#aagth ,,congress #ast ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,october #bg1 #bjba ,,amendment3 ,that the bill from the ,senate 7,s4 #aeaa7 entitled ,an ,act 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 purposes41 do pass with the following ,strike out all after the enacting clause and insert3 #a4 ,short title ,this ,act may be cited as the ,protecting ,america's ,first ,responders ,act of #bjba4 #b4 ,payment of death and disability benefits under ,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 7a71 in the matter preceding paragraph 7#a7-- 7,a7 by striking the ,bureau shall pay2 and 7,b7 by inserting 1 and calculated in accordance with subsection 7i71 shall be payable by the ,bureau after subsection 7h74 7#b7 in subsection 7b7-- 7,a7 by striking the ,bureau shall pay the same benefit and inserting a benefit shall be payable2 7,b7 by striking that is payable under subsection 7a7 with respect to the date on which the catastrophic injury occurred1 and inserting in the same amount that would be payable1 as of the date such injury was sustained 7including2 7,c7 by inserting 1 and calculated in accordance with subsection 7i771 if such determination were a determination under subsection 7a7 before 3 ,provided1 ,that2 and 7,d7 by striking necessary3 and all that follows and inserting necessary42 7#c7 in subsection 7c71 by striking #c1jjj and inserting #f1jjj1 adjusted in accordance with subsection 7h712 7#d7 in subsection 7h71 by striking subsection 7a7 and inserting subsections 7a7 and 7b7 and the level of the interim benefit payable immediately before such ,october #a under subsection 7c72 7#e7 by striking subsection 7i7 and inserting the following3 7i7 ,the amount payable under subsections 7a7 and 7b71 with respect to the death or permanent and total disability of a public safety officer1 shall be the greater of-- 7#a7 the amount payable under the relevant subsection as of the date of death or of the catastrophic injury of the public safety officer2 or 7#b7 in any case in which the claim filed thereunder has been pending for more than #cfe days at the time of final determination by the ,bureau1 the amount that would be payable under the relevant subsection if the death or the catastrophic injury of the public safety officer had occurred on the date on which the ,bureau makes such final determination4 2 and 7#f7 in subsection 7m71 by inserting 1 7b71 after subsection 7a74 #c4 ,definitions with respect to ,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 redesignating paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 and 7#i7 as paragraphs 7#d71 7#e71 7#f71 7#g71 7#h71 7#i71 7#aj71 7#ac71 and 7#ad71 respectively2 7#b7 by striking paragraph 7#d71 as so redesignated1 and inserting3 7#d7 #8catastrophic injury' means an injury1 the direct and proximate result of which is to permanently render an individual functionally incapable 7including through a directly and proximately resulting neurocognitive disorder71 based on the state of medicine on the date on which the claim is determined by the ,bureau1 of performing work1 including sedentary work3 ,provided1 ,that1 if it appears that a claimant may be functionally capable of performing work-- 7,a7 the ,bureau shall disregard work where any compensation provided is de minimis1 nominal1 honorary1 or mere reimbursement of incidental expenses1 such as-- 7i7 work that involves ordinary or simple tasks1 that because of the claimed disability1 the claimant cannot perform without significantly more supervision1 accommodation1 or assistance than is typically provided to an individual without the claimed disability doing similar work2 7ii7 work that involves minimal duties that make few or no demands on the claimant and are of little or no economic value to the employer2 or 7iii7 work that is performed primarily for therapeutic purposes and aids the claimant in the physical or mental recovery from the claimed disability2 and 7,b7 the claimant shall be presumed1 absent clear and convincing medical evidence to the contrary as determined by the ,bureau1 to be functionally incapable of performing such work if the direct and proximate result of the injury renders the claimant-- 7i7 blind2 7ii7 parapalegic2 or 7iii7 quadriplegic2 2 7#c7 in paragraph 7#f71 as so redesignated1 by striking at the time of the public safety officer's fatal or catastrophic injury and inserting at the time of the public safety officer's death or fatal injury 7in connection with any claim predicated upon such death or injury7 or the date of the public safety officer's catastrophic injury or of the final determination by the ,bureau of any claim predicated upon such catastrophic injury2 7#d7 in paragraph 7#g71 as so redesignated1 by inserting 1 including an individual who1 as such a member1 engages in scene security or traffic management as the primary or only duty of the individual during emergency response before the semicolon2 7#e7 in paragraph 7#i71 as so redesignated by striking delinquency741 and inserting delinquency712 7#f7 in paragraph 7#ac71 as so redesignated1 by inserting 1 and includes 7as may be prescribed by regulation hereunder7 a legally organized volunteer fire department that is a nonprofit entity and provides services without regard to any particular relationship 7such as a subscription7 a member of the public may have with such a department before the semicolon2 7#g7 in paragraph 7#ad71 as so redesignated1-- 7,a7 by striking subparagraph 7,a7 and inserting3 7,a7 an individual serving a public agency in an official capacity1 with or without compensation1 as a law enforcement officer1 as a firefighter1 or as a chaplain3 ,provided1 ,that 7notwithstanding section #abje7;b77#b7 or 7#c77 the ,bureau shall1 absent clear and convincing evidence to the contrary as determined by the ,bureau1 deem the actions outside of jurisdiction taken by any such law enforcement officer or firefighter1 to have been taken while serving such public agency in such capacity1 in any case in which the principal legal officer of such public agency1 and the head of such agency1 together1 certify that such actions-- 7i7 were not unreasonable2 7ii7 would have been within the authority and line of duty of such law enforcement officer or such firefighter to take1 had they been taken in a jurisdiction where such law enforcement officer or firefighter was authorized to act1 in the ordinary course1 in an official capacity2 and 7iii7 would have resulted in the payment of full line-of-duty death or disability benefits 7as applicable71 if any such benefits typically were payable by 7or with respect to or on behalf of7 such public agency1 as of the date the actions were taken2 2 7,b7 by redesignating subparagraphs 7,b71 7,c71 7,d71 and 7,e7 as subparagraphs 7,c71 7,d71 7,e71 and 7,f71 respectively2 7,c7 by inserting after subparagraph 7,a71 the following new subparagraph3 7,b7 a candidate officer who is engaging in an activity or exercise that itself is a formal or required part of the program in which the candidate officer is enrolled or admitted1 as provided in this section2 2 and 7,d7 by striking subparagraph 7,e71 as so redesignated1 and inserting the following3 7,e7 a member of a rescue squad or ambulance crew who1 as authorized or licensed by law and by the applicable agency or entity1 is engaging in rescue activity or in the provision of emergency medical services3 ,provided1 ,that 7notwithstanding section #abje7;b77#b7 or 7#c77 the ,bureau shall1 absent clear and convincing evidence to the contrary as determined by the ,bureau1 deem the actions outside of jurisdiction taken by any such member to have been thus authorized or licensed1 in any case in which the principal legal officer of such agency or entity1 and the head of such agency or entity1 together1 certify that such actions-- 7i7 were not unreasonable2 7ii7 would have been within the authority and line of duty of such member to take1 had they been taken in a jurisdiction where such member was authorized or licensed by law and by a pertinent agency or entity to act1 in the ordinary course2 and 7iii7 would have resulted in the payment of full line-of-duty death or disability benefits 7as applicable71 if any such benefits typically were payable by 7or with respect to or on behalf of7 such applicable agency or entity1 as of the date the action was taken2 2 7#h7 by inserting before paragraph 7#d71 as so redesignated1 the following new paragraphs3 7#a7 #8action outside of jurisdiction' means an action1 not in the course of any compensated employment involving either the performance of public safety activity or the provision of security services1 by a law enforcement officer1 firefighter1 or member of a rescue squad or ambulance crew that-- 7,a7 was taken in a jurisdiction where-- 7i7 the law enforcement officer or firefighter then was not authorized to act1 in the ordinary course1 in an official capacity2 or 7ii7 the member of a rescue squad or ambulance crew then was not authorized or licensed to act1 in the ordinary course1 by law or by the applicable agency or entity2 7,b7 then would have been within the authority and line of duty of-- 7i7 a law enforcement officer or a firefighter to take1 who was authorized to act1 in the ordinary course1 in an official capacity1 in the jurisdiction where the action was taken2 or 7ii7 a member of a rescue squad or ambulance crew to take1 who was authorized or licensed by law and by a pertinent agency or entity to act1 in the ordinary course1 in the jurisdiction where the action was taken2 and 7,c7 was1 in an emergency situation that presented an imminent and significant danger or threat to human life or of serious bodily harm to any individual1 taken-- 7i7 by a law enforcement officer-- 7,i7 to prevent1 halt1 or respond to the immediate consequences of a crime 7including an incident of juvenile delinquency72 or 7,,ii7 while engaging in a rescue activity or in the provision of emergency medical services2 7ii7 by a firefighter-- 7,i7 while engaging in fire suppression2 or 7,,ii7 while engaging in a rescue activity or in the provision of emergency medical services2 or 7iii7 by a member of a rescue squad or ambulance crew1 while engaging in a rescue activity or in the provision of emergency medical services2 7#b7 #8candidate officer' means an individual who is enrolled or admitted1 as a cadet or trainee1 in a formal and officially established program of instruction or of training 7such as a police or fire academy7 that is specifically intended to result upon completion1 in the-- 7,a7 commissioning of such individual as a law enforcement officer2 7,b7 conferral upon such individual of official authority to engage in fire suppression 7as an officer or employee of a public fire department or as an officially recognized or designated member of a legally organized volunteer fire department72 or 7,c7 granting to such individual official authorization or license to engage in a rescue activity1 or in the provision of emergency medical services1 as a member of a rescue squad1 or as a member of an ambulance crew that is 7or is a part of7 the agency or entity that is sponsoring the individual's enrollment or admission2 7#c7 #8blind' means an individual who has central visual acuity of #bj_/bjj or less in the better eye with the use of a correcting lens or whose eye is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than #bj degrees2 2 and 7#i7 in the matter following paragraph 7#aj71 as so redesignated1 by inserting the following new paragraphs3 7#aa7 #8neurocognitive disorder' means a disorder that is characterized by a clinically significant decline in cognitive functioning and may include symptoms and signs such as disturbances in memory1 executive functioning 7that is1 higher-level cognitive processes1 such as1 regulating attention1 planning1 inhibiting responses1 decision-making71 visual-spatial functioning1 language1 speech1 perception1 insight1 judgment1 or an insensitivity to social standards2 and 7#ab7 #8sedentary work' means work that-- 7,a7 involves lifting articles weighing no more than #aj pounds at a time or occasionally lifting or carrying articles such as docket files1 ledgers1 or small tools2 and 7,b7 despite involving sitting on a regular basis1 may require walking or standing on an occasional basis4 4 #d4 ,due diligence in paying benefit claims under ,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 8the ,bureau may not0 and all that follows and inserting the following3 8the ,bureau-- 7#a7 may use available investigative tools1 including subpoenas1 to-- 7,a7 adjudicate or to expedite the processing of the benefit claim1 if the ,bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of such claim2 and 7,b7 obtain information or documentation from third parties1 including public agencies1 if the ,bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of a claim2 and 7#b7 may not abandon the benefit claim unless the ,bureau has used investigative tools1 including subpoenas1 to obtain the information or documentation deemed necessary to adjudicate such claim by the ,bureau under subparagraph 7#a77;,b74 4 #e4 ,educational assistance to dependents of certain public safety officers ,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 shall 7unless prospective assistance has been provided74 #f4 ,technical correction ,section #abje7;e77#c77;,b7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbhe7;e77#c77;,b77 is amended by striking subparagraph 7,b77ix7 and inserting subparagraph 7,i74 #g4 ,subpoena power ,section #hjf of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbbe7 is amended-- 7#a7 by inserting ,attorney ,general1 the before the ,bureau of ,justice ,assistance2 7#b7 by striking may appoint and inserting may appoint 7to be assigned or employed on an interim or as-needed basis7 such hearing examiners 7who shall1 if so designated by the ,attorney ,general1 be understood to be comprised within the meaning of 8special government employee0 under section #bjb of title #ah1 ,united ,states ,code72 7#c7 by striking under this chapter4 ,the and inserting or other law4 ,the ,attorney ,general1 the2 and 7#d7 by inserting conduct examinations after examine witnesses14 #h4 ,effective date2 applicability 7a7 ,in general ,except as otherwise provided in this section1 the amendments made by this ,act shall take effect on the date of enactment of this ,act4 7b7 ,applicability 7#a7 ,certain injuries ,the amendments made to paragraphs 7#b7 and 7#g7 of section #abjd of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbhd7 shall apply with respect to injuries occurring on or after ,january #a1 #bjjh4 7#b7 ,matters pending ,except as provided in paragraph 7#a71 the amendments made by this ,act shall apply to any matter pending1 before the ,bureau or otherwise1 on the date of enactment of this ,act1 or filed 7consistent with pre-existing effective dates7 or accruing after that date4 7c7 ,effective date for ,,wtc responders 7#a7 ,certain new claims ,not later than two years after the effective date of this ,act1 a ,,wtc responder may file a claim1 under section #abja7;b7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbha7;b771 that is predicated on a personal injury sustained in the line of duty by such responder as a result of the ,september #aa1 #bjja1 attacks1 where-- 7,a7 no claim under such section #abja7;b7 so predicated has previously been filed2 or 7,b7 a claim under such section #abja7;b7 so predicated had previously been denied1 in a final agency determination1 on the basis 7in whole or in part7 that the claimant was not totally disabled4 7#b7 ,claims for a deceased ,,wtc responder ,not later than two years after the effective date of this ,act1 a claim may be filed1 constructively under section #abja7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbha7;a771 where a ,,wtc responder who otherwise could have filed a claim pursuant to paragraph 7#a7 has died before such effective date 7or dies not later than #cfe days after such effective date71 or where a ,,wtc responder has filed such a claim but dies while it is pending before the ,bureau3 ,provided1 ,that-- 7,a7 no claim under such section #abja7;a7 otherwise shall have been filed1 or determined1 in a final agency determination2 and 7,b7 if it is determined1 in a final agency determination1 that a claim under such paragraph 7#a7 would have been payable had the ,,wtc responder not died1 then the ,,wtc responder shall irrebutably be presumed 7solely for purposes of determining to whom benefits otherwise pursuant to such paragraph 7#a7 may be payable under the claim filed constructively under such section #abja7;a77 to have died as the direct and proximate result of the injury on which the claim under such paragraph 7#a7 would have been predicated4 7#c7 ,difference in benefit pay ,in the event that a claim under section #abja7;b7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbha7;b77 and predicated on an injury sustained in the line of duty by a ,,wtc responder as a result of the ,september #aa1 #bjja1 attacks was approved1 in a final agency determination1 before the effective date of this ,act1 the ,bureau shall1 upon application filed 7not later than three years after such effective date of this ,act7 by the payee 7or payees7 indicated in subparagraphs 7,a7 or 7,b71 pay a bonus in the amount of the difference 7if any7 between the amount that was paid pursuant to such determination and the amount that would have been payable had the amendments made by this ,act1 other than those indicated in subsection 7b77#a71 been in effect on the date of such determination-- 7,a7 to the ,,wtc responder1 if living on the date the application is determined1 in a final agency determination2 or 7,b7 if the ,,wtc responder is not living on the date indicated in subparagraph 7,a71 to the individual 7or individuals71 if living on such date1 to whom benefits would have been payable on such date under section #abja7;a7 of such title ,i 7#cd ,u4,s4,c4 #ajbha7;a77 had the application been1 instead1 a claim under such section #abja7;a74 7#d7 ,special limited rule of construction ,a claim filed pursuant to paragraph 7#a7 or 7#b7 shall be determined as though the date of catastrophic injury of the public safety officer were the date of enactment of this ,act1 for purposes of determining the amount that may be payable4 #i4 ,safeguarding ,america's ,first ,responders ,section #c of ,safeguarding ,america's ,first ,responders ,act of #bjbj 7,public ,law #aaf-aeg7 is amended-- 7#a7 in subsection 7a77#a71 by striking between ,january #a1 #bjbj1 and ,december #ca1 #bjba and inserting during the period beginning on ,january #a1 #bjbj1 and ending on the termination date and 7#b7 in subsection 7b77#a71 by striking between ,january #a1 #bjbj1 and ,december #ca1 #bjba and inserting during the period beginning on ,january #a1 #bjbj1 and ending on the termination date2 and 7#c7 by adding at the end the following3 7c7 ,termination date ,for purposes of this section1 the term termination date means the earlier of-- 7#a7 the date on which the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to the ,coronavirus ,disease 7,,covid-#ai71 expires2 and 7#b7 ,december #ca1 #bjbc4 4 ,clerk4