S 419 — Public Safety Officers' Benefits Improvement Act of 2017

[Congressional[115th BillsCongress 115thPublic Congress]Law 36] [From the U.S.

Government Publishing Office] [S.[[Page 131 STAT.

419849]] EngrossedPublic inLaw Senate115-36 (ES)]115th <DOC>Congress 115thAn CONGRESSAct 1stTo Sessionrequire S.adequate reporting on the Public Safety Officers' Benefits program, and for other purposes.

419<<NOTE: _______________________________________________________________________ AN ACT To require adequate reporting on the Public Safety Officers' Benefits program, and for other purposes.

BeJune it2, enacted2017 by- the[S. Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

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.

``(2) In<<NOTE: 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)Determination.>> IfIn themaking head of a State,determination local,under orsection Federal1201, administrativethe orBureau investigativeshall agency,give insubstantial consultationweight withto the principalevidence legaland officerall findings of thefact agency,presented providesby a certificationState, oflocal, factsor Federal administrative or investigative agency regarding eligibility for death or disability benefits,benefits. the Bureau shall adopt the factual findings, if the factual findings are supported by substantial evidence.'';

``(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.'';

``(e)(1)(A) Not<<NOTE: 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.

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.

``(C) The information made available under this paragraph shall include-- ``(i) for each pending claim-- ``(I)[[Page the131 dateSTAT. on which the claim was submitted to the Bureau;

850]] ``(I) the date on which the claim was submitted to the Bureau;

``(2) Not<<NOTE: 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;

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;

``(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-day180- day period preceding the report, and the average award amount for any such claims that were approved;

``(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 the[[Page required131 informationSTAT. 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;

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;

``(3) Not<<NOTE: 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) conduct a study on the compliance of the Bureau with the obligation to offset award amounts under section 1201(f)(3);

andDeadlines.>> ``(B)Not submitlater tothan Congress2 ayears reportafter on the studydate conductedof underenactment subparagraphof (A)this thatsubsection, includesand an2 assessmentyears ofthereafter, whether the BureauComptroller hasGeneral providedof the informationUnited requiredStates undershall-- subparagraph``(A) (B)(ix)<<NOTE: of paragraph (2) of this subsection in each report required under that paragraph.

``(4)Study.>> Inconduct thisa subsection,study on the termcompliance `nature of the claim'Bureau meanswith whether the claimobligation isto aoffset claimaward for--amounts ``(A) benefits under thissection subpart1201(f)(3); with respect to the death of a public safety officer;

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;

``(2) Delayed<<NOTE: approvals.-- ``(A) 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 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;

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;

``(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;

DUE<<NOTE: DILIGENCE IN PAYING BENEFIT CLAIMS.