PAX Centurion - Fall 2016

Page 60 • PAX CENTURION • Fall 2016 617-989-BPPA (2772) The Washington Report NEWS FROM THE NATIONAL ASSOCIATION OF POLICE OFFICERS • AUGUST 31, 2016 NAPO Attends PSOB Stakeholder Meeting: Program Updates and New Proposed Regulations O nAugust 22nd, NAPO participated in the PSOB stakeholder committee meeting which focused on the two new proposed rules that were recently issued by PSOB Office. The first rule that came out on July 15th formalizes and puts into regulations the PSOB Office’s process for determining 9/11-related health claims and makes changes to how the Office determines Hometown Heroes (heart attack, stroke and vascular rupture) cases. The second rule, published onAugust 22nd, makes numerous changes to the Program, many of which NAPO has spent years fighting to get implemented. The first rule states that the PSOB Office will work collaboratively with theWorld Trade Center Health Program (WTCHP) and the Victims Compensation Fund (VCF), enacted by the James Zadroga 9/11 Health and CompensationAct of 2010, to determine PSOB 9/11 exposure claims based on theWTCHP medical certifications andVCF determinations. By relying on the determinations of the WTCHP and the VCF, the PSOB Office states that it will be able to process a significant number of 9/11 related claims. As of the meeting, the Office has approved 37 claims since implementing this policy at the beginning of April. Further, for those 9/11-related claims that do not have aWTCHP or VCF certification, the PSOB Office is adopting the methodology established by theWTCHP and the VCF to determine claims, including recognizing the List of WTC-related health conditions. NAPO appreciates that the PSOB Office is finally acting on these claims using accepted and respected methodology; however, we have some concerns with aspects of the rule. Particularly, we are concerned with how it will interact with the PSOB rule that all cases have to be filed within three years of the death or injury date unless “good cause” is shown. With this year being the 15th anniversary of the 9/11 attacks, we are concerned that many 9/11-related claims will not be considered due to the amount of time that has passed. NAPO will be submitting comments on the proposed rule and we will be insisting that the PSOB have a grace period for “old cases” to be filed. As for how the PSOB Office is determining Hometown Heroes claims, the proposed rule simplifies how the PSOB Office will establish whether the officer’s heart attack, stroke or vascular rupture was a direct result of his or her engagement or participation in non-routine stressful or strenuous physical line-of-duty activity. The second rule will make many changes to the program, including a significant change that will move it closer to being a presumptive benefit program. Amongst other things, it will change from “clear and convincing” to “more likely than not” the standard of proof required to establish (1) an officer was injured because of his or her status as a public safety officer, (2) total and permanent disability, and (3) parent-child relationship for purposes of the education benefit. It will expand the definitions of “line of duty activity or action” and “official capacity” to include a public safety officer’s actions to save human life in certain limited circumstances but without regard to jurisdiction. Also, it will revise the definition of “totally disabled” and related provisions to address circumstances when a claimant performs work that is compensated but not substantial. NAPO is still considering the rule and will be submitting comments on the proposed program changes. After years of frustration with the PSOB Program, we are glad to see that the program’s leadership have been listening to us and have addressed many of our long-held concerns in this second proposed rule. We consider these changes a big victory for NAPO and rank-and-file officers across the nation. In addition to reviewing the proposed rules, the PSOB Office announced the latest numbers of backlogged cases. As of August 1st, there are 772 active death and disability cases (603 death and 169 disability), 124 cases at the hearing officer appeals level, and 43 cases being appealed to the director of the Bureau for JusticeAssistance, for a total of 939 cases. The PSOB Office intends to post this data on the website monthly. These numbers are only down slightly from the 1,049 cases backlogged in November 2015. NAPO is hopeful that the changes being proposed in the two new rules, as well as our proposed changes in the PSOB Improvement Act, will help the PSOB Office continue to chip away and eventually eliminate the case backlog. There will be another stakeholder committee meeting mid-September for stakeholders to walk through their comments and concerns with the two proposed rules. NAPO will share our comments on the two proposed rules with our members. If you have any questions about either proposed rule or the PSOB program in general, please contact Andy Edmiston at aedmiston@napo.org . NAPO on the Hill: Meetings with Senate Armed Services Committee on 1033 Program O nAugust 24th, NAPO met with staff of SenateArmed Services Committee Chairman John McCain (R-AZ) to discuss our asks pertaining to the Department of Defense 1033 Program in the Fiscal 2017 National DefenseAuthorization Act (NDAA). The House and Senate have each passed their own versions of theAct and have been negotiating a compromise bill throughout the summer. NAPO, together with other national law enforcement organizations, is urging negotiators to lay the ground work for rescinding the Executive Order. During consideration of the bill in the Senate, Senator James Inhofe offered an amendment, which NAPO endorsed, that would have rescinded Executive Order 13688 and return control of the 1033 Program to the Secretary of Defense and Congress. Despite Senator Inhofe’s extraordinary efforts, which we greatly appreciate, this amendment was rejected by a tie vote. Because this amendment failed, we are unable to revoke the Executive Order in the NDAA, but we can make certain there is support for law enforcement’s access to surplus military equipment. Chairman McCain’s staff indicated that protecting law enforcement’s access to this lifesaving equipment is a priority for him in negotiations. He also stated he supports the NAPO-endorsed provision included in the House version of the National Defense AuthorizationAct (NDAA) – that would restore state and local law enforcement’s access to such equipment for border protection. It was a very productive meeting and NAPO will continue meeting with leadership and members of the House and SenateArmed Services Committees throughout the rest of the negation process to make certain that the officers we represent regain access to the lifesaving gear they need to defend themselves and the civilians they are sworn to protect. Please see the joint law enforcement letter below to the leadership of the House and SenateArmed Services Committees.