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Issued
August 7, 2026
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Download official Senate Record PDFReturn to issue contextSA 6764. Mr. MORENO (for Mrs. Gillibrand) proposed an amendment to the bill S. 3897, to revise administrative procedures relating to public safety officers' death benefits, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the “Officer John Barnes and
Chief Michael Ansbro Public Safety Officers' Benefit Program
Expansion Act of 2026”.
SEC. 2. ELIGIBILITY DETERMINATION FOR PUBLIC SAFETY OFFICER
BENEFITS.
(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—
(1) in subsection (e)(2)(E), by inserting “, including
whether the delay is due to the inaction of the claimant or
an agency from which information is required” after “basis
for delay”; and
(2) by adding at the end the following:
“(f) Notice and Interim Benefits.—
“(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.
“(2) Notice of determination.—
“(A) In general.—Not later than 270 calendar days after
receiving all information required to process the claim, the
Bureau shall inform the claimant of the Bureau's final,
appealable determination as to the claimant's benefit
eligibility.
“(B) Interim benefits as notice.—Provision of interim
benefits under section 1201(c) shall be deemed to be notice
under subparagraph (A).
“(3) Interim benefits.—
“(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 all information
required to process the claim, the Bureau shall issue a
single interim benefit payment with respect to the claim,
payable only to—
“(i) a claimant whose status as an eligible beneficiary is
undisputed; or
“(ii) if beneficiary status remains unresolved, an escrow
or fiduciary account, pending final determination under
section 1201.
“(B) Rescission or repayment.—Any interim benefits paid
under this subsection—
“(i) shall be credited against any final benefit
determination made under section 1201;
“(ii) shall not be subject to recoupment or affirmative
repayment by the Bureau, except in cases of fraud or material
misrepresentation; and
“(iii) shall not be construed to create an entitlement to
benefits if the claimant or decedent is determined to be
ineligible under this part.
“(4) Rule of construction.—Nothing in this subsection
shall be construed to—
“(A) limit the Bureau's authority to deny a claim for
failure to meet statutory eligibility requirements;
“(B) alter the determination of eligible beneficiaries
under section 1201; or
“(C) require payment of interim benefits to multiple
claimants if the statute authorizes payment to only 1 or more
mutually exclusive beneficiaries.
“(g) Outreach.—The Bureau shall—
“(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
“(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.
“(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.
“(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—
“(1) where the claim is in the determination process;
“(2) the reasons for delay, including any processes, such
as legal review, that prevent timely processing of claims;
“(3) whether the agency has used its subpoena authority
for the claims;
“(4) the frequency of outreach to the claimant and efforts
to evaluate and improve the effectiveness of outreach and
claims assistance efforts;
“(5) the efforts of the Bureau of Justice Assistance to
implement a claims processing manual to ensure consistency
across staff in determining claims; and
“(6) efforts to evaluate and improve the effectiveness of
outreach and claims assistance efforts.”.
(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—
(1) in paragraph (1)(B), by striking “and” at the end;
(2) in paragraph (2), by striking the period at the end and
inserting “; and”; and
(3) by adding at the end the following:
“(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.”.
(c) Definitions.—
(1) In general.—Section 1204 of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10284) is amended—
(A) in paragraph (4)(B)(ii), by striking “parapalegic”
and inserting “paraplegic”;
(B) by redesignating paragraphs (8) through (14) as
paragraphs (9) through (15), respectively; and
(C) by inserting after paragraph (7) the following:
“(8) `gainful work' means gainful work activity, as
defined in section 32.23 of title 28, Code of Federal
Regulations, or successor regulation;”.
(2) Conforming amendments.—
(A) Internal revenue code.—Section 402(l)(4)(C) of the
Internal Revenue Code of 1986 is amended by striking “(42
U.S.C. 3796b(9)(A))”.
(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”.
SEC. 3. EXPEDITED PAYMENT FOR VCF OR WTCHP DETERMINATIONS.
Section 1205(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10285(b)) is amended by
adding at the end the following:
“(4) In making determinations under section 1201(a), the
Bureau shall, absent clear and convincing evidence to the
contrary, as determined by the Bureau, approve any claim if
the September 11th Victim Compensation Fund of 2001 (49
U.S.C. 40101 note; Public Law 107-42) (commonly referred to
as the `VCF') or the World Trade Center Health Program under
title XXXIII of the Public Health Service Act (42 U.S.C.
300mm et seq.) provides a certification of facts that—
“(A) the claim is eligible for death benefits under the
Victim Compensation Fund; or
“(B) the cause of claimant's death is a World Trade Center
Health Program-related condition.”.
SEC. 4. IMPLEMENTATION OF CERTAIN GAO RECOMMENDATIONS.
Not later than 180 days after the date of enactment of this
Act, 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 Program: Transparency, Claims Assistance, and
Program Management Improvements Needed” (GAO-24-105549),
published on September 27, 2024.