[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4018 Placed on Calendar Senate (PCS)]
Calendar No. 441
112th CONGRESS
2d Session
H. R. 4018
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 28, 2012
Received
June 29, 2012
Read the first time
July 9, 2012
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To improve the Public Safety Officers' Benefits Program.
Be it enacted by the Senate and House of Representatives 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; 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))--
(A) in paragraph (26), by striking ``and'' at the
end;
(B) in paragraph (27), by striking the period 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)--
``(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 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; or
``(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;
``(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; 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
catastrophic'' and inserting ``direct and
proximate result of a personal'';
(ii) by striking ``pay,'' and all that
follows through ``the same'' and inserting
``pay the same'';
(iii) by striking ``in any year'' and
inserting ``to the public safety officer (if
living on the date on which the determination
is made)'';
(iv) by striking ``in such year, adjusted''
and inserting ``with respect to the date on
which the catastrophic injury occurred, 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 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.'';
(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
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'';
and
(II) by striking the period at the
end and inserting ``; or''; and
(iii) by adding at the end the following:
``(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 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; or
``(B) participates in a training exercise involving
nonroutine stressful or strenuous physical activity;
``(2) the heart attack, stroke, or vascular rupture
commences--
``(A) while the officer is engaged or participating
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 paragraph (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 engagement or
participation or was directly and proximately 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 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.'';
(3) in section 1202 (42 U.S.C. 3796a)--
(A) by striking ``death'', each place it appears
except the second place it appears, and inserting
``fatal''; and
(B) in paragraph (1), by striking ``or catastrophic
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 catastrophic 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 ``consequences 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)--
(I) by inserting ``or permanently
and totally disabled'' after
``deceased''; and
(II) by striking ``death'' and
inserting ``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-injury''; and
(ii) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively;
(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--
``(A) is a public agency; or
``(B) is (or is a part of) a nonprofit entity
serving the public that--
``(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 striking
``or'' after the semicolon;
(iii) in subparagraph (C)(ii), by striking
the period and inserting ``; or''; and
(iv) by adding at the end the following:
``(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.''.
(6) in section 1205 (42 U.S.C. 3796c), by adding at the end
the following:
``(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 inserting ``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
``reduced 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 striking
``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 ``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
dependent'' 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 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''.
(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''.
(c) 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 inserting
``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; 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--
(1) by striking ``decisions'' and inserting
``determinations'';
(2) by striking ``(including those, and any related
matters, pending)''; and
(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--
``(1) the provisions of section 1001(a)(4) of such title I
(42 U.S.C. 3793(a)(4)) shall apply;
``(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;
``(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
accepted 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
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.''.
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 Bureau 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 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.
(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.
Passed the House of Representatives June 27, 2012.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 441
112th CONGRESS
2d Session
H. R. 4018
_______________________________________________________________________
AN ACT
To improve the Public Safety Officers' Benefits Program.
_______________________________________________________________________
July 9, 2012
Read the second time and placed on the calendar