Protecting America’s First Responders Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2936 To amend the Omnibus Crime Control and Safe Streets Act of 1968 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 duty, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 30, 2021 Mr. PASCRELL (for himself, Mr. COURTNEY, Mr. O’HALLERAN, Ms. BROWNLEY, Mr. RUTHERFORD, Mr. FITZPATRICK, Mr. BACON, Mr. MULLIN, and Mr. GARBARINO) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 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 duty, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting America’s 4 First Responders Act of 2021’’. 5 VerDate Sep 11 2014 16:51 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2936.IH H2936 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 2936 IH SEC. 2. PAYMENT OF DEATH AND DISABILITY BENEFITS 1 UNDER PUBLIC SAFETY OFFICERS’ DEATH 2 BENEFITS PROGRAM. 3 Section 1201 of title I of the Omnibus Crime Control 4 and Safe Streets Act of 1968 (34 U.S.C. 10281) is amend- 5 ed— 6 (1) in subsection (a), by striking ‘‘the Bureau 7 shall pay a benefit of $250,000, adjusted in accord- 8 ance with subsection (h)’’ and inserting ‘‘a benefit of 9 $250,000, adjusted in accordance with subsection 10 (h), and calculated in accordance with subsection (i), 11 shall be payable by the Bureau’’; 12 (2) in subsection (b)— 13 (A) by striking ‘‘the Bureau shall pay the 14 same benefit’’ and inserting ‘‘a benefit shall be 15 payable’’; 16 (B) by striking ‘‘that is payable under sub- 17 section (a) with respect to the date on which 18 the catastrophic injury occurred,’’ and inserting 19 ‘‘in the same amount that would be payable, as 20 of the date such injury was sustained (includ- 21 ing’’; 22 (C) by inserting ‘‘, and calculated in ac- 23 cordance with subsection (i)), if such deter- 24 mination were a determination under subsection 25 (a)’’ before ‘‘: Provided, That’’; and 26 VerDate Sep 11 2014 16:51 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2936.IH H2936 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 2936 IH (D) by striking ‘‘necessary:’’ and all that 1 follows and inserting ‘‘necessary.’’; 2 (3) in subsection (c), by striking ‘‘$3,000’’ and 3 inserting ‘‘$6,000, adjusted in accordance with sub- 4 section (h),’’; 5 (4) in subsection (h), by striking ‘‘subsection 6 (a)’’ and inserting ‘‘subsections (a) and (b) and the 7 level of the interim benefit payable immediately be- 8 fore such October 1 under subsection (c)’’; 9 (5) by striking subsection (i) and inserting the 10 following: 11 ‘‘(i) The amount payable under subsections (a) and 12 (b), with respect to the death or permanent and total dis- 13 ability of a public safety officer, shall be the greater of— 14 ‘‘(1) the amount payable under the relevant 15 subsection as of the date of death or the cata- 16 strophic injury of the public safety officer; or 17 ‘‘(2) in any case in which the claim filed there- 18 under has been pending for more than 365 days at 19 the time of final determination by the Bureau, the 20 amount that would be payable under the relevant 21 subsection if the death or the catastrophic injury of 22 the public safety officer had occurred on the date on 23 which the Bureau makes such final determination.’’; 24 and 25 VerDate Sep 11 2014 16:51 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2936.IH H2936 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 2936 IH (6) in subsection (m), by inserting ‘‘, (b),’’ after 1 ‘‘subsection (a)’’. 2 SEC. 3. DEFINITIONS WITH RESPECT TO PUBLIC SAFETY 3 OFFICERS’ DEATH BENEFITS PROGRAM. 4 Section 1204 of title I of the Omnibus Crime Control 5 and Safe Streets Act of 1968 (34 U.S.C. 10284) is amend- 6 ed— 7 (1) by redesignating paragraphs (1), (2), (3), 8 (4), (5), (6), (7), (8), and (9) as paragraphs (4), 9 (5), (6), (7), (8), (9), (10), (13), and (14), respec- 10 tively; 11 (2) by striking paragraph (4), as so redesig- 12 nated, and inserting: 13 ‘‘(4) ‘catastrophic injury’ means an injury, the 14 direct and proximate result of which is to perma- 15 nently render an individual functionally incapable 16 (including through a directly and proximately result- 17 ing neurocognitive disorder), based on the state of 18 medicine on the date on which the claim is deter- 19 mined by the Bureau, of performing work, including 20 sedentary work: Provided, That, if it appears that a 21 claimant may be functionally capable of performing 22 work— 23 ‘‘(A) the Bureau shall disregard work 24 where any compensation provided is de-minimis, 25 VerDate Sep 11 2014 16:51 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2936.IH H2936 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 2936 IH nominal, honorary, or mere reimbursement of 1 incidental expenses, such as— 2 ‘‘(i) work that involves ordinary or 3 simple tasks, that because of the claimed 4 disability, the claimant cannot perform 5 without significantly more supervision, ac- 6 commodation, or assistance than is typi- 7 cally provided to an individual without the 8 claimed disability doing similar work; 9 ‘‘(ii) work that involves minimal du- 10 ties that make few or no demands on the 11 claimant and are of little or no economic 12 value to the employer; or 13 ‘‘(iii) work that is performed primarily 14 for therapeutic purposes and aids the 15 claimant in the physical or mental recovery 16 from the claimed disability; and 17 ‘‘(B) the claimant shall be presumed, ab- 18 sent clear and convincing medical evidence to 19 the contrary as determined by the Bureau, to 20 be functionally incapable of performing such 21 work if the direct and proximate result of the 22 injury renders the claimant— 23 ‘‘(i) blind; 24 ‘‘(ii) parapalegic; or 25 VerDate Sep 11 2014 16:51 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2936.IH H2936 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 2936 IH ‘‘(iii) quadriplegic;’’; 1 (3) in paragraph (6), as so redesignated, by 2 striking ‘‘as of the date of the public safety officer’s 3 fatal or catastrophic injury’’ and inserting ‘‘at the 4 time of the public safety officer’s death or fatal in- 5 jury (in connection with any claim predicated upon 6 such death or injury) or the date of the public safety 7 officer’s catastrophic injury or of the final deter- 8 mination by the Bureau of any claim predicated 9 upon such catastrophic injury’’; 10 (4) in paragraph (7), as so redesignated, by in- 11 serting ‘‘, including an individual who, as such a 12 member, engages in scene security or traffic man- 13 agement as the primary or only duty of the indi- 14 vidual during emergency response’’ before the semi- 15 colon; and 16 (5) in paragraph (9), as so redesignated by 17 striking ‘‘delinquency).,’’ and inserting ‘‘delin- 18 quency),’’; 19 (6) in paragraph (13), as so redesignated, by 20 inserting ‘‘, and includes (as may be prescribed by 21 regulation hereunder) a legally organized volunteer 22 fire department that is a nonprofit entity and pro- 23 vides services without regard to any particular rela- 24 tionship (such as a subscription) a member of the 25 VerDate Sep 11 2014 16:51 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2936.IH H2936 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 2936 IH public may have with such a department’’ before the 1 semicolon; 2 (7) in paragraph (14), as so redesignated,— 3 (A) by striking subparagraph (A) and in- 4 serting: 5 ‘‘(A) an individual serving a public agency 6 in an official capacity, with or without com- 7 pensation, as a law enforcement officer, as a 8 firefighter, or as a chaplain: Provided, That 9 (notwithstanding section 1205(b)(2) or (3)) the 10 Bureau shall, absent clear and convincing evi- 11 dence to the contrary as determined by the Bu- 12 reau, deem the actions outside of jurisdiction 13 taken by any such law enforcement officer or 14 firefighter, to have been taken while serving 15 such public agency in such capacity, in any case 16 in which the principal legal officer of such pub- 17 lic agency, and the head of such agency, to- 18 gether, certify that such actions— 19 ‘‘(i) were not unreasonable; 20 ‘‘(ii) would have been within the au- 21 thority and line of duty of such law en- 22 forcement officer or such firefighter to 23 take, had they been taken in a jurisdiction 24 where such law enforcement officer or fire- 25 VerDate Sep 11 2014 16:51 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2936.IH H2936 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 2936 IH fighter was authorized to act, in the ordi- 1 nary course, in an official capacity; and 2 ‘‘(iii) would have resulted in the pay- 3 ment of full line-of-duty death or disability 4 benefits (as applicable), if any such bene- 5 fits typically were payable by (or with re- 6 spect to or on behalf of) such public agen- 7 cy, as of the date the actions were taken;’’; 8 (B) by redesignating subparagraphs (B), 9 (C), (D), and (E) as subparagraphs (C), (D), 10 (E), and (F), respectively; 11 (C) by inserting after subparagraph (A), 12 the following new subparagraph: 13 ‘‘(B) a candidate officer who is engaging in 14 an activity or exercise that itself is a formal or 15 required part of the program in which the can- 16 didate officer is enrolled or admitted, as pro- 17 vided in this section;’’; and 18 (D) by striking subparagraph (E), as so 19 redesignated, and inserting the following: 20 ‘‘(E) a member of a rescue squad or ambu- 21 lance crew who, as authorized or licensed by 22 law and by the applicable agency or entity, is 23 engaging in rescue activity or in the provision 24 of emergency medical services: Provided, That 25 VerDate Sep 11 2014 16:51 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2936.IH H2936 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 2936 IH (notwithstanding section 1205(b)(2) or (3)) the 1 Bureau shall, absent clear and convincing evi- 2 dence to the contrary as determined by the Bu- 3 reau, deem the actions outside of jurisdiction 4 taken by any such member to have been thus 5 authorized or licensed, in any case in which the 6 principal legal officer of such agency or entity, 7 and the head of such agency or entity together, 8 certify that such actions— 9 ‘‘(i) were not unreasonable; 10 ‘‘(ii) would have been within the au- 11 thority and line of duty of such member to 12 take, had they been taken in a jurisdiction 13 where such member was authorized or li- 14 censed by law and by a pertinent agency or 15 entity to act, in the ordinary course; and 16 ‘‘(iii) would have resulted in the pay- 17 ment of full line-of-duty death or disability 18 benefits (as applicable), if any such bene- 19 fits typically were payable by (or with re- 20 spect to or on behalf of) such applicable 21 agency or entity, as of the date the action 22 was taken;’’; 23 (8) by inserting before paragraph (4), as so re- 24 designated, the following new paragraphs: 25 VerDate Sep 11 2014 16:51 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2936.IH H2936 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 2936 IH ‘‘(1) ‘action outside of jurisdiction’ means an 1 action, not in the course of any compensated em- 2 ployment involving either the performance of public 3 safety activity or the provision of security services, 4 by a law enforcement officer, firefighter, or member 5 of a rescue squad or ambulance crew that— 6 ‘‘(A) was taken in a jurisdiction where— 7 ‘‘(i) the law enforcement officer or 8 firefighter then was not authorized to act, 9 in the ordinary course, in an official capac- 10 ity; or 11 ‘‘(ii) the member of a rescue squad or 12 ambulance crew then was not authorized 13 or licensed to act, in the ordinary course, 14 by law or by the applicable agency or enti- 15 ty; 16 ‘‘(B) then would have been within the au- 17 thority and line of duty of— 18 ‘‘(i) a law enforcement officer or a 19 firefighter to take, who was authorized to 20 act, in the ordinary course, in an official 21 capacity, in the jurisdiction where the ac- 22 tion was taken; or 23 ‘‘(ii) a member of a rescue squad or 24 ambulance crew to take, who was author- 25 VerDate Sep 11 2014 16:51 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2936.IH H2936 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 2936 IH ized or licensed by law and by a pertinent 1 agency or entity to act, in the ordinary 2 course, in the jurisdiction where the action 3 was taken; and 4 ‘‘(C) was, in an emergency situation that 5 presented an imminent and significant danger 6 or threat to human life or of serious bodily 7 harm to any individual, taken— 8 ‘‘(i) by a law enforcement officer— 9 ‘‘(I) to prevent, halt, or respond 10 to the immediate consequences of a 11 crime (including an incident of juve- 12 nile delinquency); or 13 ‘‘(II) while engaging in a rescue 14 activity or in the provision of emer- 15 gency medical services; or 16 ‘‘(ii) by a firefighter— 17 ‘‘(I) while engaging in fire sup- 18 pression; or 19 ‘‘(II) while engaging in a rescue 20 activity or in the provision of emer- 21 gency medical services; or 22 ‘‘(iii) by a member of a rescue squad 23 or ambulance crew, while engaging in a 24 VerDate Sep 11 2014 16:51 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2936.IH H2936 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 2936 IH rescue activity or in the provision of emer- 1 gency medical services; 2 ‘‘(2) ‘candidate officer’ means an individual who 3 is enrolled or admitted, as a cadet or trainee, in a 4 formal and officially established program of instruc- 5 tion or of training (such as a police or fire academy) 6 that is specifically intended to result upon comple- 7 tion, in the— 8 ‘‘(A) commissioning of such individual as a 9 law enforcement officer; 10 ‘‘(B) conferral upon such individual of offi- 11 cial authority to engage in fire suppression (as 12 an officer or employee of a public fire depart- 13 ment or as an officially recognized or des- 14 ignated member of a legally organized volunteer 15 fire department); or 16 ‘‘(C) granting to such individual official 17 authorization or license to engage in a rescue 18 activity, or in the provision of emergency med- 19 ical services, as a member of a rescue squad, or 20 as [Text truncated for display. 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