Officer John Barnes and Chief Michael Ansbro Public Safety Officers' Benefit Program Expansion Act of 2026
S.3897 (119th Congress) | Introduced Feb 24, 2026
Jurisdiction: United States Senate
Purpose
- To revise administrative procedures for administering public safety officers’ death and disability benefits and to expand and clarify certain aspects of the Public Safety Officers’ Benefits (PSOB) program under the Omnibus Crime Control and Safe Streets Act of 1968 (Title I, Part L).
Key Provisions and Changes
1) Eligibility Determination Improvements (Section 2)
- Adds new factors to consider when evaluating delay in handling a PSOB claim, including whether delay stems from claimant inaction or failure of a required agency to cooperate.
- Establishes a formal notice framework and interim benefits to speed financial support:
- Notice of Missing Information: Bureau must notify claimant/agency of missing information within 90 days of receiving a claim.
- Notice of Determination: Within 270 days of receiving a complete claim, the Bureau must inform the claimant of the determination.
- Interim Benefits: If no determination is made within 270 days after a complete claim, the Bureau must pay a single interim benefit (until final determination). Interim benefits:
- Are payable to undisputed eligible beneficiaries, or into escrow/ fiduciary accounts if eligibility remains unresolved.
- Are credited against final benefits and generally not recoverable except in cases of fraud or material misrepresentation.
- Do not create an entitlement for claimants if ultimately found ineligible.
- No limiting effect on the Bureau’s authority to deny claims or on final beneficiary determinations.
- A rule of construction clarifies interim benefits do not obligate payments to multiple claimants where the statute authorizes only one or more mutually exclusive beneficiaries.
2) Outreach and Oversight (Section 2)
- Requires ongoing outreach to inform public safety officers and under-served agencies about the PSOB program, including disabled officers.
- Mandates regular communications with national public safety organizations, agencies, and groups supporting disabled officers and families of fallen officers.
3) Backlog Transparency and Audits (Section 2)
- Summary of Backlogged Claims: The Bureau must provide a backlog summary to the Judiciary Committees within 30 days of report publication.
- GAO Audit: Annual Comptroller General audit targets pending claims filed more than one year before the audit. The audit investigates:
- Status and reasons for delays in determinations.
- Use of subpoena authority.
- Outreach effectiveness and claims assistance.
- Implementation of a claims processing manual to ensure consistency.
4) Expanded Subpoena Authority (Section 2)
- Modernizes subpoena provisions to require public agencies to produce necessary information/documentation within 30 days, with extensions up to 60 days.
5) Definitions and Technical Clarifications (Section 2)
- Expands definitions for “complete claim,” “gainful work,” and other terms to reflect expanded eligibility criteria and public safety officer circumstances.
- Adjusts internal cross-references and terminology to accommodate these changes.
6) Benefits for Permanent and Partial Disability (Section 3)
- Introduces a new subsection (c) for a permanent but partial disability scenario where a public safety officer cannot continue any gainful work as a public safety officer.
- Benefit is payable at half of the amount that would have been payable for a full disability, adjusted for changes since the injury date.
- If disability progresses to permanent and total within three years, the officer may apply for the full permanent/total benefit; the agency must pay the higher of the two amounts, with appropriate offset against any benefitted amount under the partial disability provision.
- If death occurs as a direct result of the same injury after benefits were paid, the death benefit is reduced by any prior benefits paid under this subsection.
- Interim payments may be available prior to final action (up to $6,000, adjustable).
- Clarifies that these provisions do not diminish the availability of full benefits under subsections (a) or (b) and do not apply to temporary disabilities.
7) Implementation and Conforming Amendments (Section 3)
- Makes parallel conforming changes across the PSO framework to ensure consistency with the new disability provisions.
- Updates cross-references to align with the expanded definitions and program structure.
- Adjusts related sections in public safety acts and statutes to reflect the new subsections and terminology.
8) Expedited Payment for VCF/WTCHP Determinations (Section 4)
- When determining PSOB benefits, the Bureau should, absent clear evidence to the contrary, approve a claim if a VCF (Victim Compensation Fund) or World Trade Center Health Program certification indicates the claim is eligible for death benefits or is related to WTC health conditions.
9) Implementation of GAO Recommendations (Section 5)
- Requires the Attorney General to ensure the Director of the Bureau of Justice Assistance implements GAO recommendations from GAO-24-105549 (Sept 27, 2024) within 180 days of enactment.
10) Educational Benefits (Section 6)
- States that nothing in the Act expands or alters dependent education benefits under the PSOB program.
Sponsors and Support
- Primary Sponsors: Senator Kirsten Gillibrand (D-NY) with co-sponsors including Senators Jeanne Shaheen (D-NH), Chris Coons (D-DE), Ted Cruz (R-TX).
- The bill is titled to honor Officer John Barnes and Chief Michael Ansbro, signaling intent to expand and modernize PSOB procedures.
Potential Impact
For Public Safety Officers and Families:
- Faster provisional support via interim benefits and earlier notification on application status.
- Expanded access to benefits for permanent and partial disability, with structured progression to full benefits if disability worsens.
- Greater outreach and information access to ensure eligible officers and families understand and can access benefits.
For Agencies and Claim Processing:
- Stronger accountability and a formal subpoena mechanism to obtain necessary documentation.
- Clear timelines to reduce processing delays.
- Enhanced claims processing consistency through a centralized manual and regular GAO-sanctioned oversight.
Oversight and Accountability:
- Regular backlog reporting to Congress.
- Annual GAO audits focused on processing delays, outreach effectiveness, and program management.
Notes
- The bill does not expand dependents’ education benefits.
- Provisions incorporate executive-branch regulatory processes (regulations under the PSOB program) and cross-references to related federal statutes and amendments.
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