[Congressional Record Volume 148, Number 52 (Wednesday, May 1, 2002)]
[Senate]
[Page S3627]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Campbell, Mrs. Clinton, and Mr. 
        Schumer):
  S. 2431. A bill to amend the Omnibus Crime Control and Safe Streets 
Act of 1968 to ensure that chaplains killed in the line of duty receive 
public safety officer death benefits; to the Committee on the 
Judiciary.
  Mr. LEAHY. Madam President, today I proudly join with Senators 
Campbell, and Clinton to introduce the Mychal Judge Police and Fire 
Chaplains Public Safety Officers' Benefit Act of 2002. I want to thank 
my colleagues for their leadership and strong support for public safety 
officers and their families. I also commend Representative Nadler and 
Representative Manzullo for their leadership on the House version of 
this bill.
  This bill aims to restructure the Public Safety Officers' Benefits 
Program to expressly include chaplains as members of the law 
enforcement and fire units in which they serve, and would make these 
chaplains eligible for the benefits available to public safety officers 
who have died or who have been permanently disabled as a result of 
injuries sustained in the line of duty. In addition, the Act would 
expand the list of those who may receive benefits in the event of a 
public safety officer's death in the line of duty by including as 
potential beneficiaries the persons named on the most recently executed 
life insurance policy of the deceased officer. In short, this 
legislation will ensure that the families of chaplains killed in the 
line of duty receive due payments through the Public Safety Officers' 
Benefits program.
  On September 11, 2001, Father Mychal Judge, a chaplain with the New 
York City Fire Department, was killed by falling debris as he 
ministered to victims of the horrific terrorist attacks on the World 
Trade Center. He was survived solely by his two sisters.
  Current law allows the Bureau of Justice Assistance to determine 
whether or not a public safety officer died as a direct or proximate 
cause of a personal injury sustained in the line of duty, and, if such 
criterion is met, directs the BJA to pay a monetary benefit of $250,000 
to the surviving family members of the officer. In the case of Father 
Judge, the BJA correctly determined that he was eligible for payment of 
death benefits. However, Father Judge had no wife or children, and 
outlived his parents, and no benefits were paid to his life insurance 
beneficiaries, his sisters, as they were ineligible under existing law 
to qualify as his beneficiaries and receive death benefits. This case 
is not unique, of the approximately 450 public safety officers killed 
in the September 11 attacks, there are 10 individuals known to have 
died without spouses, children or parents, so the $250,000 death 
benefit will not be paid. This is simply wrong.
  For the purpose of determining benefit eligibility, the U.S. Code 
limits ``public safety officers'' to law enforcement officers; 
firefighters; rescue crews; FEMA employees; and members of State, 
local, or tribal emergency management or civil defense agencies who 
perform official duties in cooperation with FEMA. While the language of 
existing law could be interpreted to include chaplains, the Mychal 
Judge Police and Fire Chaplains Public Safety Officers' Benefit Act 
would resolve any existing ambiguities. It specifically recognizes 
chaplains as public servants eligible for Public Safety Officers' 
Benefits so long as they serve as officially recognized or designated 
members of a legally organized volunteer fire or police department, or 
are officially recognized or designated public employees of a legally 
organized fire or police department, and was responding to a fire, 
rescue, or police emergency when injured or killed.
  Additionally, this legislation would expand the list of those allowed 
to receive such benefits in the event of an officer's death in the line 
of duty. Current law restricts such beneficiaries to the spouse, child, 
or parent of the decedent. Our bill would expand this list, which would 
still give priority to spouses and children, but, in the event that 
neither survived the officer, would allow the monetary benefit to be 
paid to the individual designated by such officer as a beneficiary 
under the officer's most recently executed life insurance policy. In 
the event that there was no such individual named or that an individual 
so named did not survive the officer, the benefit would then be paid to 
the parents of the officer.
  Before us we have yet another unique opportunity to provide much-
needed relief for the survivors of the brave public servants who 
selflessly risk and sacrifice their own lives everyday so that others 
might live or be comforted. I look forward to continuing to work with 
my colleagues on legislation to support our nation's public safety 
officers who put their lives at risk every day to protect us, and I 
urge the Senate to pass this bill expeditiously.
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