Congressional Record, Volume 144 Issue 142 (Saturday, October 10, 1998)

[Congressional Record Volume 144, Number 142 (Saturday, October 10, 1998)]
[House]
[Pages H10459-H10461]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

POLICE, FIRE, AND EMERGENCY OFFICERS EDUCATIONAL ASSISTANCE ACT OF 1998

Mr. COBLE. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3046) to provide financial assistance for higher education to the
dependents of Federal, State, and local public safety officers who are
killed or permanently and totally disabled as the result of a traumatic
injury sustained in the line of duty, as amended.
The Clerk read as follows:

H.R. 3046

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 ``Police, Fire, and Emergency
Officers Educational Assistance Act of 1998''.

SEC. 2. FINANCIAL ASSISTANCE FOR HIGHER EDUCATION TO
DEPENDENTS OF PUBLIC SAFETY OFFICERS KILLED OR
PERMANENTLY AND TOTALLY DISABLED IN THE LINE OF
DUTY.

Part L of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796 et seq.) is amended--
(1) in the heading for subpart 2, by striking ``Civilian
Federal Law Enforcement'' and inserting ``Public Safety'';
(2) in section 1211(1), by striking ``civilian Federal law
enforcement'' and inserting ``public safety'';
(3) in section 1212(a)--
(A) in paragraph (1)(A), by striking ``Federal law
enforcement'' and inserting ``public safety'';
(B) in paragraph (2), by striking ``Financial'' and
inserting the following: ``Except as provided in paragraph
(3), financial''; and
(C) by adding at the end the following:
``(3) The financial assistance referred to in paragraph (2)
shall be reduced by the sum of--
``(A) the amount of educational assistance benefits from
other Federal, State, or local governmental sources to which
the eligible dependent would otherwise be entitled to
receive; and
``(B) the amount, if any, determined under section
1214(b).'';
(4) in section 1214--
(A) by inserting ``(a) In General.--'' before ``The''; and
(B) by adding at the end the following:
``(b) Sliding Scale.--Notwithstanding section 1213(b), the
Attorney General shall issue regulations regarding the use of
a sliding scale based on financial need to ensure that an
eligible dependent who is in financial need receives priority
in receiving funds under this subpart.'';
(5) in section 1216(a), by inserting ``and each dependent
of a public safety officer killed in the line of duty on or
after October 1, 1997,'' after ``1992,''; and
(6) in section 1217--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
North Carolina (Mr. Coble) and the gentleman from Florida (Mr.
Hastings) each will control 20 minutes.
The Chair recognizes the gentleman from North Carolina (Mr. Coble).

General Leave

Mr. COBLE. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks on the
bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from North Carolina?
There was no objection.
Mr. COBLE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, as we were all so painfully reminded this past July,
law enforcement officers are at risk for serious injury or loss of life
every time they don their uniform.
The United States Capitol serves as an international symbol for peace
and justice, and yet on July 24 this year a violent and angry gunman
shattered that image and took the lives of two heroic and dedicated
police officers. It is a national tragedy, but the sacrifices made by
Officers Gibson and Chestnut were not the first and will not be the
last.
Even as we work to further secure the lives of our law enforcement
officers, we can and must seek out new ways in which to express our
gratitude. This legislation provides such an opportunity. Nationwide,
police departments offer emotional, spiritual and financial support to
spouses and children of deceased officers.
The Federal Government, too, offers several benefits and assistance
programs. For example, the program we are amending today as a result of
a bill we passed in the last Congress provides educational assistance
to dependents of Federal officers who are permanently disabled or
killed in the line of duty.
H.R. 3046, the Police, Fire and Emergency Officers Act of 1998,
extends the Federal educational assistance benefits to dependents of
State and local law enforcement officers killed or permanently injured
in the line of duty. Thankfully, there is a small number of persons who
are eligible under the program at the Federal law enforcement level.
The Bureau of Justice Assistance, within the Department of Justice,
anticipates that additional funding for other public safety officers'
dependents should not pose any new financial changes.
Specifically, the costs to Federal law enforcement dependents
assistance program are estimated to be $515,000 in 1998, including the
estimated number of new survivors. That number includes, Madam Speaker,
$182,000 for 30 Federal survivors, plus $333,000 for an estimated 55
new survivors under the extension this legislation proposes.
Madam Speaker, this legislation can have an enormous impact on the
quality of life for a child whose mother or father may have died while
in service to the public. The Congress should pass this legislation as
an expression of thanks to those public safety officers who have given
their lives for the good of our citizenry.

{time} 1700

Madam Speaker, I reserve the balance of my time.
Mr. HASTINGS of Florida. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I rise in strong support of H.R. 3046, the Federal Law
Enforcement Dependents Assistance program, an important change in
Federal law that we should all be focused on today and proud to see
enacted into law.
I know that the ranking member, the gentleman from Michigan (Mr.
Conyers), the gentleman from North Carolina (Mr. Coble), the gentleman
from Pennsylvania (Mr. Fox), the gentleman from Hawaii (Mr.
Abercrombie) and other Members who are cosponsors originally of this
matter stand proud for its coming forward today.
This legislation, spearheaded by the gentleman from Florida (Mr.
McCollum), my colleague, of the Subcommittee on Crime, would amend the
law to extend Federal educational assistance benefits to dependents of
State and local law enforcement officials killed in the line of duty.
We can all hope that the number of eligible beneficiaries of this
change will, one day, be zero. But sadly, that will probably not be the
case. It is the least that we can do to say to law enforcement
officers, Federal and State who give their lives in the line of duty,
that we will help take care of their children.

[[Page H10460]]

This legislation comes too late for a police officer friend of mine
named Reuben in Miami, Florida, who will be buried on tomorrow. His
children, Rashedra, Jeanette and Shelton, would be beneficiaries that
if this law were retroactive it would benefit. I stand to memorialize
it in his name and the name of all officers that have died in the line
of duty who have preceded this particular legislation.
Madam Speaker, I urge my colleagues to support this important
legislation and enact it into law today.
Madam Speaker, I reserve the balance of my time.
Mr. COBLE. Madam Speaker, I am pleased to yield 3 minutes to the
gentleman from Pennsylvania (Mr. Fox).
Mr. FOX of Pennsylvania. Madam Speaker, I thank the gentleman for his
leadership in this regard and in all public safety matters, as well as
the gentleman from Florida (Mr. Hastings) for his assistance in this
regard, and our subcommittee chairman, the gentleman from Florida (Mr.
McCollum), for bringing us to this point.
I also want to make strong mention that on the Democratic side of the
aisle, the person who has led the leadership on this bill is the
gentleman from Hawaii (Mr. Abercrombie). We thank him for his efforts
in bringing this bill forward and making sure that it becomes a
reality.
As well, on this side of the aisle, the gentlewoman from New York
(Mrs. Kelly) has been steadfast in making sure that we brought this
bill to this point.
Also, in our efforts to bring it to reality, we have to thank the
gentleman from Michigan (Mr. Stupak) and the gentleman from Minnesota
(Mr. Ramstad), who chair the Law Enforcement Caucus, and who, working
together with the gentleman from Pennsylvania (Mr. Weldon), helped to
see its passage.
H.R. 3046, the Police, Fire and Emergency Officers Educational
Assistance Act, expands that bill of the Former Federal Legislation
Officers Assistance to one that will take care of State officials as
well.
As my colleagues know, the Degan Act, named for U.S. Deputy Marshal
Bill Degan who died in the Ruby Ridge shoot-out in 1992, was
legislation to bring about Federal assistance to the heirs and to the
survivors and children of Federal law enforcement officials.
Well, this Degan Act has been established within the Department of
Justice to provide educational assistance to the dependents of Federal
law enforcement officials killed or injured in the line of duty. I was
proud to work for the enactment of this legislation in the waning days
of the 104th Congress, which at that time, for my local circumstance,
Madam Speaker, recalls the importance of the FBI's Special Agent
Charles Reed from my district, who was the first Philadelphia-area FBI
officer ever killed; and it was inspirational for me to have that
Federal law originally passed to commemorate his outstanding work.
But this bill is both the local level and State level. As a former
Assistant DA, I know that police officers and firefighters lay their
lives down on a daily basis, and sadly, too often, many of them have
passed on, but at least their families should know that they have the
educational assistance which is so necessary.
In Charles Reed's situation, he was the 46th agent that died in the
line of duty, and he leaves behind his wife, Susan and three sons,
Joshua, 21, Todd, 18, and Kelley, 17.
The Department of Justice supports this bill and they currently have
the administrative mechanisms in place to expand it and to make sure
that it provides on the State level the same educational benefits we
have given to Federal officers.
I want to thank, besides Senator Specter who introduced the companion
bill, Paul McNolty from the Committee on the Judiciary staff and Brian
Tynan from my own staff as legislative director.
I strongly believe that this bill is the least we can do to support
the families of law enforcement and emergency officers that made the
highest sacrifice on our behalf. I believe this is a logical extension
to place this benefit on the State level as well as the Federal level.
So I urge my colleagues, Madam Speaker, to reach out to the families
of our fallen public safety officers, firefighters and police and pass
this important legislation.
Mr. HASTINGS of Florida. Madam Speaker, I yield such time as he may
consume to the distinguished gentleman from Hawaii (Mr. Abercrombie),
one of the hardest-working Members of the United States House of
Representatives.
Mr. ABERCROMBIE. Madam Speaker, first, may I express my gratitude to
the gentleman from Pennsylvania (Mr. Fox) for his leadership. I think
it is probably commonplace, Madam Speaker, that we extend gratitude to
one another on the floor and, on occasion, it may seem to be almost
perfunctory in nature. But as has been indicated by all of the speakers
to this point on this bill that we are dealing here with issues of life
and death. We are dealing with the most profound emotions, we are
dealing with points of finality that go beyond philosophy, rhetoric or
ideology.
In that context and speaking as one who has been an officer of the
court in my past professional life as a probation officer, having seen
daily what police officers and what firefighters go through in terms of
the anxiety brought to themselves and to their families, with the sure
knowledge each time that they go from their homes and families that
they face instances and circumstances, contexts and situations which
may require of them literally the ultimate sacrifice of their life.
Knowing that that is the milieu within which they conduct themselves,
we find ourselves, I think, often supposedly dealing with ultimate
things, if you will, and very heavy and profound matters at hand, but
none of us can place ourselves in that position, except possibly only
intellectually, until we recognize that this is something that is faced
every day, every hour that someone is on the job.
Madam Speaker, this bill, which was put forward by the gentleman from
Pennsylvania (Mr. Fox) and with the very able assistance of the
gentleman from Florida (Mr. McCollum), who has also been acknowledged
by the gentleman from Pennsylvania (Mr. Fox), as being crucial to
getting us to this point. This bill expands the Federal Law Enforcement
Dependent Assistance program to public safety officers. As has been
indicated, it was established in 1996, and there are now, as the
gentleman from North Carolina (Mr. Coble) indicated, some 30
individuals under the Federal law which are now benefiting.
It is an interesting word also, ``benefiting.'' This is a benefit
that is hardly sought by any of these individuals or these families,
and they all wish most deeply that they were not the recipients of what
otherwise is seen as a solicitous term, ``beneficiary.''
There are some 55 others now, because we are extending this to the
State and local level. We have talked often on this floor over the past
several years about trying to extend the opportunity to the local level
of decision-making. But as the gentleman from Pennsylvania (Mr. Fox)
indicated to me when we first began to talk about it, not every
jurisdiction has the financial means to enable them to see to the
education of the children of those who may have fallen in the line of
duty.
What we are trying to do here is kind of equalize, if you will, the
opportunity for us to show the gratitude that we all feel towards those
who have put their lives literally on the line for us. This bill then
provides a means to meet this vital need.
In effect, what happens is that it provides educational assistance to
the survivors of Federal law, that is to say the Federal law as it now
exists is extended to provide assistance to the children of those
killed or permanently and totally disabled in the line of duty. It was
created to help these dependents of those killed in the line of duty or
disabled to afford higher education, and it is, in fact, administered
by the Bureau of Justice Assistance within the Department of Justice.
We have worked very, very hard to see to it that this does not place
any financial burden, as such, or more than has already existed to this
point.

In Hawaii, we have had only three police officers killed in the line
of duty since 1991. We are fortunate that not more law enforcement
officers and others have been killed to this time. Other jurisdictions
have not been so lucky.

[[Page H10461]]

So then, Madam Speaker, my point is, in expressing my gratitude, that
this is not necessarily a noble goal, absent from a funding mechanism.
The changes made to the bill enable the program to be properly funded
so that children of fallen officers can receive higher education
assistance.
We can never compensate the children for the loss of a parent who
died in the line of duty. The least we can do is have a program in
place to assist them in meeting their educational goals.
I, too, then, in conclusion, would like to thank the staffs,
particularly those working with the gentleman from Pennsylvania (Mr.
Fox) in his office, Laura Gerum in my office who has done absolutely
superb work on this issue, unstinting in their dedication and focus. We
are very, very grateful to those who see us to this point today.
Madam Speaker, it but remains for me to thank all of those who will
be voting for this bill. I hope it will be unanimous by this body.
Mr. COBLE. Madam. Speaker, I have no additional requests for time.
Mr. HASTINGS of Florida. Madam Speaker, I yield back the balance of
my time.
Mrs. KELLY. Madam Speaker, I rise today to express my strong support
for H.R. 3046, which provides support to the family members of public
safety officers who are killed or disabled in the line of duty.
I would also like to commend Congress Fox for all of his hard work on
this critically important issue. This issue is a top priority of mine,
and I have worked hard to see that it is addressed by Congress this
year.
H.R. 3046 is very similar to H.R. 2088, a bill I sponsored this year
that was unanimously approved as part of H.R. 6 to establish a similar
system of financial support for these families.
Police officers and firefighters lay their lives on the line on a
daily basis, Madam Speaker, and sadly, all too often they make the
ultimate sacrifice in the service of their communities.
These are our friends, our neighbors, our loved ones, and they leave
behind families who must continue on. The death of a father or mother
takes an obvious emotional toll, but it also impacts the financial
security of the family, particularly when it comes to meeting
educational expenses.
This bill seeks to address this particular problem by authorizing the
Department of Justice to offer higher education assistance to the
families of State and local public safety officers killed or disabled
in the line of duty.
Last Congress, Congress adopted legislation to award education
assistance to family members of Federal law enforcement officers killed
in the line of duty. I was pleased to support that legislation, which
passed both the House and Senate by voice votes.
I am proud to support H.R. 3046, which takes the next logical step
and extends this benefit to the families of all public safety officers
who are killed while serving their communities.
Our public safety officers deserve our respect, gratitude and
support. I urge my colleagues to join me in support of this important
legislation.
Mr. COBLE. Madam Speaker, I too yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from North Carolina (Mr. Coble) that the House suspend the
rules and pass the bill, H.R. 3046, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
Mr. COBLE. Madam Speaker, I ask unanimous consent that the Committee
on the Judiciary be discharged from the further consideration of the
Senate bill (S. 1525) to provide financial assistance for higher
education to the dependents of Federal, State, and local public safety
officers who are killed or permanently and totally disabled as the
result of a traumatic injury sustained in the line of duty, and ask for
its immediate consideration in the House.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from North Carolina?
There was no objection.
The Clerk read the Senate bill, as follows:

S. 1524

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 ``Public Safety Officers
Educational Assistance Act of 1998''.

SEC. 2. FINANCIAL ASSISTANCE FOR HIGHER EDUCATION TO
DEPENDENTS OF PUBLIC SAFETY OFFICERS KILLED OR
PERMANENTLY AND TOTALLY DISABLED IN THE LINE OF
DUTY.

Motion Offered by Mr. Coble

Mr. COBLE. Madam Speaker, I offer a motion.
The Clerk read as follows:

Mr. Coble moves to strike out all after the enacting clause
of S. 1525 and insert, in lieu thereof, the provisions of
H.R. 3046 as passed by the House.

The motion was agreed to.
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.
A similar House bill (H.R. 3046) was laid on the table.

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