[Congressional Record Volume 154, Number 176 (Wednesday, November 19, 2008)]
[Senate]
[Pages S10645-S10646]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    REMEMBERING JAMES JOSEPH DURANT

  Ms. COLLINS. Mr. President, today I wish to commemorate the 
life of a true American patriot--Mr. James Joseph Durant of Scarborough 
ME--and to mourn his passing.
  Mr. Durant died in the line of duty almost two years ago while 
serving his community through the Volunteers in Police Services, VIPS, 
program.
  His premature death not only devastated his family but left a void in 
the life and social fabric of his community and his State.
  Mr. Durant led an admirable and remarkable life. He was married for 
47 years to his high school sweetheart, Janine. They began dating in 
their sophomore year when they were forced to share her English book 
because he had conveniently forgotten his own. Mr. Durant was a 
dedicated and caring father to their three children and a doting 
grandfather of five.
  He was a decorated U.S. Army soldier and combat veteran of the 
Vietnam War. Mr. Durant's loyalty to the Army and to his country was so 
profound that he refused a deferral from deployment to Vietnam to which 
he was entitled when his wife discovered that she was pregnant with 
their second child.
  After his return from Vietnam, Mr. Durant dedicated his life to 
public service. He worked with distinction for over 25 years as an 
electronic technician for the Federal Aviation Administration at the 
Portland International Jetport. He also volunteered for many activities 
and programs in Scarborough, including VIPS, where he patrolled parking 
lots on behalf of the local police department.
  Sadly, it was this commitment to public service that ultimately cost 
him his life. On December 15, 2006, while serving the citizens of 
Scarborough in his capacity as a member of VIPS, Mr. Durant responded 
to a nearby traffic accident.
  He was helping the under-manned police department by directing 
traffic when a vehicle struck him from behind. Although Mr. Durant was 
not a career officer, Scarborough honored him with local law-
enforcement honors at his funeral. His was the first death of an 
officer in the line of duty in Scarborough's modern history.
  Mr. Durant responded to the Nation's call for citizens to volunteer 
to help secure our homeland after the terrorist attacks of September 
11, 2001. Managed on behalf of the Departments of Homeland Security and 
Justice by the International Association of Chiefs of Police, VIPS 
provides an opportunity for ordinary citizens to volunteer in law 
enforcement. As a volunteer law enforcement officer, Mr. Durant made 
his community safer, stronger, and a better place to live.
  Unfortunately, after Mr. Durant sacrificed his life heeding that call 
to service, the Federal government compounded his family's loss by 
denying their application for federal death benefits under the Public 
Safety Officer Benefits, PSOB, program.
  According to the Department of Justice which administers the PSOB 
program, Mr. Durant did not qualify as a ``public safety officer'' 
within the meaning of the law.
  The PSOB program has been plagued with problems since its inception. 
Most of the national law enforcement and fire services organizations, 
such as the International Association of Fire Fighters, the 
International Association of Fire Chiefs, the Fraternal Order of 
Police, and the National Sheriff's Association, have long complained 
about the huge backlog of benefit applications and DoJ's overly strict 
interpretation of the law.
  If we truly hope to encourage more Americans like Mr. Durant to 
engage in volunteer activities that safeguard our homeland, we must 
ensure that their families are taken care of in the event that they die 
while performing duties that public safety officers would have 
otherwise performed.
  Mr. Durant is the first and so far only VIPS participant to have died 
in the line of duty. It would be folly to assume that he will be the 
last. That is why I believe that Congress should provide volunteers 
participating in VIPS and the Fire Corps, another potentially dangerous 
citizen volunteer program, with death benefits similar to those 
provided under the PSOB program.

[[Page S10646]]

  I fully recognize that proposing to expand the PSOB program--even if 
narrowly--is controversial. But I also believe that such an expansion 
is necessary. In the future, I hope to reach agreement with my friends 
in the first responder community on a way to protect the families of 
volunteers, like Mr. Durant, who lose their lives protecting the 
citizens of this Nation.
  I also pledge to continue working with them to ensure that the DoJ 
addresses their justifiable concerns with the administration of the 
PSOB program.
  As a nation, we owe it to our first responders--whether career or 
volunteer--to care for their families when they have made the ultimate 
sacrifice to protect us. While I regret that the Federal Government has 
not fulfilled this obligation to Janine Durant and her family, I am 
committed to ensuring that our Nation treats its heroes honorably.
  Mr. Durant was an ordinary American who did extraordinary things. 
Having already served his country in combat, having work and family 
obligations, he made the extra effort to serve his community, and lost 
his life in the process.
  We are all poorer for his death, but we can redeem it by providing 
equitable treatment for the families of other volunteers who may perish 
while serving the public good.

                          ____________________