[Congressional Record (Bound Edition), Volume 156 (2010), Part 7]
[House]
[Pages 9272-9274]
[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 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 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

[[Page 9273]]

     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 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

[[Page 9274]]

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.
  Ms. JACKSON LEE of Texas. Mr. Speaker, I rise in support of H.R. 
2711, the Special Agent Samuel Hicks Families of Fallen Heroes Act. I 
also want to thank my colleague, Mr. Rogers, for introducing this 
important legislation.
  This legislation aims to authorize the FBI to pay the relocation and 
moving expenses for families of FBI agents who are killed in the line 
of duty. At present, the law only provides for the FBI to cover these 
expenses if an FBI agent or an employee is killed overseas. However, 
payment for the relocation of a decedent's immediate family if the 
death occurs in the U.S. falls outside the ambit of the current 
statutory provision.
  Special Agent Hicks, the man after whom this legislation is named, 
was a former police officer with the Baltimore police department. Upon 
receiving an assignment as an FBI agent, Hicks and his family relocated 
to Pittsburgh, Pennsylvania. Special Agent Hicks regrettably lost his 
life when he was fatally shot 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. 
The Bureau was unable to assist the Hicks family in moving back to 
Baltimore because of restrictive construction of the statute providing 
only for the financial assistance to families of agents perishing 
overseas.
  This instance of a family of a federal law enforcement officer being 
denied the financial assistance they required to relocate is indicative 
of the error in the construction of the initial remedial statute. 
Allowing for domestic family members of fallen federal agents or 
employees to receive the same assistance that foreign families receive 
will widen the scope of the statute and provide much needed relief to 
those persons touched by such tragedy.
  FBI employees take on tremendous responsibilities to ensure the 
safety and the security of these United States. As such, agents and 
their families are moved throughout the country, dispersed to its very 
corners, in pursuit of this nation's protection. In the event of an 
untimely and tragic death, we would like to bring help to the fallen 
hero's family within the perimeter of this new legislation--regardless 
of whether the tragedy strikes abroad or here at home.
  Unfortunately, in the recent past there have been instances in which 
such authority was needed to support the families of agents or 
employees who gave their lives for this country, and received no 
assistance at all. This legislation seeks to remedy this wrong, and 
hopefully with its passage the immediate family of FBI agents or 
employees will receive the help they deserve.
  The foregoing reasons outline the importance of our attention this 
legislation seeks to afford those families of federal agents or 
employees that the initial statutes did not cover. We must provide 
financial assistance to the families of domestic fallen heroes.
  I urge my colleagues to support this bill.
  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.

                          ____________________