[Congressional Record Volume 142, Number 121 (Friday, September 6, 1996)]
[Senate]
[Pages S10025-S10026]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          ALU/O'HARA AMENDMENT

  Mr. GRAHAM. Mr. President, I want to begin my statement by 
congratulating two heroes--heroes of south Florida and heroes of our 
Nation--officers Joseph Alu and James O'Hara, former members of the 
city of Plantation police department.
  On October 3 of this year, these two men will be honored by the 
National Association of Police Organizations, when they receive the Top 
Cops Award--an honor given to a select group of officers who display 
exceptional courage and bravery in the face of danger.
  Mr. President, we in Florida are quite proud to have citizens like 
Officers Alu and O'Hara living among us, not just for the courage they 
displayed while in the line of duty, but also for the courage and 
perseverance displayed after the tragic incident which occurred on July 
24, 1995.
  Mr. President, let me briefly recount the tragic events of July 24, 
1995. While on duty, Officer Joseph Alu and Detective James O'Hara, 
were called to what turned out to be an emergency hostage situation. 
When the officers had arrived at the scene--they found that an 
assailant had cordoned himself off in a bedroom of a house and had 
taken two teenaged girls hostage.
  The officers broke down the bedroom door, only to discover that the 
assailant had doused himself, the hostages, and the entire room in 
gasoline. At that moment, the assailant dropped a lighter on the floor, 
setting the room ablaze, killing himself and the two hostages.
  Officers Alu and O'Hara were critically wounded--receiving severe 
burns over most of their bodies. Both officers remained in the hospital 
for the better part of a year fighting for their survival. Officer 
O'Hara was so badly burned that while he struggled for his life in the 
intensive care unit for over 6 months, his wife was told to expect and 
prepare for his imminent death.
  Miraculously, Officer Alu and Officer O'Hara survived. But, while 
still in the hospital, the officers were notified that since they 
wouldn't be physically able to return to work they and their families 
would lose their health insurance benefits.
  Imagine fighting for your life in a hospital, in excruciating pain, 
knowing that your family is going to be left unprotected. When these 
heroes returned home, that's exactly what they found: no job, 
disability payments of approximately $1,200 a month, prohibitively 
expensive COBRA insurance which would run out in 18 months, and no 
private health insurance for them and their families.
  For over 5 months, Officer Alu's wife, Sheila, stayed home to care 
for her husband during his rehabilitation, herself unable to work to 
bring in badly needed extra income. Further complicating their 
situation was their 5-year-old daughter, Christina, who was battling 
chronic asthma without health insurance.

[[Page S10026]]

  Detective O'Hara's family was in a similar situation. In fact, his 
wife still must care for his everyday needs almost 14 months after the 
incident.
  But instead of giving up hope, Officers Alu and O'Hara fought hard. 
They brought their case to the Florida Legislature. Mr. President, they 
won.
  The legislature, with a Republican senate and a Democratic house, 
unanimously passed this legislation at the State level--requiring that 
localities continue whatever health insurance benefits the officer had 
prior to the injury after the injury when they are no longer able to 
return to work.
  Mr. President, although they have won personal victories, Officers 
Alu and O'Hara have continued their fight--taking their case to 
Congress--and asking us to make sure that other officers not go through 
the same pain, uncertainty, and feelings of shame when they were unable 
to provide for their families.
  Across the Nation, unlike veterans who have risked their lives to 
protect our national security, those who protect our homes and streets 
have their insurance canceled by municipalities or States when they can 
no longer return to work.
  Mr. President, the House of Representatives has already passed the 
Alu-O'Hara amendment--unanimously, I might add--to the Commerce, State, 
Justice appropriations bill which would prevent this injustice from 
happening to any other officer again.
  I have introduced identical legislation in the Senate. It is my hope 
that the Senate Appropriations Committee will simply maintain the 
House-passed Alu-O'Hara provision in the Senate bill.
  Mr. President, I ask unanimous consent that at the conclusion of my 
remarks, the amendment that it is my hope will be maintained, which has 
been adopted by the House of Representatives, be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. GRAHAM. Mr. President, if this amendment should not be adopted by 
the Senate Appropriations Committee, I announce that it is my intention 
to offer this as an amendment when we consider the Commerce, State, 
Justice bill, hopefully next week.
  The Alu-O'Hara bill, endorsed by all major police and firefighter 
organizations, would create a safety net for injured officers by 
requiring municipalities that receive Federal crime dollars to continue 
to maintain the same level of benefits that an officer had prior to 
being injured in the line of duty.
  If a locality chooses not to offer health insurance to these public 
safety officers, it would only be able to receive 90 percent of its 
full complement of community-oriented policing services funding.
  Mr. President, the scope of this bill is extremely narrow. It would 
apply only to a handful of public safety officers, estimated at 
approximately 100 nationwide per year. And it is not costly. CBO has 
already stated that this bill is not an unfunded mandate.
  In fact, the city of Lauderhill, FL, where Officers Alu and O'Hara 
reside, added expanded insurance coverage to cover all of its municipal 
employees, not just public safety officers, at no extra cost to the 
city.
  Even though the Alu-O'Hara amendment is inexpensive, its message is 
unmistakably clear.
  We need laws which protect our valiant men and women on the 
frontlines. When they go down in the line of duty protecting us, we 
have a corresponding duty to care for them.
  Mr. President, this amendment would provide only the most basic 
package of benefits. It does not grant any enhanced or increased 
benefits over what the officer had at the time of the injury.
  The bill requires State and local governments to offer only the 
minimum level of health insurance necessary to maintain the health 
coverage the officer had prior to the disabling injury.
  For instance, if an officer or firefighter did not have family 
coverage prior to the injury, he would not be entitled to family 
coverage after the injury.
  Mr. President, I am proud of my State of Florida. But it should not 
take a terrible incident like this to make sure that our public safety 
officers are protected. We can prevent this situation from ever 
happening to officers like Alu and O'Hara by making sure that we 
maintain the Alu-O'Hara provision in the Commerce, State, Justice bill, 
and can do so in a proudly bipartisan fashion.
  Mr. President, allow me to conclude by commending both Officer Alu 
and Detective O'Hara and their families for their bravery, sacrifice, 
and dedication to public service. Without their perseverance we 
wouldn't be here today discussing this most critical issue. I know that 
police officers and firefighters across the Nation share my gratitude 
for their courage and selflessness.
  Mr. President, in passing this bill, we will honor our commitment to 
all of our public safety officers: to protect and care for them after 
they have done so much to protect and care for us.
  Mr. President, thank you.

                               Exhibit 1

       At the end of the bill, insert after the last section 
     (preceding the short title) the following new section:
       Sec.   . Of the funds appropriated in this Act under the 
     heading ``OFFICE OF JUSTICE PROGRAMS--state and local law 
     enforcement assistance'', not more than ninety percent of the 
     amount to be awarded to an entity under part Q of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 shall 
     be made available to such an entity when it is made known to 
     the Federal official having authority to obligate or expend 
     such funds that the entity that employs a public safety 
     officer (as such term is defined in section 1204 of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968) 
     does not provide such a public safety officer who retires or 
     is separated from service due to injury suffered as the 
     direct and proximate result of a personal injury sustained in 
     the line of duty while responding to an emergency situation 
     or a hot pursuit (as such terms are defined by State law) 
     with the same or better level of health insurance benefits 
     that are paid by the entity at the time of retirement or 
     separation.

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