HR 4018 EHPCSCommentsClose CommentsPermalink

Calendar No. 441CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 4018CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

June 28, 2012CommentsClose CommentsPermalink

ReceivedCommentsClose CommentsPermalink

June 29, 2012CommentsClose CommentsPermalink

Read the first timeCommentsClose CommentsPermalink

July 9, 2012CommentsClose CommentsPermalink

Read the second time and placed on the calendarCommentsClose CommentsPermalink

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AN ACTCommentsClose CommentsPermalink

To improve the Public Safety Officers’ Benefits Program.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This title may be cited as the ‘Public Safety Officers’ Benefits Improvements Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. BENEFITS FOR CERTAIN NONPROFIT EMERGENCY MEDICAL SERVICE PROVIDERS; 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--CommentsClose CommentsPermalink





(1) in section 901(a) (42 U.S.C. 3791(a))--CommentsClose CommentsPermalink





(A) in paragraph (26), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) in paragraph (27), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(28) the term ‘hearing examiner’ includes any medical or claims examiner.’;CommentsClose CommentsPermalink





(2) in section 1201 (42 U.S.C. 3796)--CommentsClose CommentsPermalink





(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)--CommentsClose CommentsPermalink





‘(1) if there is no child who survived the public safety officer, to the surviving spouse of the public safety officer;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(3) if there is no surviving spouse of the public safety officer, to the surviving child (or children, in equal shares);CommentsClose CommentsPermalink





‘(4) if there is no surviving spouse of the public safety officer and no surviving child--CommentsClose CommentsPermalink





‘(A) to the surviving individual (or individuals, in shares per the designation, or, otherwise, in equal shares) designated by the public safety officer to receive benefits under this subsection in the most recently executed designation of beneficiary of the public safety officer on file at the time of death with the public safety agency, organization, or unit; orCommentsClose CommentsPermalink





‘(B) if there is no individual qualifying under subparagraph (A), to the surviving individual (or individuals, in equal shares) designated 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;CommentsClose CommentsPermalink





‘(5) if there is no individual qualifying under paragraph (1), (2), (3), or (4), to the surviving parent (or parents, in equal shares) of the public safety officer; orCommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(B) in subsection (b)--CommentsClose CommentsPermalink





(i) by striking ‘direct result of a catastrophic’ and inserting ‘direct and proximate result of a personal’;CommentsClose CommentsPermalink





(ii) by striking ‘pay,’ and all that follows through ‘the same’ and inserting ‘pay the same’;CommentsClose CommentsPermalink





(iii) by striking ‘in any year’ and inserting ‘to the public safety officer (if living on the date on which the determination is made)’;CommentsClose CommentsPermalink





(iv) by striking ‘in such year, adjusted’ and inserting ‘with respect to the date on which the catastrophic injury occurred, as adjusted’;CommentsClose CommentsPermalink





(v) by striking ‘, to such officer’;CommentsClose CommentsPermalink





(vi) by striking ‘the total’ and all that follows through ‘For’ and inserting ‘for’; andCommentsClose CommentsPermalink





(vii) by striking ‘That these’ and all that follows through the period, and inserting ‘That the amount payable under this subsection shall be the amount payable as of the date of catastrophic injury of such public safety officer.’;CommentsClose CommentsPermalink





(C) in subsection (f)--CommentsClose CommentsPermalink





(i) in paragraph (1), by striking ‘, as amended (D.C. Code, sec. 4-622); or’ and inserting a semicolon;CommentsClose CommentsPermalink





(ii) in paragraph (2)--CommentsClose CommentsPermalink





(I) by striking ‘. Such beneficiaries shall only receive benefits under such section 8191 that’ and inserting ‘, such that beneficiaries shall receive only such benefits under such section 8191 as’; andCommentsClose CommentsPermalink





(II) by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) payments under the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note; Public Law 107-42).’;CommentsClose CommentsPermalink





(D) by amending subsection (k) to read as follows:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(1) the public safety officer, while on duty--CommentsClose CommentsPermalink





‘(A) engages in a situation involving nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison security, disaster relief, or other emergency response activity; orCommentsClose CommentsPermalink





‘(B) participates in a training exercise involving nonroutine stressful or strenuous physical activity;CommentsClose CommentsPermalink





‘(2) the heart attack, stroke, or vascular rupture commences--CommentsClose CommentsPermalink





‘(A) while the officer is engaged or participating as described in paragraph (1);CommentsClose CommentsPermalink





‘(B) while the officer remains on that duty after being engaged or participating as described in paragraph (1); orCommentsClose CommentsPermalink





‘(C) not later than 24 hours after the officer is engaged or participating as described in paragraph (1); andCommentsClose CommentsPermalink





‘(3) the heart attack, stroke, or vascular rupture directly and proximately results in the death of the public safety officer,CommentsClose CommentsPermalink





unless competent medical evidence establishes that the heart attack, stroke, or vascular rupture was unrelated to the engagement or participation or was directly and proximately caused by something other than the mere presence of cardiovascular-disease risk factors.’; andCommentsClose CommentsPermalink





(E) by adding at the end the following:CommentsClose CommentsPermalink





‘(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, organization, or unit maintains personnel or other similar records of the public safety officer.’;CommentsClose CommentsPermalink





(3) in section 1202 (42 U.S.C. 3796a)--CommentsClose CommentsPermalink





(A) by striking ‘death’, each place it appears except the second place it appears, and inserting ‘fatal’; andCommentsClose CommentsPermalink





(B) in paragraph (1), by striking ‘or catastrophic injury’ the second place it appears and inserting ‘, disability, or injury’;CommentsClose CommentsPermalink





(4) in section 1203 (42 U.S.C. 3796a-1)--CommentsClose CommentsPermalink





(A) in the section heading, by striking ‘WHO HAVE DIED IN THE LINE OF DUTY’ and inserting ‘WHO HAVE SUSTAINED FATAL OR CATASTROPHIC INJURY IN THE LINE OF DUTY’; andCommentsClose CommentsPermalink





(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’;CommentsClose CommentsPermalink





(5) in section 1204 (42 U.S.C. 3796b)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘consequences of an injury that’ and inserting ‘an injury, the direct and proximate consequences of which’;CommentsClose CommentsPermalink





(B) in paragraph (3)--CommentsClose CommentsPermalink





(i) in the matter preceding clause (i)--CommentsClose CommentsPermalink





(I) by inserting ‘or permanently and totally disabled’ after ‘deceased’; andCommentsClose CommentsPermalink





(II) by striking ‘death’ and inserting ‘fatal or catastrophic injury’; andCommentsClose CommentsPermalink





(ii) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively;CommentsClose CommentsPermalink





(C) in paragraph (5)--CommentsClose CommentsPermalink





(i) by striking ‘post-mortem’ each place it appears and inserting ‘post-injury’; andCommentsClose CommentsPermalink





(ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively;CommentsClose CommentsPermalink





(D) in paragraph (7), by striking ‘public employee member of a rescue squad or ambulance crew;’ and inserting ‘employee or volunteer member of a rescue squad or ambulance crew (including a ground or air ambulance service) that--CommentsClose CommentsPermalink





‘(A) is a public agency; orCommentsClose CommentsPermalink





‘(B) is (or is a part of) a nonprofit entity serving the public that--CommentsClose CommentsPermalink





‘(i) is officially authorized or licensed to engage in rescue activity or to provide emergency medical services; andCommentsClose CommentsPermalink





‘(ii) engages in rescue activities or provides emergency medical services as part of an official emergency response system;’; andCommentsClose CommentsPermalink





(E) in paragraph (9)--CommentsClose CommentsPermalink





(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;’;CommentsClose CommentsPermalink





(ii) in subparagraph (B)(ii), by striking ‘or’ after the semicolon;CommentsClose CommentsPermalink





(iii) in subparagraph (C)(ii), by striking the period and inserting ‘; or’; andCommentsClose CommentsPermalink





(iv) by adding at the end the following:CommentsClose CommentsPermalink





‘(D) a member of a rescue squad or ambulance crew who, as authorized or licensed by law and by the applicable agency or entity, is engaging in rescue activity or in the provision of emergency medical services.’.CommentsClose CommentsPermalink





(6) in section 1205 (42 U.S.C. 3796c), by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(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 inserting ‘person’;CommentsClose CommentsPermalink





(8) in section 1212 (42 U.S.C. 3796d-1)--CommentsClose CommentsPermalink





(A) in subsection (a)--CommentsClose CommentsPermalink





(i) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘Subject’ and all that follows through ‘, the’ and inserting ‘The’; andCommentsClose CommentsPermalink





(ii) in paragraph (3), by striking ‘reduced by’ and all that follows through ‘(B) the amount’ and inserting ‘reduced by the amount’;CommentsClose CommentsPermalink





(B) in subsection (c)--CommentsClose CommentsPermalink





(i) in the subsection heading, by striking ‘Dependent’; andCommentsClose CommentsPermalink





(ii) by striking ‘dependent’;CommentsClose CommentsPermalink





(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’;CommentsClose CommentsPermalink





(10) in section 1216 (42 U.S.C. 3796d-5)--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘each dependent’ each place it appears and inserting ‘a spouse or child’; andCommentsClose CommentsPermalink





(B) by striking ‘dependents’ each place it appears and inserting ‘a person’; andCommentsClose CommentsPermalink





(11) in section 1217(3)(A) (42 U.S.C. 3796d-6(3)(A)), by striking ‘described in’ and all that follows and inserting ‘an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and’.CommentsClose CommentsPermalink





(b) Amendment Related to Expedited Payment for Public Safety Officers Involved in the Prevention, Investigation, Rescue, or Recovery Efforts Related to a Terrorist Attack- Section 611(a) 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(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’.CommentsClose CommentsPermalink





(c) Technical and Conforming Amendment- Section 402(l)(4)(C) of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink





(1) by striking ‘section 1204(9)(A)’ and inserting ‘section 1204(10)(A)’; andCommentsClose CommentsPermalink





(2) by striking ‘42 U.S.C. 3796b(9)(A)’ and inserting ‘42 U.S.C. 3796b(10)(A)’.CommentsClose CommentsPermalink

SEC. 3. AUTHORIZATION OF APPROPRIATIONS; DETERMINATIONS; APPEALS.

The matter under the heading ‘PUBLIC SAFETY OFFICERS 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--CommentsClose CommentsPermalink





(1) by striking ‘decisions’ and inserting ‘determinations’;CommentsClose CommentsPermalink





(2) by striking ‘(including those, and any related matters, pending)’; andCommentsClose CommentsPermalink





(3) by striking the period at the end and inserting the following: ‘: Provided further, That, on and after the date of enactment of the Public Safety Officers’ Benefits Improvements Act of 2012, as to each such statute--CommentsClose CommentsPermalink





‘(1) the provisions of section 1001(a)(4) of such title I (42 U.S.C. 3793(a)(4)) shall apply;CommentsClose CommentsPermalink





‘(2) payment (other than payment made 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)) shall be made only upon a determination by the Bureau that the facts legally warrant the payment;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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 accepted by the Bureau as prima facie evidence of the facts asserted in the certification:CommentsClose CommentsPermalink





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 of the final determination: Provided further, That any regulations promulgated by the Bureau under such part (or any such statute) 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.’.CommentsClose CommentsPermalink

SEC. 4. EFFECTIVE DATE.

(a) In General- Except as provided in subsection (b), the amendments made by this Act shall--CommentsClose CommentsPermalink





(1) take effect on the date of enactment of this Act; andCommentsClose CommentsPermalink





(2) apply to any matter pending, before the Bureau of Justice Assistance or otherwise, on the date of enactment of this Act, or filed or accruing after that date.CommentsClose CommentsPermalink





(b) Exceptions-CommentsClose CommentsPermalink





(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 Omnibus Crime Control and Safe Streets Act of 1968, as amended by this Act), the amendments made by this Act shall apply to injuries sustained on or after June 1, 2009.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Passed the House of Representatives June 27, 2012.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

Clerk.CommentsClose CommentsPermalink

Calendar No. 441CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 4018CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To improve the Public Safety Officers’ Benefits Program.CommentsClose CommentsPermalink

---

July 9, 2012CommentsClose CommentsPermalink

Read the second time and placed on the calendarCommentsClose CommentsPermalink