Judiciary Committee Advances Bill to Assist Families of Fallen Officers

WASHINGTON – The Senate Judiciary Committee today approved legislation by Chairman Chuck Grassley and Senator Kirsten Gillibrand to reduce the backlog of families awaiting approval of survivor benefits of public safety officers killed in the line of duty.  The Public Safety Officers’ Benefits Improvement Act, which also increases the federal transparency of the benefit program, passed in the committee today by voice vote with no opposition.

“It’s unacceptable that families of fallen officers and first responders like Shelly Langenbau of Northwood, Iowa, are being forced to wait long periods of time – in many cases, years – to get the support they’ve been promised to help them carry on. I’ve been pushing the Justice Department for years to process these claims more efficiently. Because public scrutiny seems to be the only thing that has motivated the department to get the job done on time, we are going to shine a bright and unyielding light on the backlog it has created.  Today’s passage moves this bill closer to the finish line for the families who have lost loved ones in the process of keeping our communities safe,” Grassley said.

“Our public safety officers know that death or serious injury is a real risk in their jobs, but they show up to work anyway, willing to sacrifice their life if that is what it takes to make their communities safe. When a first responder is tragically killed or disabled in the line of duty, we all have a responsibility to help take care of their surviving family members. Right now, however, the families of our fallen public safety officers can face years of delays to get their benefits. As the Public Safety Officers’ Benefits Improvement Act heads to the full Senate for a vote, I will continue urging my colleagues to pass this legislation – to make the current compensation system more transparent and more efficient for families to receive the compensation they deserve and need,” Gillibrand said.

The Public Safety Officers’ Benefits Act was signed into law in 1976 to provide death benefits to survivors of officers who die in the line of duty.  Over the years, the law has been amended to provide disability and education benefits, and to expand the pool of officers who are eligible for these benefits.  While the Justice Department has a goal of processing survivors claims within one year of the time they are filed, many families must wait long periods of time for their applications to be approved.  According to recent data, the Justice Department is failing to meet its 1-year deadline in 58 percent of the 738 pending death benefit cases. Currently, 175 death and disability claims filed on behalf of officers who lost their lives as a result of the September 11, 2001, response efforts remain unresolved.   

To address the backlog, the bill expands public oversight of the Public Safety Officers’ Benefits program by permanently increasing the level of transparency regarding wait times for benefits applications.  Specifically, the bill:
•    requires the Justice Department to post on its website, weekly status updates for all pending claims;
•    requires the Justice Department to report to Congress other aggregate statistics regarding these claims, twice a year;
•    allows the Justice Department to rely on other federal regulatory standards; and
•    allows for the Justice Department to give substantial weight to findings of fact of state, local, and other federal agencies.  

The bill that was reported by the Judiciary Committee today included an amendment requiring the Justice Department to demonstrate clear and convincing evidence that an officer was negligent or engaged in misconduct at the time of his or her death or injury before denying a claim on those grounds. Other amendments that were included require the Justice Department to utilize all of its investigative authorities before rejecting claims based on a lack of information, and ensure remedies for claimants who age out of eligibility for education benefits because of the department’s own delays in processing their claims.  Finally, an amendment incorporated in the bill applies the bill’s provisions to all claims that are pending at the time of the bill’s enactment.

In April, the Senate Judiciary Committee held a hearing to shed light on the length of time it takes the Justice Department to consider death benefit claims from the families of fallen public safety officers.  At the hearing, Jay Langenbau of Northwood, Iowa, testified that his family had yet to receive benefits following the death of his wife, Shelly, in 2013.  Two days following Langenbau’s public testimony, the Justice Department finally approved his benefits application. 

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