[Congressional Record (Bound Edition), Volume 155 (2009), Part 22]
[House]
[Pages 29868-29870]
[From the U.S. 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 pass 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 
result of the performance of official duties, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2711

       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 ``Special Agent Samuel Hicks 
     Families of Fallen Heroes Act''.

     SEC. 2. TRANSPORTATION OF DEPENDENTS, REMAINS, AND EFFECTS OF 
                   CERTAIN 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 of dependents, remains, and 
       effects of certain Federal employees

       ``(a) In General.--Under regulations prescribed under 
     section 5738 and when the head of the agency concerned (or a 
     designee thereof) authorizes or approves, if a covered 
     employee dies while performing official duties or as a result 
     of the performance of, official duties, the agency may pay 
     from Government funds--
       ``(1) the qualified expenses of the immediate family of the 
     employee, if the place where the family will reside following 
     the death of the employee is--
       ``(A) different from the place where the family resided at 
     the time of the employee's death; and
       ``(B) within the United States; and
       ``(2) the expenses 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) Qualified Expenses.--For purposes of this section, 
     the term `qualified expenses', as used with respect to a 
     family changing its place of residence, means the moving 
     expenses, transportation expenses, and relocation expenses of 
     the family which are attributable to the change in place of 
     residence.
       ``(c) Definitions.--For purposes of this section--
       ``(1) the term `covered employee' means--
       ``(A) a law enforcement officer, as defined by section 8331 
     or 8401; and
       ``(B) any employee in or under the Federal Bureau of 
     Investigation who is not described in subparagraph (A);
       ``(2) the term `moving expenses', as used with respect to a 
     family, includes the expenses of transporting, packing, 
     crating, temporarily storing, draying, and unpacking the 
     household goods and personal effects of such family, not in 
     excess of 18,000 pounds net weight; and
       ``(3) the term `relocation expenses' has the meaning given 
     such term under regulations prescribed under section 5738, 
     including relocation expenses and relocation services 
     described in sections 5724a and 5724c, respectively.''.
       (b) Clerical Amendment.--The analysis for chapter 57 of 
     title 5, United States Code, is amended by inserting after 
     the item relating to section 5724c the following:
``5724d. Transportation of dependents, remains, and effects of certain 
              Federal employees.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts (Mr. Lynch) and the gentleman from Louisiana (Mr. Cao) 
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 chairman of the full Committee on 
Oversight and Government Reform, Chairman Towns, and its members, I am 
proud to 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 
Representative Mike Rogers of Michigan and several members of the 
Oversight Committee, including Chairman Ed Towns and Representatives 
Bill Foster, Elijah Cummings, and Brian Bilbray. In addition, this 
legislation was favorably reported out of the Oversight Committee on 
September 10, 2009, by voice vote. H.R. 2711 is a worthy and important 
issue and I am pleased to be an original cosponsor of this bill.
  As reported by the Oversight Committee, the legislation would 
authorize the FBI to pay the relocation and moving expenses for 
families of FBI agents who are killed in the line of duty. Under 
current law, the FBI is only authorized to pay these expenses if an FBI 
agent or an employee is killed overseas, but cannot pay for relocation 
if the death occurs in the U.S.
  FBI employees and their families are moved routinely by the Bureau 
within the United States to take on assignments that further the 
mission of the agency and the security of the country. While we wish 
this legislation was not necessary, tragically there have been 
instances in the recent past where such authority was needed to support 
the families of agents or employees who gave their lives.
  Of course, untimely deaths in the Federal law enforcement community 
are not limited to the FBI, and the Bureau is not the only Federal 
agency that relocates its employees to better protect the country. 
Recognizing this, the bill we are considering on the floor today 
includes a straightforward but important amendment that recognizes the 
service and sacrifice of all Federal law enforcement officers. The 
amendment simply extends the authority in this legislation to the other 
agencies that employ Federal law enforcement officers.
  This amendment has strong support from the Federal law enforcement 
community. I should also note that the costs associated with this bill 
remain small as the number of Federal law enforcement officers killed 
annually is approximately 12 to 15 officers. We can and should assist 
each and every one of these families by supporting this amendment and 
this bill. Moreover, the

[[Page 29869]]

amendment also pays tribute to the memory and service of Special Agent 
Samuel Hicks by renaming the legislation in his honor. Special Agent 
Hicks was assigned to the Pittsburgh FBI office and was shot fatally on 
November 19, 2008 at the age of 33 while executing a Federal search 
warrant associated with a drug distribution ring. He is survived by his 
wife and their 2-year-old son.
  Special Agent Hicks was a former police officer with the Baltimore 
police department. He and his family relocated to Pittsburgh when he 
became an FBI agent. Unfortunately, after the loss of Special Agent 
Hicks, the Bureau was unable to assist the Hicks family in moving back 
to Baltimore because of statutory limitations.

                              {time}  1330

  This legislation would correct this problem and prevent future 
families from suffering additional unnecessary grief and hardship. I 
encourage all the Members to support Mr. Rogers and his legislation.
  I reserve the balance of our time.
  Mr. CAO. Mr. Speaker, I yield as much time as he may consume to my 
friend and colleague from the State of Michigan (Mr. Rogers).
  Mr. ROGERS of Michigan. Mr. Speaker, Mr. Lynch and Mr. Towns, thank 
you very, very much for your work in a bipartisan way on this very 
important piece of legislation.
  Sometimes, with all of the big issues that we deal with, we do pause 
and pay attention to issues that impact lives like some circumstances 
like no other. And if you imagine the Federal law enforcement 
community--and I used to serve proudly as an FBI agent and was proud to 
count myself as one of them--that every single day somebody suits up 
quietly, with a search warrant or an arrest warrant to serve it 
somewhere in America. And we forget because they are exceptionally good 
at doing what they do without getting hurt or harmed, but it is 
incredibly dangerous work. They get drug dealers and they get child 
pornographers and they get bank executives committing bank fraud. They 
get Mafia dons, and they get terrorists of the hardest sort, and they 
bring them to justice as a part of defending the Constitution and the 
communities of the United States of America.
  And what this particular case exemplified is that there was a glitch 
in the law, because we ask these Federal law enforcement officers to 
move and uproot from their communities. They swear an oath to their 
country and their Constitution and to uphold the law of the United 
States. And then we ask them to leave their hometowns of, say, 
Baltimore or New York or small towns anywhere in America and take their 
families with them to these new places to fight crime wherever they 
find it. And this pointed out one very, very significant glitch is that 
if an officer, a Federal law enforcement officer was killed in the line 
of duty in the United States, their families had no means, the Federal 
Government could not assist them in moving back home, the very place 
that they stood up and said they would serve proudly with their loved 
one wherever that mission would take them.
  Many, the FBI, specifically, makes it very well known that you have 
no right to serve where you want. You will serve at the needs of the 
FBI. And other agencies serve in the same capacity, and their families 
suffer the same sacrifice when we ask them to move.
  This is a small token, just a small token of what we can do for those 
families who have sacrificed so much and lost their loved one while 
killed in the line of duty. And it's named after a very, very brave FBI 
agent who risked his life for his country serving a narcotics warrant 
in Pittsburgh. I mean, this is someone who had a strong history of 
public service. He was a teacher. He was a Baltimore police officer.
  His FBI agent colleagues described him as brave and courageous and 
the anchor. When they were going through their training at the FBI 
academy, they said this is the guy that you wanted to go in the door 
with. He's the guy that would anchor and teach them how to safely get 
in and safely get out of homes in very dangerous situations. And the 
agents and all that were interviewed were certainly, by press reports, 
tearing up and reliving the memories of what was a great American who 
was absolutely committed to the ideals of the FBI: fidelity and bravery 
and integrity. And in that pursuit, in his pursuit to live up to the 
standards of the FBI, he risked and ultimately gave his life for his 
community and his country.
  So what this bill does, with the help of Mr. Lynch and Mr. Towns and 
so many others, Mr. Cao--thank you--is it says that we will respect 
what you have given your country, and we will help those families move 
back to where they call home in that final, final rest and trip in 
remembrance of someone who did something so great for their country.
  His peers also described him, Mr. Speaker, as a humble and giving 
man, an outstanding FBI agent, somebody whose dream job was to wear and 
carry the badge of a special agent of the FBI.
  He is survived by his wife, Brooke, and his 3-year-old son, Noah.
  And for all that he has done, I think it's so fitting that the 
committee sought to name this bill after one agent. And in the Bureau, 
it's never anyone's particular case. He didn't own that case. He didn't 
own that incident, but he was part of a bigger team. And so, when you 
name this bill after an agent like this, it really sends great 
condolences to the family and respect to every officer that falls in 
the line of duty. His name may be on the bill, but it is a gift to 
every family who risks their lives every day in the service of this 
great Nation in the law enforcement community.
  And I would, again, urge all of us to support this with vigor.
  And I also want to thank the FBI Agents Association for their work 
and diligence on this. The Department of Justice has been very, very 
good to work with, and the FBI itself has given their time and 
commitment, once again proving their commitment to the family of the 
FBI and the work that they do.
  Again, I thank you all for the work that you have done. I think his 
family would be humbled. I think the FBI agents are humbled, and I 
think our Federal law enforcement community is humbled that we would 
pause in all of the debate and remember their service and sacrifice to 
the United States.
  Mr. LYNCH. Mr. Speaker, I thank the gentleman from Michigan for his 
kind words and articulate words.
  At this time, Mr. Speaker, I would like to yield to the gentleman 
from Maryland (Mr. Cummings), who is also a driving force behind this 
bill, for 5 minutes.
  Mr. CUMMINGS. Mr. Speaker, I rise today in support of H.R. 2711, the 
Special Agent Samuel Hicks Families of Fallen Heroes Act.
  This legislation, as has been said, honors Pittsburgh FBI Special 
Agent Samuel Hicks, who was shot and killed while executing a Federal 
search warrant on November 19, 2008. Before joining the FBI, Special 
Agent Hicks was a teacher and a city police officer in my hometown and 
the Congressional district I represent in Baltimore, Maryland. When 
arrangements were made for Special Agent Hicks to return to his final 
resting place in Baltimore, moving expenses for his family to relocate 
were not covered.
  This legislation would provide funds for the moving, transportation, 
and relocation expenses attributed to a change of residence within the 
United States of the immediate family of an FBI employee who dies in 
the performance of official duties. It also covers the expenses of 
preparing and transporting the remains of the deceased to the place 
where the family will reside following the employee's death.
  I must commend Mr. Rogers for this legislation. I think it's very 
much due. As I was reading over the legislation, I could not help but 
think to myself, I hope we don't have to use the provisions of this 
legislation too often, because I think all of us mourn whenever one of 
our law enforcement officers is harmed or killed. It's a sad day. I've 
often said, and we've often heard the words, they are, indeed, our thin 
blue line. If you don't think they're the thin blue line, you let 
something happen to you and they don't show up.

[[Page 29870]]

  One of Special Agent Hicks' colleagues said of him, He was very 
skilled in everything, encouraging, always had a positive attitude, and 
the first to step forward and volunteer for anything. His colleague 
went on to say, He was just the kind of guy who was a role model for 
other people in the academy who maybe didn't have experience or come 
from different backgrounds.
  Mr. Speaker, this is just one of many examples of how dangerous a job 
like being an FBI agent can be, but it is one that so many take on 
every single day, not wondering whether they will return home to their 
families, return to their neighborhoods. His sacrifice is always going 
to be remembered through his family, colleagues, and hopefully through 
the passage of this legislation.
  On May 2, 2009, Special Agent Hicks' name was added to the National 
Law Enforcement Officers Memorial here in Washington, but that is 
simply not enough. We must honor those who have made the ultimate 
sacrifice by taking care of their loved ones who have also made a 
tremendous sacrifice.
  Again, I commend Congressman Rogers of Michigan and the House 
Oversight and Government Reform Committee, Mr. Lynch, especially those 
original cosponsors, of which I'm one, for the leadership with regard 
to this legislation. With the passage of H.R. 2711, we can honor 
Special Agent Hicks and prevent future families from additional 
heartache and hardship at a very, very difficult moment in their lives.
  I encourage all the Members to support this legislation.
  Mr. CAO. Mr. Speaker, I yield myself as much time as I may consume.
  When we passed this bill out of the Oversight Committee on September 
9, this bill only applied to FBI officers who died in the performance 
of official duties. After working with our Democratic colleagues, this 
bill, as amended, would authorize the employing agency of any Federal 
law enforcement officer who dies in the performance of his or her 
duties as defined under title 5, section 5541, 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. It 
would also 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.
  Federal law enforcement officers are often asked to relocate to new 
areas all across the country and the world, and, frequently, these 
officers bring their families with them to these new areas. In the case 
of Federal law enforcement officers who die in the performance of 
official duties, the family is often left stranded, with no means to 
return to an area they call home. Caring for the families of these 
heroes who have died while serving this Nation is a priority for 
Congress, and the costs of H.R. 2711 are relatively insignificant.
  Mr. Speaker, I support this measure and I urge all Members to support 
the passage of H.R. 2711.
  I yield back the balance of my time.
  Mr. CRENSHAW. Mr. Speaker, I rise in strong support of H.R. 2711, the 
FBI Families of Fallen Heroes Act. This legislation would ensure the 
families of our FBI Fallen Heroes are properly cared for and that the 
final remains of the fallen heroes are treated with the honor and 
respect they are due. The government would fully fund the 
transportation and relocation expenses of the immediate family members 
of FBI employees who have given their lives in the line of duty. This 
will allow the family members to relocate from their spouse's last FBI 
assignment location to their hometown. In addition, the expenses of 
preparing and transporting the remains of the deceased to their final 
places of interment will be provided by the federal government.
  For over a century the FBI's primary goal has been to protect and 
defend the United States against terrorist and foreign intelligence 
threats, to uphold and enforce the criminal laws of the United States, 
and to provide leadership and criminal justice services to federal, 
state, municipal, and international agencies and partners.
  To accomplish these goals, the FBI has 56 field offices, 400 
satellite offices, 62 international offices, and 14 legal attache 
offices. With investigative programs including counterterrorism, 
cybercrime, civil rights, and organized crime, the FBI must continually 
update their techniques, strategies, and programs. FBI Special Agents 
and Professional Staff are rotated through these many offices to 
continue their training and to fill the FBI's staffing needs and 
investigative priorities.
  Proof of their success is clearly shown in the 2006 indictment, 
arrest, and conviction of Fadl Mohamad Maatouk, a resident of Orange 
Park, Florida who was convicted of conspiracy to provide material 
support to Hezbollah. The FBI has also been instrumental in the 
investigations of the Oklahoma City bombing, multiple World Trade 
Center attacks, the assault on the USS Cole, and the attacks of 9/11.
  These successes come at a price beyond the dangers in the field. FBI 
families, like military families, are under a great deal of stress. 
When a person chooses to serve in the FBI, every family member is 
affected. Every person experiences not just the benefits but also the 
downsides--the relocations, the long periods of separation, the not 
knowing if your spouse, dad or mom is in danger. Spouses and children 
must make new friends, enter new schools, find new employment, and try 
to adjust to new environs almost every three years. They do this while 
always knowing that their loved one, who has chosen to help defend the 
country, could be in the line of fire--maybe not today, but maybe 
tomorrow. It is a burden the family shoulders. I believe this 
legislation will in some small way lighten that load.
  FBI agents and other employees make a choice to engage in a career 
that is vital to our national security. They understand that there are 
dangers, but still they make the choice to do their part to defend our 
country. My colleagues and I in the House unanimously agreed to this 
legislation because I believe we must honor those who have served and 
paid the ultimate price.
  Mr. LYNCH. Mr. Speaker, in closing, I want to thank Mr. Cao and Mr. 
Rogers, the gentleman from Michigan, as well as the gentleman from 
Maryland (Mr. Cummings), and one other driving force behind this, our 
own chairman, Ed Towns, for supporting this measure, H.R. 2711, as it 
really provides Federal law enforcement agencies with the necessary 
authority to support these families in their greatest time of need.
  I yield back the balance of our 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 pass the bill, H.R. 2711, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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