[Congressional Record Volume 156, Number 80 (Tuesday, May 25, 2010)]
[House]
[Pages H3770-H3772]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SPECIAL AGENT SAMUEL HICKS FAMILIES OF FALLEN HEROES ACT
Mr. LYNCH. Mr. Speaker, I move to suspend the rules and concur in the
Senate amendments to the bill (H.R. 2711) to amend title 5, United
States Code, to provide for the transportation of the dependents,
remains, and effects of certain Federal employees who die while
performing official duties or as a
[[Page H3771]]
result of the performance of official duties.
The Clerk read the title of the bill.
The text of the Senate amendments is as follows:
Senate amendments:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Agent Samuel Hicks
Families of Fallen Heroes Act''.
SEC. 2. TRANSPORTATION AND MOVING EXPENSES FOR IMMEDIATE
FAMILY OF CERTAIN DECEASED FEDERAL EMPLOYEES.
(a) In General.--Subchapter II of chapter 57 of title 5,
United States Code, is amended by inserting after section
5724c the following:
``Sec. 5724d. Transportation and moving expenses for
immediate family of certain deceased Federal employees
``(a) In General.--Under regulations prescribed by the
President, the head of the agency concerned (or a designee)
may determine that a covered employee died as a result of
personal injury sustained while in the performance of the
employee's duty and authorize or approve the payment by the
agency, from Government funds, of--
``(1) any qualified expense of the immediate family of the
covered employee attributable to a change in their place of
residence, if the place where the immediate family will
reside following the death of the employee is--
``(A) different from the place where the immediate family
resided at the time of the employee's death; and
``(B) within the United States; and
``(2) any expense of preparing and transporting the remains
of the deceased to--
``(A) the place where the immediate family will reside
following the death of the employee; or
``(B) such other place appropriate for interment as is
determined by the agency head (or designee).
``(b) No Duplicate Payment of Expenses.--No expenses may be
paid under this section if those expenses are paid from
Government funds under section 5742 or any other authority.
``(c) Definitions.--For purposes of this section--
``(1) the term `covered employee' means--
``(A) a law enforcement officer, as defined in section
5541;
``(B) any employee in or under the Federal Bureau of
Investigation who is not described in subparagraph (A); and
``(C) a customs and border protection officer, as defined
in section 8331(31); and
``(2) the term `qualified expense', as used with respect to
an immediate family changing its place of residence, means
the transportation expenses of the immediate family, the
expenses of moving (including transporting, packing, crating,
temporarily storing, draying, and unpacking) the household
goods and personal effects of such immediate family, not in
excess of 18,000 pounds net weight, and, when authorized or
approved by the agency head (or designee), the transportation
of 1 privately owned motor vehicle.''.
(b) No Relevance as to Compensation Claims.--No
determination made under section 5724d of title 5, United
States Code, shall be deemed relevant to or be considered in
connection with any claim for compensation under chapter 81
of that title or under any other law under which compensation
may be provided on account of death or personal injury, nor
shall any determination made with respect to any such claim
be deemed relevant to or be considered in connection with any
request for payment of expenses under such section 5724d.
(c) Clerical Amendment.--The table of sections for chapter
57 of title 5, United States Code, is amended by inserting
after the item relating to section 5724c the following:
``Sec. 5724d. Transportation and moving expenses for immediate family
of certain deceased Federal employees.''.
Amend the title so as to read: ``An Act to amend title 5,
United States Code, to provide for the transportation and
moving expenses for the immediate family of certain Federal
employees who die in the performance of their duties.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Massachusetts (Mr. Lynch) and the gentleman from Missouri (Mr.
Luetkemeyer) each will control 20 minutes.
The Chair recognizes the gentleman from Massachusetts.
General Leave
Mr. LYNCH. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and add any extraneous materials.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
Mr. LYNCH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, on behalf of the House Committee on Oversight and
Government Reform, I present H.R. 2711, the Special Agent Samuel Hicks
Families of Fallen Heroes Act, for consideration.
This bipartisan legislation was introduced on June 4, 2009, by my
colleague, Representative Mike Rogers of Michigan, as well as several
members of the Oversight Committee, including Chairman Towns, and
Representatives Bill Foster of Illinois, Elijah Cummings of Maryland,
and Brian Bilbray of California. In addition, I am also pleased to be
an original cosponsor.
Moreover, H.R. 2711 was passed by the House of Representatives by a
voice vote on December 8, 2009, and subsequently passed the United
States Senate, with minor amendments, on May 14, 2010.
H.R. 2711 is an important measure for the Federal law enforcement
community. This bill authorizes the FBI and other law enforcement
agencies to pay the relocation and moving expenses for families of
agents who are killed in the line of duty. Law enforcement officers and
their families are routinely moved by the government to take on
assignments that enhance the security of our country. Under current
law, the government is authorized to pay these expenses if an agent or
employee is killed overseas, but it cannot do so for relocation if the
death occurs within the United States. While we wish this legislation
was not necessary, tragically there have been instances in which such
authority was needed to support the families of agents or employees who
have given their lives.
I applaud the Senate, and especially Senators Lieberman, Collins,
Akaka, and Voinovich for recognizing the importance of this bill and
for sending the bill back to the House with minor changes. The bill, as
amended by the Senate, would extend these family benefits to employees
of U.S. Customs and Border Protection. The Senate amendment also makes
several largely technical changes to the scope of available assistance.
{time} 1545
These improvements were made at the request of the Obama
administration, which supports this measure. I do want to emphasize
that the bill has strong support among the Federal law enforcement
community, including the Federal Law Enforcement Officers Association
and the FBI Agents Association.
Lastly, I'd like to point out that the title of the bill pays tribute
to the memory and service of Special Agent Samuel Hicks. Special Agent
Hicks was assigned to the Pittsburgh FBI office and was fatally shot on
November 19, 2008, at the age of 33 while executing a Federal search
warrant associated with a drug distribution ring.
Special Agent Hicks was a former police officer with the Baltimore
Police Department. He and his family relocated to Pittsburgh when he
became an agent. Unfortunately, after the loss of Special Agent Hicks,
the Bureau was unable to assist the Hicks family in moving back to
Baltimore due to the statutory limitations. This legislation would
correct this problem and prevent future families from suffering
additional grief and hardship.
I urge all of my colleagues to join me in supporting H.R. 2711.
Mr. Speaker, on behalf of the House Committee on Oversight and
Government Reform, I present H.R. 2711, the Special Agent Samuel Hicks
Families of Fallen Heroes Act, for consideration.
This bipartisan legislation was introduced on June 4th, 2009 by my
colleague, Representative Mike Rogers of Michigan, as well as several
Members of the Oversight Committee, including Chairman Ed Towns and
Representatives Bill Foster, Elijah Cummings, and Brian Bilbray. In
addition, I am pleased to say that I am an original cosponsor of H.R.
2711.
Moreover, H.R. 2711 was passed by the House of Representatives by
voice vote on December 8th, 2009 and subsequently passed the United
States Senate, with minor amendments, on May 14th, 2010.
H.R. 2711 Is an important measure for the Federal law enforcement
officer community. The bill authorizes the FBI and other law
enforcement agencies to pay the relocation and moving expenses for
families of agents who are killed in the line of duty.
Law enforcement officers and their families are routinely moved by
the government to take on assignments that enhance the security of the
country. Under current law, the government is authorized to pay these
expenses if an agent or employee is killed overseas but cannot pay for
relocation if the death occurs in the U.S.
While we wish this legislation was not necessary, tragically, there
have been instances in the recent past where such authority was
[[Page H3772]]
needed to support the families of agents or employees who gave their
lives.
I applaud the Senate, and specifically, Senators Lieberman, Collins,
Akaka and Voinovich, for recognizing the importance of this bill and
for sending the bill back to the House with minor changes.
The bill, as amended by the Senate, would extend these family
benefits to employees of U.S. Customs and Border Protection. The Senate
amendment also makes several, largely technical changes to the scope of
available benefits. These changes were made at the request of the Obama
administration, which supports this measure.
I want to emphasize that this bill has strong support from the
Federal law enforcement community, including the Federal Law
Enforcement Officers Association and the Federal Bureau of
Investigation Agents Association.
Lastly, I would like to point out that the title of this bill pays
tribute to the memory and service of Special Agent Samuel Hicks.
Special Agent Hicks was assigned to the Pittsburgh FBI office and was
fatally shot on November 19, 2008, at the age of 33, while executing a
Federal search warrant associated with a drug distribution ring.
Special Agent Hicks was a former police officer with the Baltimore
Police Department. He and his family relocated to Pittsburgh when he
became an agent. Unfortunately, after the loss of Special Agent Hicks,
the Bureau was unable to assist the Hicks family in moving back to
Baltimore due to statutory limitations. This legislation would correct
this problem and prevent future families from suffering additional
unnecessary grief and hardship.
I reserve the balance of my time.
Mr. LUETKEMEYER. Mr. Speaker, I yield myself such time as I may
consume.
When we passed this bill in the House on December 8, 2009, this bill
only applied to law enforcement officers as defined in section 5541 and
other FBI employees who have sacrificed their lives during the
performance of official duties. Additionally, the term ``qualified
expense'' was more broadly defined than how this bill now characterizes
the term.
Following the bill's passage in the House, the Senate, which passed
this bill on May 14, 2010, amended this bill to expand its coverage to
certain CBP officers. Moreover, the Senate amended this bill to qualify
the term ``qualified expense'' and limit what constitutes a qualified
expense.
At this stage, the bill would authorize the employing agency of
Federal law enforcement officers as well as certain FBI and CBP
employees who have sacrificed their lives in the performance of his or
her duties to pay the moving, transportation, and relocation expenses
due to a change of residence within the United States of the immediate
family of the officer. Additionally, this bill would authorize the
employing agency to cover the expenses of preparing and transporting
the remains of the deceased to the place where the family will reside
following the employee's death.
The Federal Government often requires or asks Federal law
enforcement, including CBP and FBI officers, to relocate to new areas
all across the country and throughout the world. Frequently, these
officers bring their families with them to see these new localities.
When the lives of these officers have been sacrificed during the
performance of their official duties, the family is often stranded with
no financial means to return to the area they call home. Congress
should make it a priority to help care for the families of these heroes
who have honorably sacrificed their lives for the security of our
country.
Mr. Speaker, I support this measure and urge my colleagues to do as
well.
Mr. Speaker, at this point, I would like to yield such time as he may
consume to my distinguished colleague from Michigan (Mr. Rogers).
Mr. ROGERS of Michigan. Thank you, Mr. Lynch, for your help and
cooperation--it goes to show you what good things we can do when we
work together in this Chamber--to really stand up for the families of
the fallen.
You know, the folks who are killed in the line of duty come from all
walks of life and from every corner of our country, and they sign up
for law enforcement, Federal law enforcement because they believe in a
purpose higher than themselves. And they consistently, day in and day
out, Mr. Speaker, put their lives on the line for the same rule of law
that we enjoy in every ounce of every community.
And these are the rare and sad cases where these agents or patrol
officers with the CBP have given their lives in defense of that law and
liberty in communities across the United States.
But there's also another set of victims there, and it is the family
members who have sacrificed with them and packed up their families and
come a long way away from where they grew up and where their family is
to help build a support network for those agents and officers who are
serving so proudly the United States of America. And due to a glitch--
and it was just that, a simple glitch--that if an FBI agent was killed
in the line of duty overseas, their family could be relocated back. But
if they moved from Maine to California, the family was stuck with the
expense and the hazard and the hardship of getting home.
This is really a small step to say ``thank you'' for the service and
sacrifice for the men and women who wear the badge of the people of the
United States of America, and a small statement to them that we care,
we have not forgotten, and we thank you every day for your service and
sacrifice to this great Nation.
Mr. LYNCH. Mr. Speaker, I continue to reserve the balance of my time.
Mr. LUETKEMEYER. Mr. Speaker, I urge all Members to support the
passage of H.R. 2711.
I yield back the balance of my time.
Mr. LYNCH. Mr. Speaker, I thank the gentleman for his thoughtful
remarks, and I just want to ask Members on both sides to join with Mr.
Rogers of Michigan, also Mr. Foster of Illinois--and, Mr. Speaker, I
know that you, as the Representative from Maryland's Seventh District,
had a special interest in this bill on behalf of the Hicks family and
all of those officers who are killed in the line of duty, so I want to
thank you for your work as well.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Massachusetts (Mr. Lynch) that the House suspend the
rules and concur in the Senate amendments to the bill, H.R. 2711.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. LUETKEMEYER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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