IB 
Union Calendar No. 392 
112TH CONGRESS 
2D SESSION 
H. R. 4018 
[Report No. 112–548] 
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 
JUNE 25, 2012 
Additional sponsors: Mr. GERLACH, Mr. HOLT, Mr. WELCH, Mr. MARINO, Mr. 
POE of Texas, Mr. DENT, Ms. SCHWARTZ, Mr. MICHAUD, Mr. ROSS of 
Arkansas, Mr. GRIMM, Mr. LATHAM, Mr. PETERSON, Mr. ANDREWS, Mr. 
GIBSON, Mr. COLE, Mr. CONYERS, and Mr. HINCHEY 
JUNE 25, 2012 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 14, 2012] 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
A BILL 
To improve the Public Safety Officers’ Benefits Program. 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
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; MISCELLA-
NEOUS AMENDMENTS. 
(a) IN GENERAL.—Title I of the Omnibus Crime Con-
trol 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))— 
(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 ‘‘follows:’’ 
and all that follows and inserting the following: 
‘‘follows (if the payee indicated is living on the 
date on which the determination is made)— 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(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); 
‘‘(4) if there is no surviving spouse of the public 
safety officer and no surviving child— 
‘‘(A) to the surviving individual (or indi-
viduals, 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 designation 
of beneficiary of the public safety officer on file 
at the time of death with the public safety agen-
cy, 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 ben-
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
efits under the most recently executed life insur-
ance 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 
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 living 
on the date on which the determination is 
made)’’; 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
(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 of 
the date of catastrophic injury of such pub-
lic 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 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
(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 Victim 
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 officer 
shall be presumed to constitute a personal injury within 
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; 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(2) the heart attack, stroke, or vascular rupture 
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 described 
in paragraph (1); or 
‘‘(C) not later than 24 hours after the officer 
is engaged or participating as described in para-
graph (1); and 
‘‘(3) the heart attack, stroke, or vascular rupture 
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 en-
gagement or participation or was directly and proximately 
caused by something other than the mere presence of cardio-
vascular-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 purposes 
of subsection (a)(4) shall maintain the confidentiality of the 
designation or policy in the same manner as the agency, 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
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 in-
serting ‘‘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)— 
(A) in the section heading, by striking 
‘‘WHO HAVE DIED IN THE LINE OF DUTY’’ and 
inserting ‘‘WHO HAVE SUSTAINED FATAL OR CAT-
ASTROPHIC INJURY IN THE LINE OF DUTY’’; and 
(B) by striking ‘‘who have died in the line 
of duty’’ and inserting ‘‘who have sustained fatal 
or catastrophic injury in the line of duty’’; 
(5) in section 1204 (42 U.S.C. 3796b)— 
(A) in paragraph (1), by striking ‘‘con-
sequences of an injury that’’ and inserting ‘‘an 
injury, the direct and proximate consequences of 
which’’; 
(B) in paragraph (3)— 
(i) in the matter preceding clause (i)— 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
(I) by inserting ‘‘or permanently 
and totally disabled’’ after ‘‘deceased’’; 
and 
(II) by striking ‘‘death’’ and in-
serting ‘‘fatal or catastrophic injury’’; 
and 
(ii) by redesignating clauses (i), (ii), 
and (iii) as subparagraphs (A), (B), and 
(C), respectively; 
(C) in paragraph (5)— 
(i) by striking ‘‘post-mortem’’ each 
place it appears and inserting ‘‘post-in-
jury’’; and 
(ii) by redesignating clauses (i) and 
(ii) as subparagraphs (A) and (B), respec-
tively; 
(D) in paragraph (7), by striking ‘‘public 
employee member of a rescue squad or ambu-
lance crew;’’ and inserting ‘‘employee or volun-
teer member of a rescue squad or ambulance 
crew (including a ground or air ambulance serv-
ice) that— 
‘‘(A) is a public agency; or 
‘‘(B) is (or is a part of) a nonprofit entity 
serving the public that— 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(i) is officially authorized or licensed 
to engage in rescue activity or to provide 
emergency medical services; and 
‘‘(ii) engages in rescue activities or 
provides emergency medical services as part 
of an official emergency response system;’’; 
and 
(E) in paragraph (9)— 
(i) in subparagraph (A), by striking 
‘‘as a chaplain, or as a member of a rescue 
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 ‘‘; or’’; and 
(iv) by adding at the end the following: 
‘‘(D) a member of a rescue squad or ambu-
lance crew who, as authorized or licensed by law 
and by the applicable agency or entity, is engag-
ing in rescue activity or in the provision of 
emergency medical services.’’ 
(6) in section 1205 (42 U.S.C. 3796c), by adding 
at the end the following: 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(d) Unless expressly provided otherwise, any reference 
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 include 
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 
(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’’; 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
(9) in paragraphs (2) and (3) of section 1213(b) 
(42 U.S.C. 3796d–2(b)), by striking ‘‘dependent’s’’ 
each place it appears and inserting ‘‘person’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 
(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) AMENDMENT RELATED TO EXPEDITED PAYMENT 
FOR PUBLIC SAFETY OFFICERS INVOLVED IN THE PREVEN-
TION, INVESTIGATION, RESCUE, OR RECOVERY EFFORTS 
RELATED TO A TERRORIST ATTACK.—Section 611(a) of the 
Uniting and Strengthening America by Providing Appro-
priate Tools Required to Intercept and Obstruct Terrorism 
(USA PATRIOT ACT) Act of 2001 (42 U.S.C. 3796c–1(a)) 
is amended by inserting ‘‘or an entity described in section 
1204(7)(B) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796b(7)(B))’’ after ‘‘employed by 
such agency’’. 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
(c) TECHNICAL AND CONFORMING AMENDMENT.—Sec-
tion 402(l)(4)(C) of the Internal Revenue Code of 1986 is 
amended— 
(1) by striking ‘‘section 1204(9)(A)’’ and insert-
ing ‘‘section 1204(10)(A)’’; and 
(2) by striking ‘‘42 U.S.C. 3796b(9)(A)’’ and in-
serting ‘‘42 U.S.C. 3796b(10)(A)’’. 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS; DETERMINA-
TIONS; APPEALS. 
The matter under the heading ‘‘PUBLIC SAFETY OFFI-
CERS BENEFITS’’ under the heading ‘‘OFFICE OF JUSTICE 
PROGRAMS’’ under title II of division B of the Consolidated 
Appropriations Act, 2008 (Public Law 110–161; 121 Stat. 
1912; 42 U.S.C. 3796c–2) is amended— 
(1) by striking ‘‘decisions’’ and inserting ‘‘deter-
minations’’; 
(2) by striking ‘‘(including those, and any re-
lated matters, pending)’’; and 
(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 Offi-
cers’ 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; 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(2) payment (other than payment made pursu-
ant to section 611 of the Uniting and Strengthening 
America by Providing Appropriate Tools Required to 
Intercept and Obstruct Terrorism (USA PATRIOT 
ACT) Act of 2001 (42 U.S.C. 3796c–1)) shall be made 
only upon a determination by the Bureau that the 
facts legally warrant 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 (other than a certification submitted pursuant 
to section 611 of the Uniting and Strengthening 
America by Providing Appropriate Tools Required to 
Intercept and Obstruct Terrorism (USA PATRIOT 
ACT) Act of 2001 (42 U.S.C. 3796c–1)) may be ac-
cepted by the Bureau as prima facie evidence of the 
facts asserted in the certification: 
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 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
after the date on which the Bureau serves notice of the final 
determination: Provided further, That any regulations pro-
mulgated by the Bureau under such part (or any such stat-
ute) before, on, or after the date of enactment 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 regulations, except as the 
Bureau may, consistent with the interests of justice, indi-
cate otherwise.’’. 
SEC. 4. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the amendments made by this Act 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 ambulance crew 
(as defined in section 1204(7) of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968, as 
amended by this Act), the amendments made by this 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
Act shall apply to injuries sustained on or after June 
1, 2009. 
(2) HEART ATTACKS, STROKES, AND VASCULAR 
RUPTURES.—Section 1201(k) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968, as 
amended by this Act, shall apply to heart attacks, 
strokes, and vascular ruptures sustained on or after 
December 15, 2003. 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS
Union Calendar No. 392 
112TH CONGRESS 
2D SESSION 
H. R. 4018 
[Report No. 112–548] 
A BILL 
To improve the Public Safety Officers’ Benefits 
Program. 
JUNE 25, 2012 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Mar 15 2010 
21:13 Jun 25, 2012
Jkt 019200
PO 00000
Frm 00018
Fmt 6651
Sfmt 6651
E:\BILLS\H4018.RH
H4018
srobinson on DSK4SPTVN1PROD with BILLS