[115th Congress Public Law 36]
[From the U.S. Government Publishing Office]
[[Page 131 STAT. 849]]
Public Law 115-36
115th Congress
An Act
To require adequate reporting on the Public Safety Officers' Benefits
program, and for other purposes. <<NOTE: June 2, 2017 - [S. 419]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Public Safety
Officers' Benefits Improvement Act of 2017. 42 USC 3711 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Officers' Benefits
Improvement Act of 2017''.
SEC. 2. REPORTS.
Section 1205 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796c) is amended--
(1) in subsection (a), by inserting ``Rules, regulations,
and procedures issued under this part may include regulations
based on standards developed by another Federal agency for
programs related to public safety officer death or disability
claims.'' before the last sentence;
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``In making''; and
(B) by adding at the end the following:
``(2) <<NOTE: Determination.>> In making a determination under
section 1201, the Bureau shall give substantial weight to the evidence
and all findings of fact presented by a State, local, or Federal
administrative or investigative agency regarding eligibility for death
or disability benefits.
``(3) <<NOTE: Consultation. Certification.>> If the head of a
State, local, or Federal administrative or investigative agency, in
consultation with the principal legal officer of the agency, provides a
certification of facts regarding eligibility for death or disability
benefits, the Bureau shall adopt the factual findings, if the factual
findings are supported by substantial evidence.''; and
(3) by adding at the end the following:
``(e)(1)(A) <<NOTE: Deadlines. Web posting.>> Not later than 30
days after the date of enactment of this subsection, the Bureau shall
make available on the public website of the Bureau information on all
death, disability, and educational assistance claims submitted under
this part that are pending as of the date on which the information is
made available.
``(B) Not less frequently than once per week, the Bureau shall make
available on the public website of the Bureau updated information with
respect to all death, disability, and educational assistance claims
submitted under this part that are pending as of the date on which the
information is made available.
``(C) The information made available under this paragraph shall
include--
``(i) for each pending claim--
[[Page 131 STAT. 850]]
``(I) the date on which the claim was submitted to
the Bureau;
``(II) the State of residence of the claimant;
``(III) an anonymized, identifying claim number; and
``(IV) the nature of the claim; and
``(ii) the total number of pending claims that were
submitted to the Bureau more than 1 year before the date on
which the information is made available.
``(2) <<NOTE: Deadlines. Web posting. Time
periods. Determinations. Claims.>> Not later than 180 days after the
date of enactment of this subsection, the Bureau shall publish on the
public website of the Bureau a report, and shall update such report on
such website not less than once every 180 days thereafter, containing--
``(A) the total number of claims for which a final
determination has been made during the 180-day period preceding
the report;
``(B) the amount of time required to process each claim for
which a final determination has been made during the 180-day
period preceding the report;
``(C) as of the last day of the 180-day period preceding the
report, the total number of claims submitted to the Bureau on or
before that date for which a final determination has not been
made;
``(D) as of the last day of the 180-day period preceding the
report, the total number of claims submitted to the Bureau on or
before the date that is 1 year before that date for which a
final determination has not been made;
``(E) for each claim described in subparagraph (D), a
detailed description of the basis for delay;
``(F) as of the last day of the 180-day period preceding the
report, the total number of claims submitted to the Bureau on or
before that date relating to exposure due to the September 11th,
2001, terrorism attacks for which a final determination has not
been made;
``(G) as of the last day of the 180-day period preceding the
report, the total number of claims submitted to the Bureau on or
before the date that is 1 year before that date relating to
exposure due to the September 11th, 2001, terrorism attacks for
which a final determination has not been made;
``(H) for each claim described in subparagraph (G), a
detailed description of the basis for delay;
``(I) the total number of claims submitted to the Bureau
relating to exposure due to the September 11th, 2001, terrorism
attacks for which a final determination was made during the 180-
day period preceding the report, and the average award amount
for any such claims that were approved;
``(J) the result of each claim for which a final
determination was made during the 180-day period preceding the
report, including the number of claims rejected and the basis
for any denial of benefits;
``(K) the number of final determinations which were appealed
during the 180-day period preceding the report, regardless of
when the final determination was first made;
``(L) the average number of claims processed per reviewer of
the Bureau during the 180-day period preceding the report;
``(M) for any claim submitted to the Bureau that required
the submission of additional information from a public agency,
and for which the public agency completed providing all of
[[Page 131 STAT. 851]]
the required information during the 180-day period preceding the
report, the average length of the period beginning on the date
the public agency was contacted by the Bureau and ending on the
date on which the public agency submitted all required
information to the Bureau;
``(N) for any claim submitted to the Bureau for which the
Bureau issued a subpoena to a public agency during the 180-day
period preceding the report in order to obtain information or
documentation necessary to determine the claim, the name of the
public agency, the date on which the subpoena was issued, and
the dates on which the public agency was contacted by the Bureau
before the issuance of the subpoena; and
``(O) information on the compliance of the Bureau with the
obligation to offset award amounts under section 1201(f)(3),
including--
``(i) the number of claims that are eligible for
compensation under both this part and the September 11th
Victim Compensation Fund of 2001 (49 U.S.C. 40101 note;
Public Law 107-42) (commonly referred to as the `VCF');
``(ii) for each claim described in clause (i) for
which compensation has been paid under the VCF, the
amount of compensation paid under the VCF;
``(iii) the number of claims described in clause (i)
for which the Bureau has made a final determination; and
``(iv) the number of claims described in clause (i)
for which the Bureau has not made a final determination.
``(3) <<NOTE: Deadlines.>> Not later than 2 years after the date of
enactment of this subsection, and 2 years thereafter, the Comptroller
General of the United States shall--
``(A) <<NOTE: Study.>> conduct a study on the compliance of
the Bureau with the obligation to offset award amounts under
section 1201(f)(3); and
``(B) <<NOTE: Assessment.>> submit to Congress a report on
the study conducted under subparagraph (A) that includes an
assessment of whether the Bureau has provided the information
required under subparagraph (B)(ix) of paragraph (2) of this
subsection in each report required under that paragraph.
``(4) <<NOTE: Definition.>> In this subsection, the term `nature of
the claim' means whether the claim is a claim for--
``(A) benefits under this subpart with respect to the death
of a public safety officer;
``(B) benefits under this subpart with respect to the
disability of a public safety officer; or
``(C) education assistance under subpart 2.''.
SEC. 3. AGE LIMITATION FOR CHILDREN.
Section 1212(c) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796d-1(c)) is amended--
(1) by striking ``No child'' and inserting the following:
``(1) In general.--Subject to paragraph (2), no child''; and
(2) by adding at the end the following:
``(2) <<NOTE: Time periods.>> Delayed approvals.--
``(A) <<NOTE: Claims.>> Educational assistance
application.--If a claim for assistance under this
subpart is approved more than 1 year after the date on
which the application for such assistance is filed with
the Attorney General, the age
[[Page 131 STAT. 852]]
limitation under this subsection shall be extended by
the length of the period--
``(i) beginning on the day after the date that
is 1 year after the date on which the application
is filed; and
``(ii) ending on the date on which the
application is approved.
``(B) Claim for benefits for death or permanent and
total disability.--In addition to an extension under
subparagraph (A), if any, for an application for
assistance under this subpart that relates to a claim
for benefits under subpart 1 that was approved more than
1 year after the date on which the claim was filed with
the Attorney General, the age limitation under this
subsection shall be extended by the length of the
period--
``(i) beginning on the day after the date that
is 1 year after the date on which the claim for
benefits is submitted; and
``(ii) ending on the date on which the claim
for benefits is approved.''.
SEC. 4. DUE DILIGENCE IN PAYING BENEFIT CLAIMS.
Subpart 1 of part L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended by adding at the
end the following:
``SEC. 1206. <<NOTE: 42 USC 3796c-3.>> DUE DILIGENCE IN PAYING
BENEFIT CLAIMS.
``(a) In General.--The Bureau, with all due diligence, shall
expeditiously attempt to obtain the information and documentation
necessary to adjudicate a benefit claim filed under this part, including
a claim for financial assistance under subpart 2.
``(b) Sufficient Information Unavailable.--If a benefit claim filed
under this part, including a claim for financial assistance under
subpart 2, is unable to be adjudicated by the Bureau because of a lack
of information or documentation from a third party, such as a public
agency, and such information is not readily available to the claimant,
the Bureau may not abandon the benefit claim unless the Bureau has
utilized the investigative tools available to the Bureau to obtain the
necessary information or documentation, including subpoenas.''.
SEC. 5. PRESUMPTION THAT OFFICER ACTED PROPERLY.
Section 1202 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796a) is amended--
(1) by striking ``No benefit'' and inserting the following:
``(a) In General.--No benefit''; and
(2) by adding at the end the following:
``(b) <<NOTE: Determinations.>> Presumption.--In determining
whether a benefit is payable under this part, the Bureau--
``(1) shall presume that none of the limitations described
in subsection (a) apply; and
``(2) shall not determine that a limitation described in
subsection (a) applies, absent clear and convincing evidence.''.
SEC. 6. <<NOTE: 42 USC 3796a note.>> EFFECTIVE DATE;
APPLICABILITY.
The amendments made by this Act shall--
(1) take effect on the date of enactment of this Act; and
[[Page 131 STAT. 853]]
(2) apply to any benefit claim or application under part L
of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796 et seq.) that is--
(A) pending before the Bureau of Justice Assistance
on the date of enactment; or
(B) received by the Bureau on or after the date of
enactment of this Act.
Approved June 2, 2017.
LEGISLATIVE HISTORY--S. 419:
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CONGRESSIONAL RECORD, Vol. 163 (2017):
May 16, considered and passed Senate.
May 17, considered and passed House.
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