[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.
____________________