,,ii  #aafth ,,congress  #ast ,session  
,s4 #abjh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #aa1    
#bjai ,mr4 ,grassley 7for himself and   
,mrs4 ,gillibrand7 introduced the       
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to amend the    
,omnibus ,crime ,control and ,safe      
,streets ,act of #aifh 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 duty1 and for other purposes4  #a4   
,short title  ,this ,act may be cited as
 the ,protecting ,america's ,first      
,responders ,act4  #b4 ,payment of death
 and disability benefits under the      
,public ,safety ,officers' ,death       
,benefits ,program  ,section #abja of   
title ,i of the ,omnibus ,crime ,control
 and ,safe ,streets ,act of #aifh 7#cd  
,u4,s4,c4 #ajbha7 is amended--  7#a7 in 
subsection 7b71 by striking the period  

at the end and inserting the following3 
1 unless the claim under this subsection
 has been pending for more than #a year1
 in which case the amount payable shall 
be the amount that would be payable if  
the catastrophic 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 subsection42  7#b7 in       
subsection 7c71 by striking #c1jjj and  
inserting #f1jjj1 adjusted in accordance
 with subsection 7h712  7#c7 in         
subsection 7h71 by inserting and the    
level of the interim benefit payable    
immediately before such ,october #a     
under subsection 7c7 after subsection   
7a72  7#d7 by striking subsection 7i7   
and inserting the following3  7i7 ,the  
amount payable under subsection 7a71    
with respect to the death of a public   
safety officer1 shall be the greater    
of--  7#a7 the amount payable under that
 subsection as of the date of death of  
the public safety officer2 or  7#b7 the 

amount that would be payable under that 
subsection if the death of the public   
safety officer 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 subsection4  2 and  7#e7 in 
subsection 7m71 by inserting 1 7b71     
after subsection 7a74  #c4 ,definitions 
for the purposes of the ,public ,safety 
,officers' ,death ,benefits ,program    
,section #abjd of title ,i of the       
,omnibus ,crime ,control and ,safe      
,streets ,act of #aifh 7#cd ,u4,s4,c4   
#ajbhd7 is amended--  7#a7 by striking  
paragraph 7#a7 and inserting the        
following3  7#a7 catastrophic injury    
means an injury1 the direct and         
proximate consequences of which--  7,a7 
permanently prevent an individual from  
performing any gainful work2 or  7,b7   
cause an individual to become--  7i7    
paraplegic2  7ii7 quadriplegic2 or      
7iii7 blind2  2  7#b7 in paragraph 7#c71
 in the matter preceding subparagraph   

7,a71 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 officer's 
death from a fatal injury or the date of
 determination of the public safety     
officer's disability from a catastrophic
 injury2  7#c7 by redesignating         
paragraphs 7#e7 through 7#i7 as         
paragraphs 7#f7 through 7#aj71          
respectively2 and  7#d7 by inserting    
after paragraph 7#d7 the following3     
7#e7 gainful work-- 7,a7 means any      
activity usually performed for pay or   
profit1 regardless of whether a profit  
is realized2 and  7,b7 does not include 
work performed in a situation in which1 
after an individual sustains an injury--
 7i7 the individual--  7,i7 re-enters   
the workforce2 and  7,,ii7 leaves the   
workforce after less than #ij days      
because of the inability of the         
individual to overcome the injury2  7ii7
 because of the injury-- 7,i7 the       
individual is permitted1 in carrying out

 work1 to--  7aa7 perform at a lower    
standard of productivity or efficiency  
than other similarly situated employees2
  7bb7 work irregular hours2 or  7cc7   
take frequent rest periods2 or  7,,ii7  
the individual is only able to work     
within a framework of specially arranged
 circumstances1 such as a circumstance  
in which #a or more other individuals   
are required to assist the individual in
 preparing for work or traveling to and 
from work2  7iii7 7,i7 the individual   
practices a hobby usually performed for 
pay or profit1 regardless of whether a  
profit is realized2 and  7,,ii7 the     
primary intent of the individual in     
practicing the hobby described in       
subclause 7,i7-- 7aa7 is physical1      
mental1 or emotional rehabilitation of  
the individual from the injury2 and     
7bb7 is not realization of profit2 or   
7iv7 the individual is given the        
opportunity to work--  7,i7 despite the 
injury of the individual2 and  7,,ii7 on
 the basis of--  7aa7 a family          

relationship of the individual2  7bb7 a 
past association of the individual with 
the employer giving the individual the  
opportunity to work2 or  7cc7 any other 
altruistic reason2  4  #d4 ,retroactive 
applicability  7a7 ,definitions ,for the
 purposes of this section--  7#a7 the   
term covered beneficiary means an       
individual who-- 7,a7 is1 or was1 a     
child or spouse of a covered individual 
described in paragraph 7#c77;,b72 and   
7,b7 would have been eligible for       
educational assistance under subpart #b 
of part ,l of title ,i of the ,omnibus  
,crime ,control and ,safe ,streets ,act 
of #aifh 7#cd ,u4,s4,c4 #ajcja et seq47 
if the amendments made by section #c of 
this ,act had been in effect on the date
 on which the determination described in
 paragraph 7#c77;,b77i7 of this         
subsection was made2  7#b7 the term     
covered claimant means an individual who
 is a claimant on the estate of a       
deceased covered individual-- 7,a7      
described in paragraph 7#c77;,b72 and   

7,b7 who died on or before the date of  
enactment of this ,act2  7#c7 the term  
covered individual means--  7,a7 a      
beneficiary of a benefit under the      
,public ,safety ,officers' ,death       
,benefit ,program that was paid-- 7i7   
with respect 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
 duty2 and  7ii7 during the covered     
period2 or  7,b7 a public safety officer
 who--  7i7 was determined during the   
covered period to be ineligible for a   
benefit payment under section #abja7;b7 
of title ,i of the ,omnibus ,crime      
,control and ,safe ,streets ,act of     
#aifh 7#cd ,u4,s4,c4 #ajbha7;b772 and   
7ii7 would have been eligible for a     
benefit payment under subpart ,l of that
 title due to the disability of the     
public safety officer if the amendments 
made by section #c had been in effect on
 the date on which the determination    
described in clause 7i7 was made2  7#d7 

the term covered period means the       
period-- 7,a7 beginning on the date of  
enactment of title ,,xiii of the ,crime 
,control ,act of #aiij 7,public ,law    
#aja-fdg2 #ajd ,stat4 #dhcd72 and  7,b7 
ending on the day before the date of    
enactment of the ,protecting ,america's 
,first ,responders ,act2  7#e7 the term 
public safety officer has the meaning   
given the term in section #abjd of title
 ,i of the ,omnibus ,crime ,control and 
,safe ,streets ,act of #aifh 7#cd       
,u4,s4,c4 #ajbhd72 and  7#f7 the term   
,public ,safety ,officers' ,death       
,benefit ,program means the program     
established under part ,l of title ,i of
 the ,omnibus ,crime ,control and ,safe 
,streets ,act of #aifh 7#cd ,u4,s4,c4   
#ajbha et seq474  7b7 ,applicability    
,the amendments made by sections #b and 
#c 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--  7#a7 subject to subsection 7c71

 during the covered period2 or  7#b7 on 
or after the date of enactment of this  
,act4  7c7 ,payment  7#a7 ,in general   
,subject to paragraph 7#b71 upon        
application of a covered individual1    
covered beneficiary1 or covered         
claimant1 the ,bureau of ,justice       
,assistance shall make a lump sum       
payment to the covered individual1      
covered beneficiary1 or covered claimant
 in the amount equal to the difference1 
if any1 between--  7,a7 in the case of a
 covered individual-- 7i7 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 payment1 if the amendments made
 by sections #b and #c had been in      
effect on the date on which the covered 
individual--  7,i7 received the final   
benefit payment under the ,public       
,safety ,officers' ,death ,benefit      
,program2 or  7,,ii7 was determined to  
be ineligible for a benefit payment     

under section #abja7;b7 of title ,i of  
the ,omnibus ,crime ,control and ,safe  
,streets ,act of #aifh 7#cd ,u4,s4,c4   
#ajbha7;b772 and  7ii7 the amount of the
 total benefit payment the covered      
individual received under the ,public   
,safety ,officers' ,death ,benefit      
,program before the date of enactment of
 this ,act2  7,b7 in the case of a      
covered beneficiary1 the amount of the  
total benefit payment the covered       
beneficiary would have received under   
subpart #b of part ,l of title ,i of the
 ,omnibus ,crime ,control and ,safe     
,streets ,act of #aifh 7#cd ,u4,s4,c4   
#ajcja et seq47 if the amendments made  
by section #c of this ,act had been in  
effect on the date on which the         
determination described in subsection   
7a77#c77;,b77i7 of this section was     
made2 and  7,c7 in the case of a covered
 claimant1 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 payment1 if the amendments made
 by sections #b and #c had been in      
effect on the date on which the         
determination described in subsection   
7a77#c77;,b77i7 of this section was     
made4  7#b7 ,application ,a covered     
individual desiring a lump sum payment  
under paragraph 7#a7 shall apply to the 
,bureau of ,justice ,assistance for such
 lump sum payment not later than #c     
years after the date of enactment of    
this ,act4  #e4 ,due diligence in paying
 benefit claims under the ,public       
,safety ,officers' ,death ,benefits     
,program ,section #abjf7;b7 of title ,i 
of the ,omnibus ,crime ,control and     
,safe ,streets ,act of #aifh 7#cd       
,u4,s4,c4 #ajbhh7;b77 is amended by     
striking the ,bureau may not and all    
that follows and inserting the          
following3 8the ,bureau--  7#a7 shall   
use all available investigative tools1  
including subpoenas1 to-- 7,a7 expedite 

the processing of the benefit claim2 and
  7,b7 obtain necessary information or  
documentation from third parties1       
including public agencies2 and  7#b7 may
 not abandon the benefit claim unless   
the ,bureau has used the investigative  
tools available to the ,bureau to obtain
 the necessary information or           
documentation1 including subpoenas4  4  
#f4 ,educational assistance to          
dependents of public safety officers    
killed or disabled in the line of duty  
,section #abaf7;b7 of title ,i of the   
,omnibus ,crime ,control and ,safe      
,streets ,act of #aifh 7#cd ,u4,s4,c4   
#ajcjf7;b77 is amended1 in the first    
sentence1 by striking may and inserting 
shall4