untitled

PUBLIC LAW 117–61—NOV. 18, 2021

PROTECTING AMERICA’S FIRST

RESPONDERS ACT OF 2021

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135 STAT. 1474 PUBLIC LAW 117–61—NOV. 18, 2021

Public Law 117–61

117th Congress

An Act

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 Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Protecting America’s First

Responders Act of 2021’’.

SEC. 2. PAYMENT OF DEATH AND DISABILITY BENEFITS UNDER

PUBLIC SAFETY OFFICERS’ DEATH BENEFITS PROGRAM.

Section 1201 of title I of the Omnibus Crime Control and

Safe Streets Act of 1968 (34 U.S.C. 10281) is amended—

(1) in subsection (a), in the matter preceding paragraph

(1)—

(A) by striking ‘‘the Bureau shall pay’’; and

(B) by inserting ‘‘, and calculated in accordance with

subsection (i), shall be payable by the Bureau’’ after ‘‘sub-

section (h)’’.

(2) in subsection (b)—

(A) by striking ‘‘the Bureau shall pay the same benefit’’

and inserting ‘‘a benefit shall be payable’’;

(B) by striking ‘‘that is payable under subsection (a)

with respect to the date on which the catastrophic injury

occurred,’’ and inserting ‘‘in the same amount that would

be payable, as of the date such injury was sustained

(including’’;

subsection (i)), if such determination were a determination

under subsection (a)’’ before ‘‘: Provided, That’’; and

(D) by striking ‘‘necessary:’’ and all that follows and

inserting ‘‘necessary.’’;

(3) in subsection (c), by striking ‘‘$3,000’’ and inserting

‘‘$6,000, adjusted in accordance with subsection (h),’’;

(4) in subsection (h), by striking ‘‘subsection (a)’’ and

inserting ‘‘subsections (a) and (b) and the level of the interim

benefit payable immediately before such October 1 under sub-

section (c)’’;

(5) by striking subsection (i) and inserting the following:

‘‘(i) The amount payable under subsections (a) and (b), with

respect to the death or permanent and total disability of a public

safety officer, shall be the greater of—

Protecting

America’s First

Responders Act

of 2021.

34 USC 10101

note.

Nov. 18, 2021

[S. 1511]

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135 STAT. 1475 PUBLIC LAW 117–61—NOV. 18, 2021

‘‘(1) the amount payable under the relevant subsection

as of the date of death or of the catastrophic injury of the

public safety officer; or

‘‘(2) in any case in which the claim filed thereunder has

been pending for more than 365 days at the time of final

determination by the Bureau, 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 determination.’’; and

(6) in subsection (m), by inserting ‘‘, (b),’’ after ‘‘subsection

(a)’’.

SEC. 3. DEFINITIONS WITH RESPECT TO PUBLIC SAFETY OFFICERS’

DEATH BENEFITS PROGRAM.

Section 1204 of title I of the Omnibus Crime Control and

Safe Streets Act of 1968 (34 U.S.C. 10284) is amended—

(1) by redesignating paragraphs (1), (2), (3), (4), (5), (6),

(7), (8), and (9) as paragraphs (4), (5), (6), (7), (8), (9), (10),

(13), and (14), respectively;

(2) by striking paragraph (4), as so redesignated, and

inserting:

‘‘(4) ‘catastrophic injury’ means an injury, the direct and

proximate result of which is to permanently render an indi-

vidual functionally incapable (including through a directly and

proximately resulting neurocognitive disorder), based on the

state of medicine on the date on which the claim is determined

by the Bureau, of performing work, including sedentary work:

Provided, That, if it appears that a claimant may be functionally

capable of performing work—

‘‘(A) the Bureau shall disregard work where any com-

pensation provided is de minimis, nominal, honorary, or

mere reimbursement of incidental expenses, such as—

‘‘(i) work that involves ordinary or simple tasks,

that because of the claimed disability, the claimant

cannot perform without significantly more supervision,

accommodation, or assistance than is typically provided

to an individual without the claimed disability doing

similar work;

‘‘(ii) work that involves minimal duties that make

few or no demands on the claimant and are of little

or no economic value to the employer; or

‘‘(iii) work that is performed primarily for thera-

peutic purposes and aids the claimant in the physical

or mental recovery from the claimed disability; and

‘‘(B) the claimant shall be presumed, absent clear and

convincing medical evidence to the contrary as determined

by the Bureau, to be functionally incapable of performing

such work if the direct and proximate result of the injury

renders the claimant—

‘‘(i) blind;

‘‘(ii) parapalegic; or

‘‘(iii) quadriplegic;’’;

(3) in paragraph (6), as so redesignated, 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 (in connection with any claim predicated upon

such death or injury) or the date of the public safety officer’s

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135 STAT. 1476 PUBLIC LAW 117–61—NOV. 18, 2021

catastrophic injury or of the final determination by the Bureau

of any claim predicated upon such catastrophic injury’’;

(4) in paragraph (7), as so redesignated, by inserting ‘‘,

including an individual who, as such a member, engages in

scene security or traffic management as the primary or only

duty of the individual during emergency response’’ before the

semicolon;

(5) in paragraph (9), as so redesignated by striking ‘‘delin-

quency).,’’ and inserting ‘‘delinquency),’’;

(6) in paragraph (13), as so redesignated, by inserting

‘‘, and includes (as may be prescribed by regulation hereunder)

a legally organized volunteer fire department that is a nonprofit

entity and provides services without regard to any particular

relationship (such as a subscription) a member of the public

may have with such a department’’ before the semicolon;

(7) in paragraph (14), as so redesignated,—

(A) by striking subparagraph (A) and inserting:

‘‘(A) an individual serving a public agency in an official

capacity, with or without compensation, as a law enforce-

ment officer, as a firefighter, or as a chaplain: Provided,

That (notwithstanding section 1205(b)(2) or (3)) the Bureau

shall, absent clear and convincing evidence to the contrary

as determined by the Bureau, deem the actions outside

of jurisdiction taken by any such law enforcement officer

or firefighter, to have been taken while serving such public

agency in such capacity, in any case in which the principal

legal officer of such public agency, and the head of such

agency, together, certify that such actions—

‘‘(i) were not unreasonable;

‘‘(ii) would have been within the authority and

line of duty of such law enforcement officer or such

firefighter to take, had they been taken in a jurisdiction

where such law enforcement officer or firefighter was

authorized to act, in the ordinary course, in an official

capacity; and

‘‘(iii) would have resulted in the payment of full

line-of-duty death or disability benefits (as applicable),

if any such benefits typically were payable by (or with

respect to or on behalf of) such public agency, as of

the date the actions were taken;’’;

(B) by redesignating subparagraphs (B), (C), (D), and

(E) as subparagraphs (C), (D), (E), and (F), respectively;

new subparagraph:

‘‘(B) 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

admitted, as provided in this section;’’; and

(D) by striking subparagraph (E), as so redesignated,

and inserting the following:

‘‘(E) a member of a rescue squad or ambulance crew

who, as authorized or licensed by law and by the applicable

agency or entity, is engaging in rescue activity or in the

provision of emergency medical services: Provided, That

(notwithstanding section 1205(b)(2) or (3)) the Bureau shall,

absent clear and convincing evidence to the contrary as

determined by the Bureau, deem the actions outside of

Determination.

Certification.

Determination.

Certification.

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135 STAT. 1477 PUBLIC LAW 117–61—NOV. 18, 2021

jurisdiction taken by any such member to have been thus

authorized or licensed, in any case in which the principal

legal officer of such agency or entity, and the head of

such agency or entity, together, certify that such actions—

‘‘(i) were not unreasonable;

‘‘(ii) would have been within the authority and

line of duty of such member to take, had they been

taken in a jurisdiction where such member was author-

ized or licensed by law and by a pertinent agency

or entity to act, in the ordinary course; and

‘‘(iii) would have resulted in the payment of full

line-of-duty death or disability benefits (as applicable),

if any such benefits typically were payable by (or with

respect to or on behalf of) such applicable agency or

entity, as of the date the action was taken;’’;

(8) by inserting before paragraph (4), as so redesignated,

the following new paragraphs:

‘‘(1) ‘action outside of jurisdiction’ means an action, not

in the course of any compensated employment involving either

the performance of public safety activity or the provision of

security services, by a law enforcement officer, firefighter, or

member of a rescue squad or ambulance crew that—

‘‘(A) was taken in a jurisdiction where—

‘‘(i) the law enforcement officer or firefighter then

was not authorized to act, in the ordinary course, in

an official capacity; or

‘‘(ii) the member of a rescue squad or ambulance

crew then was not authorized or licensed to act, in

the ordinary course, by law or by the applicable agency

or entity;

‘‘(B) then would have been within the authority and

line of duty of—

‘‘(i) a law enforcement officer or a firefighter to

take, who was authorized to act, in the ordinary course,

in an official capacity, in the jurisdiction where the

action was taken; or

‘‘(ii) a member of a rescue squad or ambulance

crew to take, who was authorized or licensed by law

and by a pertinent agency or entity to act, in the

ordinary course, in the jurisdiction where the action

was taken; and

‘‘(C) was, in an emergency situation that presented

an imminent and significant danger or threat to human

life or of serious bodily harm to any individual, taken—

‘‘(i) by a law enforcement officer—

‘‘(I) to prevent, halt, or respond to the imme-

diate consequences of a crime (including an

incident of juvenile delinquency); or

‘‘(II) while engaging in a rescue activity or

in the provision of emergency medical services;

‘‘(ii) by a firefighter—

‘‘(I) while engaging in fire suppression; or

‘‘(II) while engaging in a rescue activity or

in the provision of emergency medical services;

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135 STAT. 1478 PUBLIC LAW 117–61—NOV. 18, 2021

‘‘(iii) by a member of a rescue squad or ambulance

crew, while engaging in a rescue activity or in the

provision of emergency medical services;

‘‘(2) ‘candidate officer’ means an individual who is enrolled

or admitted, as a cadet or trainee, in a formal and officially

established program of instruction or of training (such as a

police or fire academy) that is specifically intended to result

upon completion, in the—

‘‘(A) commissioning of such individual as a law enforce-

ment officer;

‘‘(B) conferral upon such individual of official authority

to engage in fire suppression (as an officer or employee

of a public fire department or as an officially recognized

or designated member of a legally organized volunteer fire

department); or

‘‘(C) granting to such individual official authorization

or license to engage in a rescue activity, or in the provision

of emergency medical services, as a member of a rescue

squad, or as a member of an ambulance crew that is

(or is a part of) the agency or entity that is sponsoring

the individual’s enrollment or admission;

‘‘(3) ‘blind’ means an individual who has central visual

acuity of 20/200 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 20 degrees;’’;

and

(9) in the matter following paragraph (10), as so redesig-

nated, by inserting the following new paragraphs:

‘‘(11) ‘neurocognitive 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 memory, executive functioning (that is, higher-

level cognitive processes, such as, regulating attention, plan-

ning, inhibiting responses, decision-making), visual-spatial

functioning, language, speech, perception, insight, judgment,

or an insensitivity to social standards; and

‘‘(12) ‘sedentary work’ means work that—

‘‘(A) involves lifting articles weighing no more than

10 pounds at a time or occasionally lifting or carrying

articles such as docket files, ledgers, or small tools; and

‘‘(B) despite involving sitting on a regular basis, may

require walking or standing on an occasional basis.’’.

SEC. 4. DUE DILIGENCE IN PAYING BENEFIT CLAIMS UNDER PUBLIC

SAFETY OFFICERS’ DEATH BENEFITS PROGRAM.

Section 1206(b) of title I of the Omnibus Crime Control and

Safe Streets Act of 1968 (34 U.S.C. 10288(b)) is amended by striking

‘‘the Bureau may not’’ and all that follows and inserting the fol-

lowing: ‘‘the Bureau—

‘‘(1) may use available investigative tools, including sub-

poenas, to—

‘‘(A) adjudicate or to expedite the processing of the

benefit claim, if the Bureau deems such use to be necessary

to adjudicate or conducive to expediting the adjudication

of such claim; and

Subpoenas.

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135 STAT. 1479 PUBLIC LAW 117–61—NOV. 18, 2021

‘‘(B) obtain information or documentation from third

parties, including public agencies, if the Bureau deems

such use to be necessary to adjudicate or conducive to

expediting the adjudication of a claim; and

‘‘(2) may not abandon the benefit claim unless the Bureau

has used investigative tools, including subpoenas, to obtain

the information or documentation deemed necessary to adju-

dicate such claim by the Bureau under subparagraph (1)(B).’’.

SEC. 5. EDUCATIONAL ASSISTANCE TO DEPENDENTS OF CERTAIN

PUBLIC SAFETY OFFICERS.

Section 1216(b) of title I of the Omnibus Crime Control and

Safe Streets Act of 1968 (34 U.S.C. 10306(b)) is amended, in the

first sentence, by striking ‘‘may’’ and inserting ‘‘shall (unless

prospective assistance has been provided)’’.

SEC. 6. TECHNICAL CORRECTION.

Section 1205(e)(3)(B) of the Omnibus Crime Control and Safe

Streets Act of 1968 (34 U.S.C. 10285(e)(3)(B)) is amended by striking

‘‘subparagraph (B)(ix)’’ and inserting ‘‘subparagraph (I)’’.

SEC. 7. SUBPOENA POWER.

Section 806 of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 (34 U.S.C. 10225) is amended—

(1) by inserting ‘‘Attorney General, the’’ before the ‘‘Bureau

of Justice Assistance’’;

(2) by striking ‘‘may appoint’’ and inserting ‘‘may appoint

(to be assigned or employed on an interim or as-needed basis)

such hearing examiners (who shall, if so designated by the

Attorney General, be understood to be comprised within the

meaning of ‘‘special government employee’’ under section 202

of title 18, United States Code)’’;

(3) by striking ‘‘under this chapter. The’’ and inserting

‘‘or other law. The Attorney General, the’’; and

(4) by inserting ‘‘conduct examinations’’ after ‘‘examine wit-

nesses,’’.

SEC. 8. EFFECTIVE DATE; APPLICABILITY.

(a) I

ENERAL

.—Except as otherwise provided in this section,

the amendments made by this Act shall take effect on the date

of enactment of this Act.

(b) A

PPLICABILITY

.—

(1) C

ERTAIN INJURIES

.—The amendments made to para-

graphs (2) and (7) of section 1204 of title I of the Omnibus

Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284)

shall apply with respect to injuries occurring on or after

January 1, 2008.

(2) M

ATTERS PENDING

.—Except as provided in paragraph

(1), the amendments made by this Act shall apply to any

matter pending, before the Bureau or otherwise, on the date

of enactment of this Act, or filed (consistent with pre-existing

effective dates) or accruing after that date.

FFECTIVE

ATE FOR

WTC R

ESPONDERS

.—

(1) C

ERTAIN NEW CLAIMS

.—Not later than two years after

the effective date of this Act, a WTC responder may file a

claim, under section 1201(b) of title I of the Omnibus Crime

Control and Safe Streets Act of 1968 (34 U.S.C. 10281(b)),

that is predicated on a personal injury sustained in the line

Deadline.

34 USC 10281

note.

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135 STAT. 1480 PUBLIC LAW 117–61—NOV. 18, 2021

of duty by such responder as a result of the September 11,

2001, attacks, where—

(A) no claim under such section 1201(b) so predicated

has previously been filed; or

(B) a claim under such section 1201(b) so predicated

had previously been denied, in a final agency determina-

tion, on the basis (in whole or in part) that the claimant

was not totally disabled.

(2) C

LAIMS FOR A DECEASED WTC RESPONDER

.—Not later

than two years after the effective date of this Act, a claim

may be filed, constructively under section 1201(a) of title I

of the Omnibus Crime Control and Safe Streets Act of 1968

(34 U.S.C. 10281(a)), where a WTC responder who otherwise

could have filed a claim pursuant to paragraph (1) has died

before such effective date (or dies not later than 365 days

after such effective date), or where a WTC responder has filed

such a claim but dies while it is pending before the Bureau:

Provided, That—

(A) no claim under such section 1201(a) otherwise shall

have been filed, or determined, in a final agency determina-

tion; and

(B) if it is determined, in a final agency determination,

that a claim under such paragraph (1) would have been

payable had the WTC responder not died, then the WTC

responder shall irrebutably be presumed (solely for pur-

poses of determining to whom benefits otherwise pursuant

to such paragraph (1) may be payable under the claim

filed constructively under such section 1201(a)) to have

died as the direct and proximate result of the injury on

which the claim under such paragraph (1) would have

been predicated.

(3) D

IFFERENCE IN BENEFIT PAY

.—In the event that a claim

under section 1201(b) of title I of the Omnibus Crime Control

and Safe Streets Act of 1968 (34 U.S.C. 10281(b)) and predi-

cated on an injury sustained in the line of duty by a WTC

responder as a result of the September 11, 2001, attacks was

approved, in a final agency determination, before the effective

date of this Act, the Bureau shall, upon application filed (not

later than three years after such effective date of this Act)

by the payee (or payees) indicated in subparagraphs (A) or

(B), pay a bonus in the amount of the difference (if any) between

the amount that was paid pursuant to such determination

and the amount that would have been payable had the amend-

ments made by this Act, other than those indicated in sub-

section (b)(1), been in effect on the date of such determination—

(A) to the WTC responder, if living on the date the

application is determined, in a final agency determination;

(B) if the WTC responder is not living on the date

indicated in subparagraph (A), to the individual (or individ-

uals), if living on such date, to whom benefits would have

been payable on such date under section 1201(a) of such

title I (34 U.S.C. 10281(a)) had the application been,

instead, a claim under such section 1201(a).

(4) S

PECIAL LIMITED RULE OF CONSTRUCTION

.—A claim filed

pursuant to paragraph (1) or (2) shall be determined as though

the date of catastrophic injury of the public safety officer were

Determination.

Deadline.

Determination.

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135 STAT. 1481 PUBLIC LAW 117–61—NOV. 18, 2021

LEGISLATIVE HISTORY—S. 1511:

CONGRESSIONAL RECORD, Vol. 167 (2021):

June 10, considered and passed Senate.

Oct. 27, considered and passed House, amended.

Nov. 4, Senate concurred in House amendment.

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021):

Nov. 18, Presidential remarks.

the date of enactment of this Act, for purposes of determining

the amount that may be payable.

SEC. 9. SAFEGUARDING AMERICA’S FIRST RESPONDERS.

Section 3 of Safeguarding America’s First Responders Act of

2020 (Public Law 116-157) is amended—

(1) in subsection (a)(1), by striking ‘‘between January 1,

2020, and December 31, 2021’’ and inserting ‘‘during the period

beginning on January 1, 2020, and ending on the termination

date’’ and

(2) in subsection (b)(1), by striking ‘‘between January 1,

2020, and December 31, 2021’’ and inserting ‘‘during the period

beginning on January 1, 2020, and ending on the termination

date’’; and

(3) by adding at the end the following:

‘‘(c) T

ERMINATION

ATE

.—For purposes of this section, the term

‘termination date’ means the earlier of—

‘‘(1) the date on which the public health emergency declared

by the Secretary of Health and Human Services under section

319 of the Public Health Service Act (42 U.S.C. 247d) on

January 31, 2020, with respect to the Coronavirus Disease

(COVID–19), expires; and

‘‘(2) December 31, 2023.’’.

Approved November 18, 2021.

34 USC 10281

note.

Time period.

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