I 
112TH CONGRESS 
2D SESSION 
H. R. 4018 
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 
A BILL 
To improve the Public Safety Officers’ Benefits Program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This title may be cited as the ‘‘Public Safety Officers’ 
Benefits Improvements Act of 2012’’. 
SEC. 2. BENEFITS FOR CERTAIN NONPROFIT EMERGENCY 
MEDICAL SERVICE PROVIDERS AND CERTAIN 
TRAINEES; MISCELLANEOUS AMENDMENTS. 
(a) IN GENERAL.—Title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 
et seq.) is amended— 
(1) in section 901(a) (42 U.S.C. 3791(a))— 
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(A) in paragraph (26), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (27), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(28) the term ‘hearing examiner’ includes any 
medical or claims examiner.’’; 
(2) in section 1201 (42 U.S.C. 3796)— 
(A) in subsection (a), by striking ‘‘fol-
lows:’’ and all that follows and inserting the fol-
lowing: ‘‘follows (if the payee indicated is living 
on the date on which the determination is 
made)— 
‘‘(1) if there is no child who survived the public 
safety officer, to the surviving spouse of the public 
safety officer; 
‘‘(2) if there is at least 1 child who survived the 
public safety officer and a surviving spouse of the 
public safety officer, 50 percent to the surviving 
child (or children, in equal shares) and 50 percent 
to the surviving spouse; 
‘‘(3) if there is no surviving spouse of the public 
safety officer, to the surviving child (or children, in 
equal shares); 
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‘‘(4) if there is no surviving spouse of the public 
safety officer and no surviving child— 
‘‘(A) to the surviving individual (or individ-
uals, in shares per the designation, or, other-
wise, in equal shares) designated by the public 
safety officer to receive benefits under this sub-
section in the most recently executed designa-
tion of beneficiary of the public safety officer on 
file at the time of death with the public safety 
agency, organization, or unit; or 
‘‘(B) if there is no individual qualifying 
under subparagraph (A), to the surviving indi-
vidual (or individuals, in equal shares) des-
ignated by the public safety officer to receive 
benefits under the most recently executed life 
insurance policy of the public safety officer on 
file at the time of death with the public safety 
agency, organization, or unit; 
‘‘(5) if there is no individual qualifying under 
paragraph (1), (2), (3), or (4), to the surviving par-
ent (or parents, in equal shares) of the public safety 
officer; or 
‘‘(6) if there is no individual qualifying under 
paragraph (1), (2), (3), (4), or (5), to the surviving 
individual (or individuals, in equal shares) who 
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would qualify under the definition of the term ‘child’ 
under section 1204 but for age.’’; 
(B) in subsection (b)— 
(i) by striking ‘‘direct result of a cata-
strophic’’ and inserting ‘‘direct and proxi-
mate result of a personal’’; 
(ii) by striking ‘‘pay,’’ and all that fol-
lows through ‘‘the same’’ and inserting 
‘‘pay the same’’; 
(iii) by striking ‘‘in any year’’ and in-
serting ‘‘to the public safety officer (if liv-
ing on the date on which the determination 
is made)’’; 
(iv) by striking ‘‘in such year, ad-
justed’’ and inserting ‘‘with respect to the 
date on which the catastrophic injury oc-
curred, as adjusted’’; 
(v) by striking ‘‘, to such officer’’; 
(vi) by striking ‘‘the total’’ and all 
that follows through ‘‘For’’ and inserting 
‘‘for’’; and 
(vii) by striking ‘‘That these’’ and all 
that follows through the period, and insert-
ing ‘‘That the amount payable under this 
subsection shall be the amount payable as 
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of the date of catastrophic injury of such 
public safety officer.’’; 
(C) in subsection (f)— 
(i) in paragraph (1), by striking ‘‘, as 
amended (D.C. Code, sec. 4–622); or’’ and 
inserting a semicolon; 
(ii) in paragraph (2)— 
(I) by striking ‘‘. Such bene-
ficiaries shall only receive benefits 
under such section 8191 that’’ and in-
serting ‘‘, such that beneficiaries shall 
receive only such benefits under such 
section 8191 as’’; and 
(II) by striking the period at the 
end and inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(3) payments under the September 11th Vic-
tim Compensation Fund of 2001 (49 U.S.C. 40101 
note; Public Law 107–42).’’; 
(D) by amending subsection (k) to read as 
follows: 
‘‘(k) As determined by the Bureau, a heart attack, 
stroke, or vascular rupture suffered by a public safety offi-
cer shall be presumed to constitute a personal injury with-
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in the meaning of subsection (a), sustained in the line of 
duty by the officer and directly and proximately resulting 
in death, if— 
‘‘(1) the public safety officer, while on duty— 
‘‘(A) engages in a situation involving non-
routine stressful or strenuous physical law en-
forcement, fire suppression, rescue, hazardous 
material response, emergency medical services, 
prison security, disaster relief, or other emer-
gency response activity; or 
‘‘(B) participates in a training exercise in-
volving nonroutine stressful or strenuous phys-
ical activity; 
‘‘(2) the heart attack, stroke, or vascular rup-
ture commences— 
‘‘(A) while the officer is engaged or partici-
pating as described in paragraph (1); 
‘‘(B) while the officer remains on that duty 
after being engaged or participating as de-
scribed in paragraph (1); or 
‘‘(C) not later than 24 hours after the offi-
cer is engaged or participating as described in 
paragraph (1); and 
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‘‘(3) the heart attack, stroke, or vascular rup-
ture directly and proximately results in the death of 
the public safety officer, 
unless competent medical evidence establishes that the 
heart attack, stroke, or vascular rupture was unrelated to 
the engagement or participation or was directly and proxi-
mately caused by something other than the mere presence 
of cardiovascular-disease risk factors.’’; and 
(E) by adding at the end the following: 
‘‘(n) The public safety agency, organization, or unit 
responsible for maintaining on file an executed designation 
of beneficiary or executed life insurance policy for pur-
poses of subsection (a)(4) shall maintain the confiden-
tiality of the designation or policy in the same manner 
as the agency, organization, or unit maintains personnel 
or other similar records of the public safety officer.’’; 
(3) in section 1202 (42 U.S.C. 3796a)— 
(A) by striking ‘‘death’’, each place it ap-
pears except the second place it appears, and 
inserting ‘‘fatal’’; and 
(B) in paragraph (1), by striking ‘‘or cata-
strophic injury’’ the second place it appears and 
inserting ‘‘, disability, or injury’’; 
(4) in section 1203 (42 U.S.C. 3796a–1)— 
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squad or ambulance crew;’’ and inserting 
‘‘or as a chaplain;’’; 
(ii) in subparagraph (B)(ii), by strik-
ing ‘‘or’’ after the semicolon; 
(iii) in subparagraph (C)(ii), by strik-
ing the period and inserting a semicolon; 
and 
(iv) by adding at the end the fol-
lowing: 
‘‘(D) a member of a rescue squad or am-
bulance crew who, as authorized or licensed by 
law and by the applicable agency or entity (and 
as designated by such agency or entity), is en-
gaging in rescue activity or in the provision of 
emergency medical services.’’ 
(6) in section 1205 (42 U.S.C. 3796c), by add-
ing at the end the following: 
‘‘(d) Unless expressly provided otherwise, any ref-
erence in this part to any provision of law not in this part 
shall be understood to constitute a general reference under 
the doctrine of incorporation by reference, and thus to in-
clude any subsequent amendments to the provision.’’; 
(7) in each of subsections (a) and (b) of section 
1212 (42 U.S.C. 3796d–1), sections 1213 and 1214 
(42 U.S.C. 3796d–2 and 3796d–3), and subsections 
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(b) and (c) of section 1216 (42 U.S.C. 3796d–5), by 
striking ‘‘dependent’’ each place it appears and in-
serting ‘‘person’’; 
(8) in section 1212 (42 U.S.C. 3796d–1)— 
(A) in subsection (a)— 
(i) in paragraph (1), in the matter 
preceding subparagraph (A), by striking 
‘‘Subject’’ and all that follows through ‘‘, 
the’’ and inserting ‘‘The’’; and 
(ii) in paragraph (3), by striking ‘‘re-
duced by’’ and all that follows through 
‘‘(B) the amount’’ and inserting ‘‘reduced 
by the amount’’; 
(B) in subsection (c)— 
(i) in the subsection heading, by strik-
ing ‘‘DEPENDENT’’; and 
(ii) by striking ‘‘dependent’’; 
(9) in paragraphs (2) and (3) of section 
1213(b) (42 U.S.C. 3796d–2(b)), by striking ‘‘de-
pendent’s’’ each place it appears and inserting ‘‘per-
son’s’’; 
(10) in section 1216 (42 U.S.C. 3796d–5)— 
(A) in subsection (a), by striking ‘‘each de-
pendent’’ each place it appears and inserting ‘‘a 
spouse or child’’; and 
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(B) by striking ‘‘dependents’’ each place it 
appears and inserting ‘‘a person’’; and 
(11) in section 1217(3)(A) (42 U.S.C. 3796d– 
6(3)(A)), by striking ‘‘described in’’ and all that fol-
lows and inserting ‘‘an institution of higher edu-
cation, as defined in section 102 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1002); and’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 402(l)(4)(C) of the Internal Revenue Code of 
1986 is amended— 
(1) by striking ‘‘section 1204(9)(A)’’ and in-
serting ‘‘section 1204(10)(A)’’; and 
(2) by striking ‘‘42 U.S.C. 3796b(9)(A)’’ and 
inserting ‘‘42 U.S.C. 3796b(10)(A)’’. 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS; DETER-
MINATIONS; APPEALS. 
The matter under the heading ‘‘PUBLIC SAFETY OF-
FICERS BENEFITS’’ under the heading ‘‘OFFICE OF JUS-
TICE PROGRAMS’’ under title II of division B of the Con-
solidated Appropriations Act, 2008 (Public Law 110–161; 
121 Stat. 1912; 42 U.S.C. 3796c–2) is amended— 
(1) by striking ‘‘decisions’’ and inserting ‘‘de-
terminations’’; 
(2) by striking ‘‘(including those, and any re-
lated matters, pending)’’; and 
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(3) by striking the period at the end and insert-
ing the following: ‘‘: Provided further, That, on and 
after the date of enactment of the Public Safety Of-
ficers’ Benefits Improvements Act of 2012, as to 
each such statute— 
‘‘(1) the provisions of section 1001(a)(4) of 
such title I (42 U.S.C. 3793(a)(4)) shall apply; 
‘‘(2) payment shall be made only upon a deter-
mination by the Bureau that the facts legally war-
rant the payment; 
‘‘(3) any reference to section 1202 of such title 
I shall be deemed to be a reference to paragraphs 
(2) and (3) of such section 1202; and 
‘‘(4) a certification submitted under any such 
statute may be accepted by the Bureau as prima 
facie evidence of the facts asserted in the certifi-
cation: 
Provided further, That, on and after the date of enactment 
of the Public Safety Officers’ Benefits Improvements Act 
of 2012, no appeal shall bring any final determination of 
the Bureau before any court for review unless notice of 
appeal is filed (within the time specified herein and in the 
manner prescribed for appeal to United States courts of 
appeals from United States district courts) not later than 
90 days after the date on which the Bureau serves notice 
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of the final determination: Provided further, That any reg-
ulations promulgated by the Bureau under such part (or 
any such statute) before, on, or after the date of enact-
ment of the Public Safety Officers’ Benefits Improvements 
Act of 2012 shall apply to any matter pending on, or filed 
or accruing after, the effective date specified in the regula-
tions, except as the Bureau may indicate otherwise.’’. 
SEC. 4. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the amendments made by this title shall— 
(1) take effect on the date of enactment of this 
Act; and 
(2) apply to any matter pending, before the Bu-
reau of Justice Assistance or otherwise, on the date 
of enactment of this Act, or filed or accruing after 
that date. 
(b) EXCEPTIONS.— 
(1) 
RESCUE
SQUADS
AND
AMBULANCE 
CREWS.—For a member of a rescue squad or ambu-
lance crew (as defined in section 1204(8) of title I 
of the Omnibus Crime Control and Safe Streets Act 
of 1968, as amended by this title), the amendments 
made by this title shall apply to injuries sustained 
on or after June 1, 2009. 
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