[Congressional Record Volume 148, Number 56 (Tuesday, May 7, 2002)]
[Senate]
[Pages S3975-S3976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    AMENDING THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

  Mr. REID. Madam President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 364, S. 2431.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2431) 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.

  There being no objection, the Senate proceeded to consider the bill 
which was reported by the Committee on the Judiciary, with an 
amendment, as follows:
  [Omit the part in black brackets and insert the part printed in 
italic:]

                                S. 2431

       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 ``Mychal Judge Police and Fire 
     Chaplains Public Safety Officers' Benefit Act of 2002''.

     SEC. 2. BENEFITS FOR CHAPLAINS.

       (a) In General.--Section 1204 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended--
       (1) by redesignating paragraphs (2) through (7) as (3) 
     through (8), respectively;
       (2) by inserting after paragraph (1) the following:
       ``(2) `chaplain' [means] includes any individual serving as 
     an officially recognized or designated member of a legally 
     organized volunteer fire department or legally organized 
     police department, or an officially recognized or designated 
     public employee of a legally organized fire or police 
     department who was responding to a fire, rescue, or police 
     emergency;''; and
       (3) in subparagraph (A) of paragraph (8), as redesignated 
     by paragraph (1), by inserting after ``firefighter,'' the 
     following: ``as a chaplain,''.
       (b) Eligible Beneficiaries.--Section 1201(a) of such Act 
     (42 U.S.C. 3796(a)) is amended--
       (1) in paragraph (3), by striking ``or'' at the end;
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) if there is no surviving spouse or surviving child, 
     to the individual designated by such officer as beneficiary 
     under such officer's most recently executed life insurance 
     policy, provided that such individual survived such officer; 
     or''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on September 11, 2001, and shall apply to 
     injuries or deaths that occur in the line of duty on or after 
     such date.

  Mr. LEAHY. Madam President, I am pleased that the Senate is taking up 
expeditiously the Mychal Judge Police and Fire Chaplains Public Safety 
Officers' Benefit Act of 2002. I thank Senators Campbell, Schumer, 
Clinton, and Biden for cosponsoring our bipartisan measure. I also 
commend Representatives Manzullo and Nadler for their leadership on the 
House version of this bill, H.R. 3297.
  Named for Chaplain Mychal Judge, who was killed while responding with 
the New York City Fire Department to the September 11 terrorist attacks 
on the World Trade Center, this legislation recognizes the invaluable 
service of police and fire chaplains in crisis situations by allowing 
for their eligibility in the Public Safety Officers' Benefit Program. 
Father Judge, while deemed eligible for public safety officer benefits, 
was survived by his two sisters who, under current law, are ineligible 
to receive payments through the PSOB Program. This is simply wrong and 
must be remedied.
  Indeed, Father Judge is among ten public safety officers who were 
killed on September 11, but who are ineligible for federal death 
benefits because they died without spouses, children, or parents. This 
bill would retroactively correct this injustice by expanding the list 
of those who may receive public safety officer benefits to the 
beneficiaries named on the most recently executed life insurance policy 
of the deceased officer. This change would go into effect on September 
11 of last year to make sure the families of Father Judge and the nine 
other fallen heros receive their public safety officer benefits.
  In addition, this bill would retroactively restructure the Public 
Safety Officers' Benefit Program to specifically include chaplains as 
members of the law enforcement and fire units they serve, and would 
make these chaplains eligible for the one-time $250,000 benefit 
available to public safety officer who have been permanently disabled 
as a result of injuries sustained in the line of duty, or to the 
survivors of officers who have died.
  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.
  Finally, I applaud the National Association of Police Organization, 
the Fraternal Order of Police, and American Federation of State, County 
and Municipal Employees for their leadership and strong support for 
public safety officers and their families. I ask unanimous consent that 
their letters in support of the Mychal Judge Police and Fire Chaplains 
Public Safety Officers' Benefit Act be printed in the Record.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                                                      Grand Lodge,


                                    Fraternal Order of Police,

                                      Washington, DC, May 1, 2002.
     Hon. Patrick J. Leahy,
     Chairman, Committee on the Judiciary, U.S. Senate, 
         Washington, DC.
       Dear Mr. Chairman: I am writing on behalf of the membership 
     of the Fraternal Order of Police to advise you of our strong 
     support for S. 2431, the ``Mychal Judge Police and Fire 
     Chaplains Public Safety Officers' Benefit Act of 2002.''
       None of us in the public safety community will ever forget 
     the tremendous courage exhibited by our police, fire, and 
     rescue personnel as they responded to the devastating

[[Page S3976]]

     terrorist attacks of 11 September. Nor will we forget the 
     examples of heroism and self-sacrifice exemplified by Father 
     Judge and the other dedicated public servants who lost their 
     lives on that day.
       The legislation you have introduced affords Congress the 
     opportunity to further honor these American heroes by making 
     two important enhancements to the Public Safety Officers' 
     Benefits Program (PSOB). First, S. 2431 will specifically 
     recognize police and fire chaplains who were killed or 
     injured in the line of duty while responding to a fire, 
     rescue, or police emergency among those who are eligible for 
     PSOB benefits. In addition, the bill would expand the list of 
     those allowed to receive such benefits in the event of an 
     officer's death to include, in the event that there is no 
     surviving spouse or child, the individual designated by the 
     officer as a beneficiary under their most recently executed 
     life insurance policy.
       On behalf of the more than 300,000 members of the Fraternal 
     Order of Police, thank you for your leadership on this issue 
     and for your continuing commitment to America's Federal, 
     State and local law enforcement officers. Please do not 
     hesitate to contact me, or Executive Director Jim Pasco, if 
     we can provide you with any additional information or 
     assistance.
           Sincerely,
                                                      Steve Young,
     National President.
                                  ____

                                    National Association of Police


                                          Organizations, Inc.,

                                      Washington, DC, May 1, 2002.
     Hon. Patrick J. Leahy,
     Chairman, Senate Judiciary Committee, U.S. Senate, Russell 
         Senate Office Building, Washington, DC.
       Dear Mr. Chairman: On behalf of the National Association of 
     Police Organizations (NAPO), representing 220,000 rank-and-
     file police officers from across the United States, I would 
     like to advise you of our wholehearted support for S. 2431, 
     the ``Mychal Judge Police and Fire Chaplains Public Safety 
     Officers' Benefit Act of 2002.'' This bill will recognize the 
     invaluable service of police and fire chaplains in crisis 
     situations by allowing for their eligibility in the Public 
     Safety Officers' Benefit program.
       Created by congress in 1976, the PSOB program is 
     administered by the Bureau of Justice Assistance of the U.S. 
     Department of Justice and pays a one-time death benefit to 
     the families of public safety officers who die in the line of 
     duty.
       S. 2431 is named after Franciscan Friar Mychal Judge who 
     was the Chaplain of the New York City Fire Department. Father 
     Judge was killed by the falling debris of the World Trade 
     Center on September 11, 2001, while giving last rites to 
     another firefighter who died in the terrorist attack.
       NAPO thanks you for introducing this important piece of 
     legislation and expeditiously bringing it before the Senate 
     Judiciary Committee for full consideration. We commend you 
     for your continued and strong support of law enforcement and 
     look forward to working with you for the bill's passage.
           Sincerely,
                                               William J. Johnson,
     Executive Director.
                                  ____



                                                       AFSCME,

                                      Washington, DC, May 2, 2002.
     Hon. Patrick Leahy,
     Chairman, Committee on the Judiciary,
     U.S. Senate, Washington, DC.
       Dear Mr. Chairman: On behalf of the 1.3 million members of 
     the American Federation of State, County and Municipal 
     Employees (AFSCME) and the corrections and law enforcement 
     officers and emergency medical technicians that we represent, 
     I am writing to express our support for the Mychal Judge 
     Police and Fire Chaplains Public Safety Officers' Benefit Act 
     of 2002 (S. 2431).
       Father Mychal Judge was a courageous and humane chaplain 
     and public servant who deserves the honor you bestow on him 
     posthumously by the introduction of this legislation which 
     expressly includes chaplains as eligible members of the law 
     enforcement and fire units for public safety death benefits 
     purposes. We know firsthand about his bravery because Father 
     Judge was an AFSCME member.
       Not only does this legislation resolve any ambiguities 
     regarding coverage of chaplains, but it would also expand the 
     list of those who may receive benefits in the event of a 
     public safety officer's death in the line of duty. Currently, 
     if the officer does not have a surviving wife, children or 
     parents, no benefit would be paid as was the case with Father 
     Judge. Your legislation would allow this 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 and then to the parents of the officer. As 
     you mentioned in your statement, approximately 450 public 
     safety officers killed in the September 11th attacks died 
     without spouses, children or parents so the $250,000 death 
     benefit will not be paid. Your legislation would correct this 
     inequity.
       AFSCME wholeheartedly endorses the Mychal Judge Police and 
     Fire Chaplains Public Safety Officers' Benefits Act of 2002. 
     Thank you for recognizing the need for this legislative 
     change in the benefits program.
           Sincerely,
                                              Charles M. Loveless,
                                          Director of Legislation.

  Mr. REID. Madam President, I ask unanimous consent that the committee 
amendment be agreed to, the bill, as amended, be read the third time 
and passed, the motion to reconsider be laid upon the table, that any 
statements relating thereto be printed in the Record, all without any 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill (S. 2431), as amended, was read the third time and passed, 
as follows:

                                S. 2431

       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 ``Mychal Judge Police and Fire 
     Chaplains Public Safety Officers' Benefit Act of 2002''.

     SEC. 2. BENEFITS FOR CHAPLAINS.

       (a) In General.--Section 1204 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended--
       (1) by redesignating paragraphs (2) through (7) as (3) 
     through (8), respectively;
       (2) by inserting after paragraph (1) the following:
       ``(2) `chaplain' includes any individual serving as an 
     officially recognized or designated member of a legally 
     organized volunteer fire department or legally organized 
     police department, or an officially recognized or designated 
     public employee of a legally organized fire or police 
     department who was responding to a fire, rescue, or police 
     emergency;''; and
       (3) in subparagraph (A) of paragraph (8), as redesignated 
     by paragraph (1), by inserting after ``firefighter,'' the 
     following: ``as a chaplain,''.
       (b) Eligible Beneficiaries.--Section 1201(a) of such Act 
     (42 U.S.C. 3796(a)) is amended--
       (1) in paragraph (3), by striking ``or'' at the end;
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) if there is no surviving spouse or surviving child, 
     to the individual designated by such officer as beneficiary 
     under such officer's most recently executed life insurance 
     policy, provided that such individual survived such officer; 
     or''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on September 11, 2001, and shall apply to 
     injuries or deaths that occur in the line of duty on or after 
     such date.

                          ____________________