G:\M\16\JOYCOH\JOYCOH_047.XML .................................................................. (Original Signature of Member) 116TH CONGRESS H. R. 2D SESSION To extend public safety officer death benefits to public safety officers whose death is caused by COVID–19, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. JOYCE of Ohio introduced the following bill; which was referred to the Committee on A BILL To extend public safety officer death benefits to public safety officers whose death is caused by COVID–19, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 4 SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Safeguarding Amer- 5 ica’s First Responders Act of 2020’’. 6 7 SEC. 2. SENSE OF CONGRESS; PURPOSE. (a) SENSE OF 8 gress that— g:\VHLC\052120\052120.014.xml May 21, 2020 (10:09 a.m.) (764126 1) CONGRESS.—It is the sense of Con- G:\M\16\JOYCOH\JOYCOH_047.XML 2 1 2 (1) an infectious disease pandemic known as COVID–19 exists; 3 (2) to date, there is much still unknown about 4 COVID–19, but it is known that COVID–19 and re- 5 lated complications may be fatal; 6 7 (3) services provided by public safety officers are nonetheless essential during this pandemic; 8 (4) due to the COVID–19 pandemic and what 9 is currently known about how the disease is spread, 10 public safety officers are uncharacteristically at risk 11 of contracting the disease; and 12 (5) although the Public Safety Officers’ Bene- 13 fits program currently covers deaths and permanent 14 and total disabilities resulting from infectious dis- 15 ease sustained by public safety officers in carrying 16 out their duties, the determination of claims involv- 17 ing personal injuries believed to have resulted from 18 COVID–19 or its complications may be uniquely 19 challenging or delayed given the lack of— 20 21 (A) definitive testing and medical records at this time; and 22 (B) a definitive uniform body of medical 23 information about how the disease is spread or 24 g:\VHLC\052120\052120.014.xml May 21, 2020 (10:09 a.m.) its effects. (764126 1) G:\M\16\JOYCOH\JOYCOH_047.XML 3 1 (b) PURPOSE.—The purpose of this Act is to estab- 2 lish a carefully drawn framework wherein claims under the 3 Public Safety Officers’ Benefits program, arising under 4 the unique circumstances described in subsection (a), can 5 be processed expeditiously and under fair and clear stand6 ards. 7 8 SEC. 3. PUBLIC SAFETY OFFICER BENEFITS. (a) DEATH BENEFITS.—As determined by the Bu- 9 reau of Justice Assistance, unless competent medical evi10 dence establishes that the death of a public safety officer 11 (as defined in section 1204 of title I of the Omnibus Crime 12 Control and Safe Streets Act of 1968 (34 U.S.C. 10284)) 13 was directly and proximately caused by something other 14 than COVID–19, COVID–19 (or complications therefrom) 15 suffered by the public safety officer shall be presumed to 16 constitute a personal injury within the meaning of section 17 1201(a) of title I of the Omnibus Crime Control and Safe 18 Streets Act of 1968 (34 U.S.C. 10281(a)), sustained in 19 the line of duty by the officer and directly and proximately 20 resulting in death, if— 21 (1) the officer engaged in a line of duty action 22 or activity between January 1, 2020, and December 23 31, 2021; 24 (2) the officer was diagnosed with COVID–19 25 (or evidence indicates that the officer had COVID– g:\VHLC\052120\052120.014.xml May 21, 2020 (10:09 a.m.) (764126 1) G:\M\16\JOYCOH\JOYCOH_047.XML 4 1 19) during the 45-day period beginning on the last 2 day of duty of the officer; and 3 (3) evidence indicates that the officer had 4 COVID–19 (or complications therefrom) at the time 5 of the officer’s death. 6 (b) DISABILITY BENEFITS.—As determined by the 7 Bureau of Justice Assistance, COVID–19 (or complica8 tions therefrom) suffered by a public safety officer shall 9 be presumed to constitute a personal injury within the 10 meaning of section 1201(b) of title I of the Omnibus 11 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 12 10281(b)), sustained in the line of duty by the officer, if— 13 (1) the officer engaged in a line of duty action 14 or activity between January 1, 2020, and December 15 31, 2021; and 16 (2) the officer was diagnosed with COVID–19 17 (or evidence indicates that the officer had COVID– 18 19) during the 45-day period beginning on the last 19 day of duty of the officer. g:\VHLC\052120\052120.014.xml May 21, 2020 (10:09 a.m.) (764126 1)