

13 (b) APPLICABILITY.—The amendments made by sec14 tions 2 and 3 shall apply to a death or disability of a public 

15 safety officer sustained as the direct or proximate result 

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

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

18 period; or 

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

20 Act. 

21 (c) PAYMENT.— 

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

23 upon application of a covered individual, covered 

24 beneficiary, or covered claimant, the Bureau of Jus25 tice Assistance shall make a lump sum payment to 


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•S 1208 IS

1 the covered individual, covered beneficiary, or cov2 ered claimant in the amount equal to the difference, 

3 if any, between— 

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

5 (i) the amount of the total benefit 

6 payment the covered individual would have 

7 received under the Public Safety Officers’ 

8 Death Benefit Program as of the date of 

9 the lump sum payment, if the amendments 

10 made by sections 2 and 3 had been in ef11 fect on the date on which the covered indi12 vidual— 

13 (I) received the final benefit pay14 ment under the Public Safety Offi15 cers’ Death Benefit Program; or 

16 (II) was determined to be ineli17 gible for a benefit payment under sec18 tion 1201(b) of title I of the Omnibus 

19 Crime Control and Safe Streets Act of 

20 1968 (34 U.S.C. 10281(b)); and 

21 (ii) the amount of the total benefit 

22 payment the covered individual received 

23 under the Public Safety Officers’ Death 

24 Benefit Program before the date of enact25 ment of this Act; 


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•S 1208 IS

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

2 the amount of the total benefit payment the 

3 covered beneficiary would have received under 

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

5 Crime Control and Safe Streets Act of 1968 

6 (34 U.S.C. 10301 et seq.) if the amendments 

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

8 on the date on which the determination de9 scribed in subsection (a)(3)(B)(i) of this section 

10 was made; and 

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

12 amount of the total benefit payment the covered 

13 individual on whose estate the covered claimant 

14 is a claimant would have received under the 

15 Public Safety Officers’ Death Benefit Program 

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

17 amendments made by sections 2 and 3 had 

18 been in effect on the date on which the deter19 mination described in subsection (a)(3)(B)(i) of 

20 this section was made. 

21 (2) APPLICATION.—A covered individual desir22 ing a lump sum payment under paragraph (1) shall 

23 apply to the Bureau of Justice Assistance for such 

24 lump sum payment not later than 3 years after the 

25 date of enactment of this Act. 


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•S 1208 IS

1 SEC. 5. DUE DILIGENCE IN PAYING BENEFIT CLAIMS 

2 UNDER THE PUBLIC SAFETY OFFICERS’ 

3 DEATH BENEFITS PROGRAM. 

4 Section 1206(b) of title I of the Omnibus Crime Con5 trol and Safe Streets Act of 1968 (34 U.S.C. 10288(b)) 

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

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

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

9 including subpoenas, to— 

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

11 claim; and 

12 ‘‘(B) obtain necessary information or docu13 mentation from third parties, including public 

14 agencies; and 

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

16 the Bureau has used the investigative tools available 

17 to the Bureau to obtain the necessary information or 

18 documentation, including subpoenas.’’. 

19 SEC. 6. EDUCATIONAL ASSISTANCE TO DEPENDENTS OF 

20 PUBLIC SAFETY OFFICERS KILLED OR DIS21 ABLED IN THE LINE OF DUTY. 

22 Section 1216(b) of title I of the Omnibus Crime Con23 trol and Safe Streets Act of 1968 (34 U.S.C. 10306(b)) 

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

25 inserting ‘‘shall’’. 

Æ 


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