[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3897 Reported in Senate (RS)]
<DOC>
Calendar No. 416
119th CONGRESS
2d Session
S. 3897
To revise administrative procedures relating to public safety officers'
death benefits, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 24, 2026
Mrs. Gillibrand (for herself, Mr. Cruz, Mrs. Shaheen, Mr. Coons, Mr.
Graham, Mr. Durbin, Ms. Klobuchar, Mr. Tillis, Ms. Hirono, Mr.
Blumenthal, Mr. Padilla, Mr. Welch, and Mr. Booker) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
May 19, 2026
Reported by Mr. Grassley, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To revise administrative procedures relating to public safety officers'
death benefits, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Officer John Barnes and
Chief Michael Ansbro Public Safety Officers' Benefit Program Expansion
Act of 2026''.</DELETED>
<DELETED>SEC. 2. ELIGIBILITY DETERMINATION FOR PUBLIC SAFETY OFFICER
BENEFITS.</DELETED>
<DELETED> (a) In General.--Section 1205 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10285) is
amended--</DELETED>
<DELETED> (1) in subsection (e)(2)(E), by inserting ``,
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 delay'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(f) Notice and Interim Benefits.--</DELETED>
<DELETED> ``(1) Notice of missing information.--Not later
than 90 calendar days after receiving a claim filed under this
subpart, the Bureau shall notify the claimant or the relevant
agency of any missing information required to process the
claim.</DELETED>
<DELETED> ``(2) Notice of determination.--</DELETED>
<DELETED> ``(A) In general.--Not later than 270
calendar days after receiving a complete claim, the
Bureau shall inform the claimant of the Bureau's
determination as to the claimant's benefit
eligibility.</DELETED>
<DELETED> ``(B) Interim benefits as notice.--
Provision of interim benefits under section 1201(d)
shall be deemed to be notice under subparagraph
(A).</DELETED>
<DELETED> ``(3) Interim benefits.--</DELETED>
<DELETED> ``(A) Entitlement.--If the Bureau fails to
inform a claimant of the Bureau's determination on or
before the date that is 270 calendar days after
receiving a complete claim, the Bureau shall issue a
single interim benefit payment with respect to the
claim, payable only to--</DELETED>
<DELETED> ``(i) a claimant whose status as
an eligible beneficiary is undisputed;
or</DELETED>
<DELETED> ``(ii) if beneficiary status
remains unresolved, an escrow or fiduciary
account, pending final determination under
section 1201.</DELETED>
<DELETED> ``(B) Rescission or repayment.--Any
interim benefits paid under this subsection--</DELETED>
<DELETED> ``(i) shall be credited against
any final benefit determination made under
section 1201;</DELETED>
<DELETED> ``(ii) shall not be subject to
recoupment or affirmative repayment by the
Bureau, except in cases of fraud or material
misrepresentation; and</DELETED>
<DELETED> ``(iii) shall not be construed to
create an entitlement to benefits if the
claimant or decedent is determined to be
ineligible under this part.</DELETED>
<DELETED> ``(4) Rule of construction.--Nothing in this
subsection shall be construed to--</DELETED>
<DELETED> ``(A) limit the Bureau's authority to deny
a claim for failure to meet statutory eligibility
requirements;</DELETED>
<DELETED> ``(B) alter the determination of eligible
beneficiaries under section 1201; or</DELETED>
<DELETED> ``(C) require payment of interim benefits
to multiple claimants if the statute authorizes payment
to only 1 or more mutually exclusive
beneficiaries.</DELETED>
<DELETED> ``(g) Outreach.--The Bureau shall--</DELETED>
<DELETED> ``(1) conduct outreach efforts on an ongoing basis
to ensure that public safety officers and underserved public
agencies are aware of the program under this part, including
outreach efforts for disabled public safety officers;
and</DELETED>
<DELETED> ``(2) include in the outreach efforts under
paragraph (1) regular communications with national public
safety organizations, public safety agencies, and organizations
supporting disabled public safety officers and the families of
fallen officers.</DELETED>
<DELETED> ``(h) Summary of Backlogged Claims.--Not later than 30
days after publishing the report required under subsection (e)(2), the
Bureau shall submit a summary of the information required to be
reported under subsection (e)(2)(E) to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House of
Representatives.</DELETED>
<DELETED> ``(i) Audit of Backlogged Claims.--On an annual basis, the
Comptroller General shall conduct an audit of any pending claims under
this part that were submitted to the Bureau more than 1 year before the
date on which the audit is commenced, to identify programmatic
challenges to the timely processing of death, disability, and
educational assistance claims. As part of the audit, the Comptroller
General shall also review--</DELETED>
<DELETED> ``(1) where the claim is in the determination
process;</DELETED>
<DELETED> ``(2) the reasons for delay, including any
processes, such as legal review, that prevent timely processing
of claims;</DELETED>
<DELETED> ``(3) whether the agency has used its subpoena
authority for the claims;</DELETED>
<DELETED> ``(4) the frequency of outreach to the claimant
and efforts to evaluate and improve the effectiveness of
outreach and claims assistance efforts;</DELETED>
<DELETED> ``(5) the efforts of the Bureau of Justice
Assistance to implement a claims processing manual to ensure
consistency across staff in determining claims; and</DELETED>
<DELETED> ``(6) efforts to evaluate and improve the
effectiveness of outreach and claims assistance
efforts.''.</DELETED>
<DELETED> (b) Subpoena Requirement.--Section 1206(b) of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10288(b)) is
amended--</DELETED>
<DELETED> (1) in paragraph (1)(B), by striking ``and'' at
the end;</DELETED>
<DELETED> (2) in paragraph (2), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(3) 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 30 days after
the date of the Bureau's or the claimant's request to provide
the information or documentation, shall issue a subpoena to the
public agency to obtain the information or documentation,
unless the Bureau has approved an extension not exceeding 60
days.''.</DELETED>
<DELETED> (c) Definitions.--</DELETED>
<DELETED> (1) In general.--Section 1204 of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10284) is
amended--</DELETED>
<DELETED> (A) in paragraph (4)--</DELETED>
<DELETED> (i) in the matter preceding
subparagraph (A), by inserting ``or gainful
work as a public safety officer'' after
``including sedentary work'' each place it
appears; and</DELETED>
<DELETED> (ii) in subparagraph (B)(ii), by
striking ``parapalegic'' and inserting
``paraplegic'';</DELETED>
<DELETED> (B) by redesignating paragraph (7) as
paragraph (8) and paragraphs (8) through (14) as
paragraphs (10) through (16), respectively;</DELETED>
<DELETED> (C) by inserting after paragraph (6) the
following:</DELETED>
<DELETED> ``(7) `complete claim' means any claim that--
</DELETED>
<DELETED> ``(A) contains all required documents from
the claimant and the relevant agency for processing;
and</DELETED>
<DELETED> ``(B) has been assigned a claim number by
the Bureau;''; and</DELETED>
<DELETED> (D) by inserting after paragraph (8), as
so redesignated, the following:</DELETED>
<DELETED> ``(9) `gainful work' means gainful work activity,
as defined in section 416.972 of title 20, Code of Federal
Regulations, or successor regulation;''.</DELETED>
<DELETED> (2) Conforming amendments.--</DELETED>
<DELETED> (A) Internal revenue code.--Section
402(l)(4)(C) of the Internal Revenue Code of 1986 is
amended by striking ``(9)(A)'' each place it
appears.</DELETED>
<DELETED> (B) Title 28.--Section 1863(b)(5)(B) of
title 28, United States Code, is amended by striking
``section 1203(6)'' and inserting ``section
1204''.</DELETED>
<DELETED>SEC. 3. BENEFITS FOR PERMANENT AND PARTIAL
DISABILITY.</DELETED>
<DELETED> (a) In General.--Section 1201 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281) is
amended--</DELETED>
<DELETED> (1) by redesignating subsections (c) through (q)
as subsections (d) through (r), respectively;</DELETED>
<DELETED> (2) by inserting after subsection (b) the
following:</DELETED>
<DELETED> ``(c) Benefits for Permanent and Partial Disability With
Inability To Continue Previous Work.--</DELETED>
<DELETED> ``(1) In general.--In accordance with regulations
issued pursuant to this part, in any case in which the Bureau
determines that a public safety officer has become permanently,
but not totally, 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 officer, including if the individual is
medically retired by the public safety agency, a benefit shall
be payable to the public safety officer (if living on the date
on which the determination is made) of half of the amount that
would be payable, as of the date such injury was sustained
(including as adjusted in accordance with subsection (i), and
calculated in accordance with subsection (j)), if such
determination were a determination under subsection
(a).</DELETED>
<DELETED> ``(2) Progression of disability.--If, not later
than 3 years after the date of sustaining the injury described
in paragraph (1), the severity of the impairment of the public
safety officer progresses to that of permanent and total
disability, as described in subsection (b), the public safety
officer may apply for a benefit under that subsection and, if
the Bureau determines that a permanent and total disability
exists, 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 subsection, less
any benefit provided under this subsection.</DELETED>
<DELETED> ``(3) 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 injury, any death benefit payable under subsection
(a) shall be reduced by the amount of any benefit previously
paid under this subsection.</DELETED>
<DELETED> ``(4) Rule of construction.--</DELETED>
<DELETED> ``(A) Availability of benefits.--Nothing
in this subsection shall be construed to affect the
availability of full benefits under subsection (a) or
(b), nor shall this subsection apply to temporary
disabilities or injuries that do not result in
permanent impairment at the time of filing.</DELETED>
<DELETED> ``(B) Determination.--A determination
under this subsection shall not constitute a final
determination with respect to eligibility for benefits
under subsection (b).'';</DELETED>
<DELETED> (3) by striking subsection (d), and inserting the
following:</DELETED>
<DELETED> ``(d) 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 paid, the Bureau may make an interim benefit payment
not exceeding $6,000, adjusted in accordance with subsection (i), to
the individual entitled to receive a benefit under subsection (a), (b),
or (c) of this section.''; and</DELETED>
<DELETED> (4) in subsection (j), as so redesignated, by
striking ``subsections (a) and (b)'' and inserting
``subsections (a), (b), and (c)''.</DELETED>
<DELETED> (b) Technical and Conforming Amendments.--</DELETED>
<DELETED> (1) In general.--Part L of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281 et
seq.) is amended--</DELETED>
<DELETED> (A) in section 1201--</DELETED>
<DELETED> (i) in subsection (a), by striking
``adjusted in accordance with subsection (h),
and calculated in accordance with subsection
(i)'' and inserting ``adjusted in accordance
with subsection (i), and calculated in
accordance with subsection (j)'';</DELETED>
<DELETED> (ii) in subsection (b), by
striking ``adjusted in accordance with
subsection (h), and calculated in accordance
with subsection (i)'' and inserting ``adjusted
in accordance with subsection (i), and
calculated in accordance with subsection
(j)'';</DELETED>
<DELETED> (iii) in subsection (d), as so
redesignated, by striking ``subsection (h)''
and inserting ``subsection (i)'';</DELETED>
<DELETED> (iv) in subsection (e), as so
redesignated, by striking ``subsection (c)''
and inserting ``subsection (d)'';</DELETED>
<DELETED> (v) in subsection (i), as so
redesignated--</DELETED>
<DELETED> (I) by striking
``subsection (c)'' and inserting
``subsection (d)''; and</DELETED>
<DELETED> (II) by striking
``subsections (a) and (b)'' and
inserting ``subsections (a), (b), and
(c)'';</DELETED>
<DELETED> (vi) in subsection (j), as so
redesignated, by striking ``and total'' after
``death or permanent'';</DELETED>
<DELETED> (vii) in subsection (m), as so
redesignated, by striking ``subsection (k)''
and inserting ``subsection (l)'';</DELETED>
<DELETED> (viii) in subsection (n), as so
redesignated, by striking ``subsection (a),
(b), or (c)'' and inserting ``subsection (a),
(b), (c), or (d)'';</DELETED>
<DELETED> (ix) in subsection (p)(3), as so
redesignated--</DELETED>
<DELETED> (I) in the paragraph
heading, by striking ``and total
disability'' and inserting ``or
permanent disability'';</DELETED>