,,ii #aaith ,,congress #b;d ,session ,s4 #chig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bd1 #bjbf,mrs4 ,gillibrand 7for herself and ,mr4 ,cruz7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to revise administrative procedures relating to public safety officers' death benefits1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,officer ,john ,barnes and ,chief ,michael ,ansbro ,public ,safety ,officers' ,benefit ,program ,expansion ,act of #bjbf4 #b4 ,eligibility determination for public safety officer benefits 7a7 ,in general ,section #abje of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbhe7 is amended-- 7#a7 in subsection 7e77#b77;,e71 by inserting 1 including whether the delay is due to the inaction of the claimant or the failure to cooperate of an agency from which information is required after basis for delay2 and 7#b7 by adding at the end the following3 7f7 ,notice and interim benefits 7#a7 ,notice of missing information ,not later than #ij calendar days after receiving a claim filed under this subpart1 the ,bureau shall notify the claimant or the relevant agency of any missing information required to process the claim4 7#b7 ,notice of determination 7,a7 ,in general ,not later than #bgj calendar days after receiving a complete claim1 the ,bureau shall inform the claimant of the ,bureau's determination as to the claimant's benefit eligibility4 7,b7 ,interim benefits as notice ,provision of interim benefits under section #abja7;d7 shall be deemed to be notice under subparagraph 7,a74 7#c7 ,interim benefits 7,a7 ,entitlement ,if the ,bureau fails to inform a claimant of the ,bureau's determination on or before the date that is #bgj calendar days after receiving a complete claim1 the ,bureau shall issue a single interim benefit payment with respect to the claim1 payable only to-- 7i7 a claimant whose status as an eligible beneficiary is undisputed2 or 7ii7 if beneficiary status remains unresolved1 an escrow or fiduciary account1 pending final determination under section #abja4 7,b7 ,rescission or repayment ,any interim benefits paid under this subsection-- 7i7 shall be credited against any final benefit determination made under section #abja2 7ii7 shall not be subject to recoupment or affirmative repayment by the ,bureau1 except in cases of fraud or material misrepresentation2 and 7iii7 shall not be construed to create an entitlement to benefits if the claimant or decedent is determined to be ineligible under this part4 7#d7 ,rule of construction ,nothing in this subsection shall be construed to-- 7,a7 limit the ,bureau's authority to deny a claim for failure to meet statutory eligibility requirements2 7,b7 alter the determination of eligible beneficiaries under section #abja2 or 7,c7 require payment of interim benefits to multiple claimants if the statute authorizes payment to only #a or more mutually exclusive beneficiaries4 7g7 ,outreach ,the ,bureau shall-- 7#a7 conduct outreach efforts on an ongoing basis to ensure that public safety officers and underserved public agencies are aware of the program under this part1 including outreach efforts for disabled public safety officers2 and 7#b7 include in the outreach efforts under paragraph 7#a7 regular communications with national public safety organizations1 public safety agencies1 and organizations supporting disabled public safety officers and the families of fallen officers4 7h7 ,summary of backlogged claims ,not later than #cj days after publishing the report required under subsection 7e77#b71 the ,bureau shall submit a summary of the information required to be reported under subsection 7e77#b77;,e7 to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives4 7i7 ,audit of backlogged claims ,on an annual basis1 the ,comptroller ,general shall conduct an audit of any pending claims under this part that were submitted to the ,bureau more than #a year before the date on which the audit is commenced1 to identify programmatic challenges to the timely processing of death1 disability1 and educational assistance claims4 ,as part of the audit1 the ,comptroller ,general shall also review-- 7#a7 where the claim is in the determination process2 7#b7 the reasons for delay1 including any processes1 such as legal review1 that prevent timely processing of claims2 7#c7 whether the agency has used its subpoena authority for the claims2 7#d7 the frequency of outreach to the claimant and efforts to evaluate and improve the effectiveness of outreach and claims assistance efforts2 7#e7 the efforts of the ,bureau of ,justice ,assistance to implement a claims processing manual to ensure consistency across staff in determining claims2 and 7#f7 efforts to evaluate and improve the effectiveness of outreach and claims assistance efforts4 4 7b7 ,subpoena requirement ,section #abjf7;b7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbhh7;b77 is amended-- 7#a7 in paragraph 7#a77;,b71 by striking and at the end2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 with respect to information or documentation in the possession of a public agency that the ,bureau has determined is necessary to adjudicate the claim that the public agency has failed to provide by the date that is #cj days after the date of the ,bureau's or the claimant's request to provide the information or documentation1 shall issue a subpoena to the public agency to obtain the information or documentation1 unless the ,bureau has approved an extension not exceeding #fj days4 4 7c7 ,definitions 7#a7 ,in general ,section #abjd of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbhd7 is amended-- 7,a7 in paragraph 7#d7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting or gainful work as a public safety officer after including sedentary work each place it appears2 and 7ii7 in subparagraph 7,b77ii71 by striking parapalegic and inserting paraplegic2 7,b7 by redesignating paragraph 7#g7 as paragraph 7#h7 and paragraphs 7#h7 through 7#ad7 as paragraphs 7#aj7 through 7#af71 respectively2 7,c7 by inserting after paragraph 7#f7 the following3 7#g7 complete claim means any claim that-- 7,a7 contains all required documents from the claimant and the relevant agency for processing2 and 7,b7 has been assigned a claim number by the ,bureau2 2 and 7,d7 by inserting after paragraph 7#h71 as so redesignated1 the following3 7#i7 gainful work means gainful work activity1 as defined in section #daf4igb of title #bj1 ,code of ,federal ,regulations1 or successor regulation2 4 7#b7 ,conforming amendments 7,a7 ,internal ,revenue ,code ,section #djb7l77#d77;,c7 of the ,internal ,revenue ,code of #aihf is amended by striking 7#i77;,a7 each place it appears4 7,b7 ,title #bh ,section #ahfc7;b77#e77;,b7 of title #bh1 ,united ,states ,code1 is amended by striking section #abjc7f7 and inserting section #abjd4 #c4 ,benefits for permanent and partial disability 7a7 ,in general ,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 by redesignating subsections 7c7 through 7q7 as subsections 7d7 through 7r71 respectively2 7#b7 by inserting after subsection 7b7 the following3 7c7 ,benefits for permanent and partial disability with inability ,to continue previous work 7#a7 ,in general ,in accordance with regulations issued pursuant to this part1 in any case in which the ,bureau determines that a public safety officer has become permanently1 but not totally1 disabled as the direct and proximate result of a personal injury sustained in the line of duty that has caused a physical or mental impairment of such severity that the public safety officer is prevented from performing any gainful work as a public safety officer1 including if the individual is medically retired by the public safety agency1 a benefit shall be payable to the public safety officer 7if living on the date on which the determination is made7 of half of the amount that would be payable1 as of the date such injury was sustained 7including as adjusted in accordance with subsection 7i71 and calculated in accordance with subsection 7j771 if such determination were a determination under subsection 7a74 7#b7 ,progression of disability ,if1 not later than #c years after the date of sustaining the injury described in paragraph 7#a71 the severity of the impairment of the public safety officer progresses to that of permanent and total disability1 as described in subsection 7b71 the public safety officer may apply for a benefit under that subsection and1 if the ,bureau determines that a permanent and total disability exists1 the ,bureau shall pay the public safety officer a benefit in the amount of the benefit to which the public safety officer would have been entitled under that subsection1 less any benefit provided under this subsection4 7#c7 ,offset in the event of death ,if a public safety officer who has received a benefit under this subsection subsequently dies as a direct and proximate result of the same line-of-duty injury1 any death benefit payable under subsection 7a7 shall be reduced by the amount of any benefit previously paid under this subsection4 7#d7 ,rule of construction 7,a7 ,availability of benefits ,nothing in this subsection shall be construed to affect the availability of full benefits under subsection 7a7 or 7b71 nor shall this subsection apply to temporary disabilities or injuries that do not result in permanent impairment at the time of filing4 7,b7 ,determination ,a determination under this subsection shall not constitute a final determination with respect to eligibility for benefits under subsection 7b74 2 7#c7 by striking subsection 7d71 and inserting the following3 7d7 ,interim payment ,whenever the ,bureau determines upon showing of need and prior to final action that the disability or death of a public safety officer is one with respect to which a benefit will probably be paid1 the ,bureau may make an interim benefit payment not exceeding #f1jjj1 adjusted in accordance with subsection 7i71 to the individual entitled to receive a benefit under subsection 7a71 7b71 or 7c7 of this section4 2 and 7#d7 in subsection 7j71 as so redesignated1 by striking subsections 7a7 and 7b7 and inserting subsections 7a71 7b71 and 7c7 4 7b7 ,technical and conforming amendments 7#a7 ,in general ,part ,l of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbha et seq47 is amended-- 7,a7 in section #abja-- 7i7 in subsection 7a71 by striking adjusted in accordance with subsection 7h71 and calculated in accordance with subsection 7i7 and inserting adjusted in accordance with subsection 7i71 and calculated in accordance with subsection 7j72 7ii7 in subsection 7b71 by striking adjusted in accordance with subsection 7h71 and calculated in accordance with subsection 7i7 and inserting adjusted in accordance with subsection 7i71 and calculated in accordance with subsection 7j72 7iii7 in subsection 7d71 as so redesignated1 by striking subsection 7h7 and inserting subsection 7i72 7iv7 in subsection 7e71 as so redesignated1 by striking subsection 7c7 and inserting subsection 7d72 7v7 in subsection 7i71 as so redesignated-- 7,i7 by striking subsection 7c7 and inserting subsection 7d72 and 7,,ii7 by striking subsections 7a7 and 7b7 and inserting subsections 7a71 7b71 and 7c72 7vi7 in subsection 7j71 as so redesignated1 by striking and total after death or permanent2 7vii7 in subsection 7m71 as so redesignated1 by striking subsection 7k7 and inserting subsection 7l72 7viii7 in subsection 7n71 as so redesignated1 by striking subsection 7a71 7b71 or 7c7 and inserting subsection 7a71 7b71 7c71 or 7d72 7ix7 in subsection 7p77#c71 as so redesignated-- 7,i7 in the paragraph heading1 by striking and total disability and inserting or permanent disability2 7,,ii7 in the matter preceding subparagraph 7,a71 by striking subsection 7a7 or 7b7 and inserting subsection 7a71 7b71 or 7c72 7,,iii7 in subparagraph 7,a71 by striking and total after death or permanent2 and 7,,iv7 in subparagraph 7,b71 by striking and total after death or permanent2 and 7x7 in subsection 7r77#b77;,a71 as so redesignated-- 7,i7 by striking subsection 7a7 or 7b7 and inserting subsection 7a71 7b71 or 7c72 and 7,,ii7 by striking and total each place it appears2 and 7,b7 in section #abje7;e7-- 7i7 in paragraph 7#b71 by striking 7f77#c7 and inserting 7g77#c72 and 7ii7 in paragraph 7#c77;,a71 by striking 7f77#c7 and inserting 7g77#c74 7#b7 ,other amendments 7,a7 ,public ,safety ,officer ,support ,act ,section #c7;b77#b7 of the ,public ,safety ,officer ,support ,act of #bjbb 7#cd ,u4,s4,c4 #ajbha note2 ,public ,law #aag-agb2 #acf ,stat4 #baja7 is amended-- 7i7 by striking section #abja7o7 and inserting section #abja7p72 and 7ii7 by striking ,january #a1 #bjai and inserting ,january #a1 #bjah4 7,b7 ,dale ,long ,public ,safety ,officers' ,benefits ,improvements ,act of #bjab ,section #ajhf7;d77#b77;,b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjac 7,public ,law #aab-bci2 #abf ,stat4 #aifi7 is amended by striking ,section #abja7k7 and inserting ,section #abja7l74 7,c7 ,,usa ,,patriot ,act of #bjja ,section #faa7;a7 of the ,uniting and ,strengthening ,america by ,providing ,appropriate ,tools ,required to ,intercept and ,obstruct ,terrorism ,act of #bjja 7#cd ,u4,s4,c4 #ajbhf7;a77 is amended by striking and total after producing permanent4 7,d7 ,,ndaa ,,fy#bf ,section #hbjd7;b77#b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbf 7,public ,law #aai-fj7 is amended by striking section #abja7p7 and inserting section #abja7q74 #d4 ,expedited payment for ,,vcf or ,,wtchp determinations ,section #abje7;b7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbhe7;b77 is amended by adding at the end the following3 7#d7 ,in making determinations under section #abja7;a71 the ,bureau shall1 absent clear and convincing evidence to the contrary1 as determined by the ,bureau1 approve any claim if the ,september #aath ,victim ,compensation ,fund of #bjja 7#di ,u4,s4,c4 #djaja note2 ,public ,law #ajg-db7 7commonly referred to as the ,,vcf7 or the ,world ,trade ,center ,health ,program under title ,,xxxiii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjmm et seq47 provides a certification of facts that-- 7,a7 the claim is eligible for death benefits under the ,victim ,compensation ,fund2 or 7,b7 the cause of claimant's death is a ,world ,trade ,center ,health ,program-related condition4 4 #e4 ,implementation of certain ,,gao recommendations ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall ensure that the ,director of the ,bureau of ,justice ,assistance implements the recommendations provided in the report of the ,government ,accountability ,office entitled ,public ,safety ,officers' ,benefits ,program3 ,transparency1 ,claims ,assistance1 and ,program ,management ,improvements ,needed 7,,gao-#bd-ajeedi71 published on ,september #bg1 #bjbd4 #f4 ,educational benefits ,nothing in this ,act1 or the amendments made by this ,act shall be construed as expanding or altering any benefits available to dependents 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 #ajbha et seq474