Relief for Families of the Fallen Act
A BILL
To amend the Internal Revenue Code of 1986 to provide tax relief to the families of public safety officers who died as a result of injuries sustained in the line of duty.
Sec. 2 Tax relief for families of public safety officers who died as a result of injuries sustained in the line of duty
“(e) Public safety officers dying as a result of injuries sustained in the line of duty
“(1) In general—In the case of any public safety officer who dies as the direct and proximate result of a personal injury sustained in the line of duty, any tax imposed by this subtitle shall not apply—
“(A) with respect to the taxable year in which falls the date of the death of such public safety officer, and
“(B) with respect to any prior taxable year in the period beginning with the last taxable year ending before the taxable year in which the relevant personal injury was sustained in the line of duty.
“(2) Determination
“(A) In general—For purposes of determining whether a public safety officer died as the direct and proximate result of a personal injury sustained in the line of duty, the Secretary shall, to the extent practicable, use the same criteria used when determining whether a public safety officer died as the direct and proximate result of a personal injury sustained in the line of duty for purposes of payment of a benefit under section 1201(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(a)).
“(B) Additional requirements—For purposes of making determinations described in subparagraph (A), the Secretary shall ensure that such determinations are—
“(i) made as expeditiously as possible, and
“(ii) to the maximum extent practicable, made in a manner which minimizes any administrative burdens placed on the family members or legal representatives of deceased public safety officers who have made a claim for the application of paragraph (1) with respect to any taxable year.
“(C) Rule of construction—Nothing in this subsection shall be construed to require that any determination be made with respect to payment of a benefit under section 1201(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(a)) for purposes of the application of this subsection.
“(3) Public safety officer—For purposes of this subsection, the term public safety officer has the same meaning given such term under section 1206 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284).”