H.R. 7718

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7718 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7718

To revise administrative procedures relating to public safety officers' 
death benefits, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 25, 2026

Mr. Weber of Texas (for himself and Mr. Min) introduced the following 
bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

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,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Officer John Barnes and Chief 
Michael Ansbro Public Safety Officers' Benefits 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 the 
failure to cooperate of 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 a complete claim, the Bureau shall 
inform the claimant of the Bureau's determination as to 
the claimant's benefit eligibility.
``(B) Interim benefits as notice.--Provision of 
interim benefits under section 1201(d) 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 a 
complete 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)--
(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
(ii) in subparagraph (B)(ii), by striking 
``parapalegic'' and inserting ``paraplegic'';
(B) by redesignating paragraph (7) as paragraph (8) 
and paragraphs (8) through (14) as paragraphs (10) 
through (16), respectively;
(C) by inserting after paragraph (6) the following:
``(7) `complete claim' means any claim that--
``(A) contains all required documents from the 
claimant and the relevant agency for processing; and
``(B) has been assigned a claim number by the 
Bureau;''; and
(D) by inserting after paragraph (8), as so 
redesignated, the following:
``(9) `gainful work' means gainful work activity, as 
defined in section 416.972 of title 20, 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 ``(9)(A)'' each place it appears.
(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. BENEFITS FOR PERMANENT AND PARTIAL DISABILITY.

(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--
(1) by redesignating subsections (c) through (q) as 
subsections (d) through (r), respectively;
(2) by inserting after subsection (b) the following:
``(c) Benefits for Permanent and Partial Disability With Inability 
To Continue Previous Work.--
``(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).
``(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.
``(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.
``(4) Rule of construction.--
``(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.
``(B) Determination.--A determination under this 
subsection shall not constitute a final determination 
with respect to eligibility for benefits under 
subsection (b).'';
(3) by striking subsection (d), and inserting the 
following:
``(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
(4) in subsection (j), as so redesignated, by striking 
``subsections (a) and (b)'' and inserting ``subsections (a), 
(b), and (c)''.
(b) Technical and Conforming Amendments.--
(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--
(A) in section 1201--
(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)'';
(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)'';
(iii) in subsection (d), as so 
redesignated, by striking ``subsection (h)'' 
and inserting ``subsection (i)'';
(iv) in subsection (e), as so redesignated, 
by striking ``subsection (c)'' and inserting 
``subsection (d)'';
(v) in subsection (i), as so redesignated--
(I) by striking ``subsection (c)'' 
and inserting ``subsection (d)''; and
(II) by striking ``subsections (a) 
and (b)'' and inserting ``subsections 
(a), (b), and (c)'';
(vi) in subsection (j), as so redesignated, 
by striking ``and total'' after ``death or 
permanent'';
(vii) in subsection (m), as so 
redesignated, by striking ``subsection (k)'' 
and inserting ``subsection (l)'';
(viii) in subsection (n), as so 
redesignated, by striking ``subsection (a), 
(b), or (c)'' and inserting ``subsection (a), 
(b), (c), or (d)'';
(ix) in subsection (p)(3), as so 
redesignated--
(I) in the paragraph heading, by 
striking ``and total disability'' and 
inserting ``or permanent disability'';
(II) in the matter preceding 
subparagraph (A), by striking 
``subsection (a) or (b)'' and inserting 
``subsection (a), (b), or (c)'';
(III) in subparagraph (A), by 
striking ``and total'' after ``death or 
permanent''; and
(IV) in subparagraph (B), by 
striking ``and total'' after ``death or 
permanent''; and
(x) in subsection (r)(2)(A), as so 
redesignated--
(I) by striking ``subsection (a) or 
(b)'' and inserting ``subsection (a), 
(b), or (c)''; and
(II) by striking ``and total'' each 
place it appears; and
(B) in section 1205(e)--
(i) in paragraph (2), by striking 
``(f)(3)'' and inserting ``(g)(3)''; and
(ii) in paragraph (3)(A), by striking 
``(f)(3)'' and inserting ``(g)(3)''.
(2) Other amendments.--
(A) Public safety officer support act.--Section 
3(b)(2) of the Public Safety Officer Support Act of 
2022 (34 U.S.C. 10281 note; Public Law 117-172; 136 
Stat. 2101) is amended--
(i) by striking ``section 1201(o)'' and 
inserting ``section 1201(p)''; and
(ii) by striking ``January 1, 2019'' and 
inserting ``January 1, 2018''.
(B) Dale long public safety officers' benefits 
improvements act of 2012.--Section 1086(d)(2)(B) of the 
National Defense Authorization Act for Fiscal Year 2013 
(Public Law 112-239; 126 Stat. 1969) is amended by 
striking ``Section 1201(k)'' and inserting ``Section 
1201(l)''.
(C) USA patriot act of 2001.--Section 611(a) of the 
Uniting and Strengthening America by Providing 
Appropriate Tools Required to Intercept and Obstruct 
Terrorism Act of 2001 (34 U.S.C. 10286(a)) is amended 
by striking ``and total'' after ``producing 
permanent''.
(D) NDAA fy26.--Section 8204(b)(2) of the National 
Defense Authorization Act for Fiscal Year 2026 (Public 
Law 119-60) is amended by striking ``section 1201(p)'' 
and inserting ``section 1201(q)''.

SEC. 4. 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. 5. 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.

SEC. 6. EDUCATIONAL BENEFITS.

Nothing in this Act, or the amendments made by this Act shall be 
construed as expanding or altering any benefits available to dependents 
under subpart 2 of part L of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10281 et seq.).
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