[Congressional Record (Bound Edition), Volume 146 (2000), Part 6]
[Senate]
[Pages 7802-7803]
[From the U.S. Government Publishing Office, www.gpo.gov]



         OMNIBUS CRIME CONTROL AND SAFE STREETS ACT AMENDMENTS

  Mr. BURNS. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 434, S. 1638.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1638) to amend the Omnibus Crime Control and 
     Safe Streets Act of 1968 to extend the retroactive 
     eligibility dates for financial assistance for higher 
     education for spouses and dependent children of Federal, 
     State, and local law enforcement officers who are killed in 
     the line of duty.

  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 3147

   (Purpose: To further extend the retroactive eligibility dates to 
                            January 1, 1978)

  Mr. BURNS. Madam President, Senator Leahy has an amendment at the 
desk, and I ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Montana [Mr. Burns] for Mr. Leahy, 
     proposes an amendment numbered 3147.

  The amendment is as follows:

       On page 2, line 10, strike ``May 1, 1978'' and insert 
     ``January 1, 1978''.
       On page 2, line 12, strike ``October 1, 1978'' and insert 
     ``January 1, 1978''.

  Mr. LEAHY. Madam President, I know that Senator Robb strongly 
supports this bill and I was glad to work with him and Senator Ashcroft 
to expedite Judiciary Committee action in February and finally to 
achieve Senate consideration today.
  I support extending the educational assistance benefits to the 
families of public safety officers who died in the line of duty. I 
supported those efforts when we acted for federal officers' families 
back in 1996 and when we extended those benefits to State and local 
officers' families in 1998.
  A number of us joined with Senator Specter and Senator Kohl back in 
1996 to pass the Federal Law Enforcement Dependents Assistance Act. Our 
efforts grew out of the Ruby Ridge investigation and our shared concern 
to help the family of U.S. Marshal Bill Degan and the families of 
others killed in the line of duty.
  At the time we were unable to gain the consensus needed to authorize 
these education benefits to State and local law enforcement officers. 
Some thought that would cost too much. We came back in 1997 and 1998 
and were able to pass the Public Safety Officers Educational Benefits 
Assistance Act to extend these educational benefits to State and local 
public safety officers. We were led in that effort by Senators Specter 
and Biden.
  I am delighted to see these benefits expanded further by extending 
them retroactively by this bill, S. 1638. We were told in February that 
the estimated cost of this expansion would be $125 million. Since then 
we have received a significantly revised estimate from the CBO greatly 
diminishing the estimated costs. I do not know whether CBO was wrong in 
February or is wrong now, but I commend Senator Ashcroft and all the 
sponsors of this measure for their willingness to make this investment 
and authorize these payments.
  I have said that rather than move the eligibility dates back 
approximately between 14 and 19 years, we should consider removing them 
altogether. I do not want some to be penalized by the arbitrary 
selection of the eligibility date. In this regard I have urged an 
amendment to take the eligibility dates back to at least January 1978, 
in order to cover at least one, and possibly more, Vermont families who 
suffered the loss of a family member who was a public safety officer 
earlier that year. The family of Arnold Magoon, a Vermont game warden, 
should not be penalized again because he died on April 27 and not after 
May 1 or October 1 of 1978.
  I said in February when the committee considered this measure that I 
would be working to speed its passage and to help it achieve its goal 
of making these assistance payments as comprehensive as possible. As 
soon as the majority got around to suggesting consideration of this 
matter on Wednesday, May 10, I cleared it for consideration so that we 
could proceed.
  In addition, I look forward to enacting additional measures that 
protect and assist State and local law enforcement. In particular, I 
was extremely disappointed last year when an anonymous Republican 
objection prevented S. 521, my bill to improve the Bulletproof Vest 
Grant Partnership Act, from passing. This bill would allow the Attorney 
General to waive or reduce the matching fund requirement for assisting 
poor and rural law enforcement units to provide this life-saving 
equipment to officers and prevent injury and death. I cannot understand 
why anyone would want to oppose that effort.
  This year, in addition, I have joined again with Senator Campbell to 
introduce S. 2413 to improve our Bulletproof Vest Grant Partnership Act 
by reauthorizing the program for another 3 years, raising the annual 
appropriation to $50 million and guaranteeing to jurisdictions with 
populations less than 100,000 a fair share of these resources. Senator 
Hatch has joined us as a cosponsor of our measure.
  I hope that the Judiciary Committee and the Senate will act on these 
measures without additional delay, as well.
  Mr. BURNS. Madam President, I ask unanimous consent that the 
amendment be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3147) was agreed to.
  Mr. BURNS. Madam President, I ask unanimous consent that the bill be 
read a third time, and passed, the motion to reconsider be laid upon 
the table, without any intervening action,

[[Page 7803]]

and that any statements relating thereto be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1638), as amended, was read the third time and passed, 
as follows:

                                S. 1638

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXTENSION OF RETROACTIVE ELIGIBILITY DATES FOR 
                   FINANCIAL ASSISTANCE FOR HIGHER EDUCATION FOR 
                   SPOUSES AND CHILDREN OF LAW ENFORCEMENT 
                   OFFICERS KILLED IN THE LINE OF DUTY.

       (a) In General.--Section 1216(a) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-5(a)) 
     is amended--
       (1) by striking ``May 1, 1992'', and inserting ``January 1, 
     1978,'' ; and
       (2) by striking ``October 1, 1997,'' and inserting 
     ``January 1, 1978,''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect October 1, 1999.

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