I
110th CONGRESS
2d Session
H. R. 7042
IN THE HOUSE OF REPRESENTATIVES
September 24, 2008
Mr. Cazayoux introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide adequate benefits for public safety officers injured or killed in the line of duty, and for other purposes.
Short title
This Act may be cited as the
First Responders Support Act of
2008
.
Expanding disability benefits
In general
Section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended—
in subsection (a)—
by striking
$250,000
and inserting $350,000
; and
by striking
subsection (h)
and inserting subsection
(h)(1)
;
in subsection (b)—
by striking
permanently and totally
; and
by striking
, to the extent that appropriations are provided
and all that
follows and inserting a benefit in an amount determined in accordance
with subsection (h)(2) to such officer.
; and
in subsection (h)—
by striking
the effective date of this subsection
and inserting the
date of enactment of the First Responders
Support Act of 2008
;
by inserting
(1)
after (h)
; and
by adding at the end the following:
Subject to subsection (b) and subparagraph (B) of this paragraph, the amount of a benefit paid under subsection (b) to a public safety officer who has become disabled as the direct result of a catastrophic injury sustained in the line of duty shall be in an amount equal to the benefit that is payable under subsection (a) in the applicable year, multiplied by the level of disability of the public safety officer, as determined in accordance with subparagraph (C).
No benefit shall be paid under subsection (b) if the level of disability of the public safety officer is less than 50 percent.
The Director shall adopt and apply a schedule of levels of disability of public safety officers associated with specific injuries or combinations of injuries, based upon the average impairments of earning capacity resulting from the injuries concerned.
.
Definition of catastrophic injury
Section 1204(1) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796b(1)) is amended by striking
permanently prevent an individual from performing any gainful
work
and inserting substantially diminishes the ability of an
individual to perform gainful work
.
Expediting benefits
Section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by adding at the end the following:
Not later than 3 months after the date on which a claimant submits all information required for a claim under this subpart, the Bureau shall determine whether the claimant is eligible to receive a benefit under this subpart.
.
Regulations
Not later than 9 months after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out the amendments made by this section.
Authorization of appropriations
There are authorized to be appropriated to the Attorney General, in addition to any other amounts otherwise authorized to be appropriated, $3,000,000 for each of fiscal years 2009 through 2013 to hire employees for the Bureau of Justice Assistance and obtain the technology and equipment necessary to expedite the processing of claims and make disability determinations under subpart 1 of part L of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.), as amended by this section.
Educational benefits
In general
Section 1212(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d–1(a)) is amended—
by striking paragraph (2) and inserting the following:
Except as provided in paragraph (3), and subject to subparagraph (C) of this paragraph, financial assistance under this subpart shall—
consist of direct payments to an eligible dependent; and
be paid at the monthly rate of not more than $1,500.
The Director shall promulgate regulations to establish the amount of financial assistance under subparagraph (A) for an eligible dependent, which shall be based on the portion of the normal full-time academic workload for the course of study, as determined by the eligible educational institution, that the eligible dependent is pursuing.
On October 1 of each fiscal year beginning after the date of enactment of the First Responders Support Act of 2008, the Director shall adjust the level of the benefit payable during that fiscal year under subparagraph (A)(ii), to reflect the annual percentage change in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics, occurring in the 1-year period ending on June 1 immediately preceding such October 1.
; and
in paragraph
(3)(A), by striking to which the eligible dependent would otherwise be
entitled to receive
and inserting that the eligible dependent
receives
.
Children
Section 1212(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d–1(a)(1)) is amended—
in subparagraph
(A), by striking or
at the end;
in subparagraph
(B), by striking a totally and permanently disabling injury
and
inserting the officer's catastrophic injury
;
by redesignating subparagraph (B) as subparagraph (C); and
by inserting after subparagraph (A) the following:
the child of the spouse of an officer described in subparagraph (A) at the time of the officer's death or on the date of the officer's catastrophic injury; or
.
Credit for continuing care of first responders
In general
Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36 the following new section:
Continuing care for injured first responders
Allowance of credit
There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the qualified medical expenses paid or incurred during such taxable year by a qualified injured first responder or a family member of a qualified injured first responder.
Limitations
In general
The amount of the credit allowed under subsection (a) for any taxable year shall not exceed $7,500.
Limitation based on adjusted gross income
The amount of the credit allowed by subsection (a) (determined without regard to this subsection) shall be reduced (but not below zero) by 5 percent of so much of the taxpayer's adjusted gross income as exceeds $75,000 ($150,000 in the case of a joint return).
Definitions
For purposes of this section—
Qualified injured first responder
The term qualified injured first responder means any public safety officer who has suffered an injury that substantially diminishes the ability of the public safety officer to perform gainful work while performing an official duty as a public safety officer.
Family member
The term family member includes family members described in section 267(c)(4).
Qualified medical expenses
The term qualified medical expenses means expenses paid or incurred, not compensated for by insurance or otherwise, for medical care (within the meaning of section 213(d)) in connection with an injury of a qualified injured first responder which was incurred while the qualified injured first responder was performing an official duty as a public safety officer.
Public safety officer
The term public safety officer has the meaning given such term by section 1204(9) of the Omnibus Crime Control and Safe Streets Act of 1968.
No double benefit
No credit or deduction shall be allowed under this chapter with respect to any expenses which are taken into account under this section.
.
Conforming amendments
Paragraph (2) of
section 1324(b) of title 31, United States Code, is amended by inserting
36A,
after 36,
.
The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36 the following new item:
Sec. 36A. Continuing care for injured first responders.
.
Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2008.
Expanding counseling and mental health services
Definitions
In this section—
the term Director means the Director of the Bureau of Justice Assistance;
the term eligible organization means an organization that provides free or reduced cost mental health services or counseling to public safety officers seriously injured in the line of duty and the family members of public safety officers killed or seriously injured in the line of duty;
the term public safety officer has the meaning given that term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b); and
the term reduced cost, relating to mental health services or counseling, means that the organization providing the services or counseling charges not more than 50 percent of the amount that the organization would otherwise charge for the services or counseling.
Authorization To make grants
The Director may make grants to eligible organizations to provide mental health services or counseling to public safety officers seriously injured in the line of duty and the family members of public safety officers killed or seriously injured in the line of duty.
Application
An eligible organization desiring a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Director may establish.