[Congressional Record Volume 142, Number 135 (Thursday, September 26, 1996)]
[House]
[Pages H11247-H11248]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       FEDERAL LAW ENFORCEMENT DEPENDENTS ASSISTANCE ACT OF 1996

  Mr. McCOLLUM. Mr. Speaker, I ask unanimous consent that the Committee 
on the Judiciary be discharged from further consideration of the Senate 
bill (S. 2101) to provide educational assistance to the dependents of 
Federal law enforcement officials who are killed or disabled in the 
performance of their duties, and ask for its immediate consideration.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there any objection to the request of the 
gentleman from Florida?
  Ms. JACKSON-LEE of Texas. Mr. Speaker, reserving the right to object, 
and I shall not object, will the gentleman from Florida [Mr. McCollum] 
explain the purpose of the request?
  Mr. McCOLLUM. Mr. Speaker, will the gentlewoman yield?
  Ms. JACKSON-LEE of Texas. I yield to the gentleman from Florida.
  Mr. McCOLLUM. Mr. Speaker, this bill provides educational assistance 
to spouses and children of officers who have been killed or disabled in 
the line of duty; that is law enforcement officers.
  This legislation is an attempt to give some measure of comfort to 
Federal law enforcement officers so they can know that if they are 
killed while in the line of duty they will not have failed in the duty 
to their family.
  This legislation is limited to any child under the age of 27, and 
dependents can only receive educational benefits for up to 45 months. 
The process under this bill is simple. A dependent submits an 
application to the Attorney General and, subject to regulations 
promulgated by the Attorney General, a dependent is notified whether or 
not he or she is eligible.
  Many States already provide these benefits to law enforcement 
officers, and this bill extends the same protections to Federal law 
enforcement officers and their families.
  That is the entire essence of it, and I do not think it is 
controversial in any way.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the gentleman for his 
explanation and I recognize that this supports our Federal agents who 
have died in the line of duty, and that this protects their family and 
gives them additional opportunity for education.
  Mr. STUDDS. Mr. Speaker, 4 years ago, on August 21, 1992, Deputy 
United States Marshal William F. Degan lost his life in the performance 
of his duty during the violent confrontation at Ruby Ridge, ID, between 
Federal marshals and white separatist Randy Weaver.
  While many intervening tragedies have since captured the public's 
attentions, Bill is well remembered in his hometown of Quincy, 
Massachusetts, as a patriot who responded to the call of duty, and a 
husband and father devoted to the family he left behind.
  It is in recognition of his supreme sacrifice that I joined with 
Senator Specter and Congressman Fox in introducing this important bill, 
which will provide educational assistance to the dependents of Federal 
law enforcement officials who are killed or disabled in the performance 
of their duties.
  Years ago, the Congress established an educational assistance program 
for the survivors and dependents of members of the armed forces who are 
killed or disabled in the line of duty. Surely the brave men and women 
who put their lives on the line to ensure our domestic tranquility 
deserve no less.
  This legislation will ensure that Bill Degan's sons, William Jr. and 
Brian, and others in their situation, are able to afford the kind of 
education their parents would have wanted them to have. It will be a 
fitting tribute to a man who did so much to make our country a better 
and safer place in which to live.
  Mr. Speaker, thanks are in order to many people who have made it 
possible for this bill to reach the floor: to the chairman and ranking 
member of the committee and the subcommittee; to the gentleman from 
Pennsylvania, Mr. Fox; to Senator Specter and his Senate cosponsors; 
and to the entire Massachusetts delegation for their cosponsorship of 
this legislation;
  To President Clinton, who has indicated his support for the bill and 
has always shown such concern for the safety and well-being of those 
whom it will benefit; and
  To the men and women of the U.S. marshals service and their 
colleagues throughout the law enforcement community, who have

[[Page H11248]]

joined us in working for this legislation and who continue to exhibit 
the courage and selflessness that Bill Degan so exemplified.
  Finally, Mr. Speaker, I wish to pay tribute to Karen Degan, who has 
shown such dignity and courage in the face of tragedy and loss, and has 
done so much to honor Bill's memory and enrich his legacy.
  I urge support for the bill and yield back the balance of my time.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I withdraw my reservation of 
objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                S. 2101

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Law Enforcement 
     Dependents Assistance Act of 1996''.

     SEC. 2. EDUCATIONAL ASSISTANCE TO DEPENDENTS OF SLAIN FEDERAL 
                   LAW ENFORCEMENT OFFICERS.

       Part L of title in of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended by--
       (1) inserting after the heading the following: ``Subpart 
     1--Death Benefits''; and
       (2) adding at the end the following:
     ``Subpart 2--Educational Educational Assistance to Dependents 
         of Slain Federal Law Enforcement Officers Killed or 
         Disabled in the Line of Duty

     ``SEC. 1211. PURPOSES.

       ``The purposes of this subpart are--
       ``(1) to enhance the appeal of service in civilian Federal 
     law enforcement agencies;
       ``(2) to extend the benefits of higher education to 
     qualified and deserving persons who, by virtue of the death 
     of or total disability of an eligible officer, may not be 
     able to afford it otherwise; and
       ``(3) to allow the family members of eligible officers to 
     attain the vocational and educational status which they would 
     have attained had a parent or spouse not been killed or 
     disabled in the line of duty.

     ``SEC. 1212. BASIC ELIGIBILITY.

       ``(a) Benefits.--(1) Subject to the availability of 
     appropriations, the Attorney General shall provide financial 
     assistance to a dependent who attends a program of education 
     and is--
       ``(A) the child of any eligible Federal law enforcement 
     officer under subpart 1; or
       ``(B) the spouse of an officer described in subparagraph 
     (A) at the time of the officer's death or on the date of a 
     totally and permanently disabling injury.
       ``(2) Financial assistance under this subpart shall consist 
     of direct payments to an eligible dependent and shall be 
     computed on the basis set forth in section 3532 of title 38, 
     United States Code.
       ``(b) Duration of Benefits.--No dependent shall receive 
     assistance under this subpart for a period in excess of 
     forty-five months of full-time education or training or a 
     proportional period of time for a part-time program.
       ``(c) Age Limitation for Dependent Children.--No dependent 
     child shall be eligible for assistance under this subpart 
     after the child's 27th birthday absent a finding by the 
     Attorney General of extraordinary circumstances precluding 
     the child from pursuing a program of education.

     ``SEC. 1213. APPLICATIONS; APPROVAL.

       ``(a) Application.--A person seeking assistance under this 
     subpart shall submit an application to the Attorney General 
     in such form and containing such information as the Attorney 
     General reasonably may require.
       ``(b) Approval.--The Attorney General shall approve an 
     application for assistance under this usbpart unless the 
     Attorney General finds that--
       ``(1) the dependent is not eligible for, is no longer 
     eligible for, or is not entitled to the assistance for which 
     application is made;
       ``(2) the dependent's selected educational institution 
     fails to meet a requirement under this subpart for 
     eligibility;
       ``(3) the dependent's enrollment in or pursuit of the 
     educational program selected would fail to meet the criteria 
     established in this subpart for programs; or
       ``(4) the dependent already is qualified by previous 
     education or training for the educational, professional, or 
     vocational objective for which the educational program is 
     offered.
       ``(c) Notification.--The Attorney General shall notify a 
     dependent applying for assistance nuder this subpart of 
     approval or disapproval of the application in writing.

     ``SEC 1214. REGULATIONS.

       The Attorney General may promulgate reasonable and 
     necessary regulations to implement this subpart.

     ``SEC. 1215. DISCONTINUATION FOR UNSATISFACTORY CONDUCT OR 
                   PROGRESS.

       ``The Attorney General may discontinue assistance under 
     this subpart when the Attorney General finds that, according 
     to the regularly prescribed standards and practices of the 
     educational institution, the recipient fails to maintain 
     satisfactory progress as described in section 484(c) of the 
     Higher Education Act of 1965 (20 U.S.C. 1091(c)).

     ``SEC. 1216. SPECIAL RULE.

       ``(a) Retroactive Eligibility.--Notwithstanding any other 
     provision of law, each dependent of a Federal law enforcement 
     officer killed in the line of duty on or after May 1, 1992, 
     shall be eligible for assistance under this subpart, subject 
     to the other limitations of this subpart.
       ``(b) Retroactive Assistance.--The Attorney General may 
     provide retroactive assistance to dependents eligible under 
     this section for each month in which the dependent pursued a 
     program of education at an eligible education institution. 
     The Attorney General shall apply the limitations contained in 
     this subpart to retroactive assistance.
       ``(c) Prospective Assistance.--The Attorney General may 
     provide prospective assistance to dependents eligible under 
     this section on the same basis as assistance to dependents 
     otherwise eligible. In applying the limitations on assistance 
     under this subpart, the Attorney General shall include 
     assistance provided retroactively. A dependent eligible under 
     this section may waive retroactive assistance and apply only 
     for prospective assistance on the same basis as dependents 
     otherwise eligible.

     ``SEC. 1217. DEFINITIONS.

       ``For purposes of this subpart:
       ``(1) The term `Attorney General' means the Attorney 
     General of the United States.
       ``(2) The term `Federal law enforcement officer' has the 
     same meaning as under subpart 1.
       ``(3) The term `program of education' means any curriculum 
     or any combination of unit courses or subjects pursued at an 
     eligible education institution, which generally is accepted 
     as necessary to fulfill requirements for the attainment of a 
     predetermined and identified educational, professional, or 
     vocational objective. It includes course work for the 
     attainment of more than one objective if in addition to the 
     previous requirements, all the objectives generally are 
     recognized as reasonably related to a single career field.
       ``(4) The term `eligible educational institution' means an 
     institution which--
       ``(A) is described in section 481 of the Higher Education 
     Act of 1965 (20 U.S.C. 1088), as in effect on the date of the 
     enactment of this section; and
       ``(B) is eligible to participate in programs under title IV 
     of such Act.

     ``SEC. 1218. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart such sums as may be necessary.''.

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

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