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. 
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 Act may be cited as the ‘‘Protecting America’s 
First Responders Act’’. 
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SEC. 2. PAYMENT OF DEATH AND DISABILITY BENEFITS 
UNDER 
THE 
PUBLIC 
SAFETY 
OFFICERS’ 
DEATH BENEFITS PROGRAM. 
Section 1201 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (34 U.S.C. 10281) is amend-
ed— 
(1) in subsection (b), by striking the period at 
the end and inserting the following: ‘‘, unless the 
claim under this subsection has been pending for 
more than 1 year, in which case the amount payable 
shall be the amount that would be payable if the cat-
astrophic injury occurred on the date on which the 
Bureau makes a final determination that the public 
safety officer is entitled to a benefit payment under 
this subsection.’’; 
(2) in subsection (c), by striking ‘‘$3,000’’ and 
inserting ‘‘$6,000, adjusted in accordance with sub-
section (h),’’; 
(3) in subsection (h), by inserting ‘‘and the 
level of the interim benefit payable immediately be-
fore such October 1 under subsection (c)’’ after 
‘‘subsection (a)’’; 
(4) by striking subsection (i) and inserting the 
following: 
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‘‘(i) The amount payable under subsection (a), with 
respect to the death of a public safety officer, shall be the 
greater of— 
‘‘(1) the amount payable under that subsection 
as of the date of death of the public safety officer; 
or 
‘‘(2) the amount that would be payable under 
that subsection if the death of the public safety offi-
cer occurred on the date on which the Bureau makes 
a final determination that the public safety officer is 
entitled to a benefit payment under that sub-
section.’’; and 
(5) in subsection (m), by inserting ‘‘, (b),’’ after 
‘‘subsection (a)’’. 
SEC. 3. DEFINITIONS FOR THE PURPOSES OF THE PUBLIC 
SAFETY OFFICERS’ DEATH BENEFITS PRO-
GRAM. 
Section 1204 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (34 U.S.C. 10284) is amend-
ed— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) ‘catastrophic injury’ means an injury, the 
direct and proximate consequences of which— 
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‘‘(A) permanently prevent an individual 
from performing any gainful work; or 
‘‘(B) cause an individual to become— 
‘‘(i) parapalegic; 
‘‘(ii) quadriplegic; or 
‘‘(iii) blind;’’; 
(2) in paragraph (3), in the matter preceding 
subparagraph (A), by striking ‘‘at the time of the 
public safety officer’s fatal or catastrophic injury’’ 
and inserting ‘‘as of the date of the public safety of-
ficer’s death from a fatal injury or the date of deter-
mination of the public safety officer’s disability from 
a catastrophic injury’’; 
(3) in paragraph (4), by inserting ‘‘, including 
an individual who, in the capacity of the individual 
as such a member, engages in scene security or traf-
fic management as the primary or only duty of the 
individual during emergency response’’ before the 
semicolon; 
(4) by redesignating paragraphs (5) through 
(9) as paragraphs (6) through (10), respectively; 
and 
(5) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) ‘gainful work’— 
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cially arranged circumstances, such as 
a circumstance in which one or more 
other individuals are required to assist 
the individual in preparing for work 
or travelling to and from work; 
‘‘(iii)(I) the individual practices a 
hobby usually performed for pay or profit, 
regardless of whether a profit is realized; 
and 
‘‘(II) the primary intent of the indi-
vidual in practicing the hobby described in 
subclause (I)— 
‘‘(aa) is physical, mental, or emo-
tional rehabilitation of the individual 
from the injury; and 
‘‘(bb) is not realization of profit; 
or 
‘‘(iv) the individual is given the oppor-
tunity to work— 
‘‘(I) despite the injury of the in-
dividual; and 
‘‘(II) on the basis of— 
‘‘(aa) a family relationship 
of the individual; 
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‘‘(bb) a past association of 
the individual with the employer 
giving the individual the oppor-
tunity to work; or 
‘‘(cc) any other altruistic 
reason;’’. 
SEC. 4. RETROACTIVE APPLICABILITY. 
(a) DEFINITIONS.—For the purposes of this sec-
tion— 
(1) the term ‘‘covered beneficiary’’ means an in-
dividual who— 
(A) is, or was, a child or spouse of a cov-
ered individual described in paragraph (3)(B); 
and 
(B) would have been eligible for edu-
cational assistance under subpart 2 of part L of 
title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10301 et seq.) 
if the amendments made by section 3 of this 
Act had been in effect on the date on which the 
determination described in paragraph (3)(B)(i) 
of this subsection was made; 
(2) the term ‘‘covered claimant’’ means an indi-
vidual who is a claimant on the estate of a deceased 
covered individual— 
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(A) described in paragraph (3)(B); and 
(B) who died on or before the date of en-
actment of this Act; 
(3) the term ‘‘covered individual’’ means— 
(A) a beneficiary of a benefit under the 
Public Safety Officers’ Death Benefit Program 
that was paid— 
(i) with respect to a death or dis-
ability of a public safety officer sustained 
as the direct or proximate result of a per-
sonal injury sustained in the line of duty; 
and 
(ii) during the covered period; or 
(B) a public safety officer who— 
(i) was determined during the covered 
period to be ineligible for a benefit pay-
ment under section 1201(b) of title I of 
the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10281(b)); 
and 
(ii) would have been eligible for a ben-
efit payment under subpart L of that title 
due to the disability of the public safety of-
ficer if the amendments made by section 3 
had been in effect on the date on which the 
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determination described in clause (i) was 
made; 
(4) the term ‘‘covered period’’ means the pe-
riod— 
(A) beginning on the date of enactment of 
title XIII of the Crime Control Act of 1990 
(Public Law 101–647; 104 Stat. 4834); and 
(B) ending on the day before the date of 
enactment of the Protecting America’s First 
Responders Act; 
(5) the term ‘‘public safety officer’’ has the 
meaning given the term in section 1204 of title I of 
the Omnibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10284); and 
(6) the term ‘‘Public Safety Officers’ Death 
Benefit Program’’ means the program established 
under part L of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (34 U.S.C. 10281 
et seq.). 
(b) APPLICABILITY.—The amendments made by sec-
tions 2 and 3 shall apply to a death or disability of a public 
safety officer sustained as the direct or proximate result 
of a personal injury sustained in the line of duty— 
(1) subject to subsection (c), during the covered 
period; or 
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(2) on or after the date of enactment of this 
Act. 
(c) PAYMENT.— 
(1) IN GENERAL.—Subject to paragraph (2), 
upon application of a covered individual, covered 
beneficiary, or covered claimant, the Bureau of Jus-
tice Assistance shall make a lump sum payment to 
the covered individual, covered beneficiary, or cov-
ered claimant in the amount equal to the difference, 
if any, between— 
(A) in the case of a covered individual— 
(i) the amount of the total benefit 
payment the covered individual would have 
received under the Public Safety Officers’ 
Death Benefit Program as of the date of 
the lump sum payment, if the amendments 
made by sections 2 and 3 had been in ef-
fect on the date on which the covered indi-
vidual— 
(I) received the final benefit pay-
ment under the Public Safety Offi-
cers’ Death Benefit Program; or 
(II) was determined to be ineli-
gible for a benefit payment under sec-
tion 1201(b) of title I of the Omnibus 
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Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10281(b)); and 
(ii) the amount of the total benefit 
payment the covered individual received 
under the Public Safety Officers’ Death 
Benefit Program before the date of enact-
ment of this Act; 
(B) in the case of a covered beneficiary, 
the amount of the total benefit payment the 
covered beneficiary would have received under 
subpart 2 of part L of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 
(34 U.S.C. 10301 et seq.) if the amendments 
made by section 3 of this Act had been in effect 
on the date on which the determination de-
scribed in subsection (a)(3)(B)(i) of this section 
was made; and 
(C) in the case of a covered claimant, the 
amount of the total benefit payment the covered 
individual on whose estate the covered claimant 
is a claimant would have received under the 
Public Safety Officers’ Death Benefit Program 
as of the date of the lump sum payment, if the 
amendments made by sections 2 and 3 had 
been in effect on the date on which the deter-
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