Special Agent Scott K. Carey Public Safety Officer Benefits Enhancement Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend: (1) educational benefits to public safety officers who become permanently and totally disabled in the line of duty and to their spouses and children; (2) allow payment of retroactive benefits to dependents of such disabled officers; and (3) establish a program of pension payments for certain survivors of deceased public safety officers.
Authorizes the Secretary of Education to: (1) award a Public Safety Officer scholarship to disabled public safety officers, their spouses, and their children; and (2) enter into agreements with educational institutions to carry out such scholarship program.
Amends federal personnel law to allow widows or widowers of federal employees killed on the job to continue to receive monthly compensation even if they remarry before reaching age 55.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6262 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6262
To provide increased benefits for public safety officers disabled in
the line of duty, and for the spouses and children of public safety
officers killed or disabled in the line of duty, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2006
Mrs. Kelly introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide increased benefits for public safety officers disabled in
the line of duty, and for the spouses and children of public safety
officers killed or disabled in the line of duty, and for other
purposes.
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 Scott K. Carey Public
Safety Officer Benefits Enhancement Act''.
TITLE I--EDUCATIONAL ASSISTANCE TO OFFICERS DISABLED IN THE LINE OF
DUTY
SEC. 101. BASIC ELIGIBILITY.
Section 1212(a)(1) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796d-1(a)(1)) is amended--
(1) by striking ``a dependent'' and inserting ``an eligible
dependent''; and
(2) by striking ``education'' and all that follows through
the period at the end and inserting ``education.''.
SEC. 102. APPLICATIONS; APPROVAL.
Section 1213 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796d-2) is amended--
(1) in subsection (b)--
(A) by striking ``the dependent'' each place it
appears and inserting ``the applicant''; and
(B) by striking ``the dependent's'' each place it
appears and inserting ``the applicant's''; and
(2) in subsection (c), by striking ``a dependent'' and
inserting ``an applicant''.
SEC. 103. RETROACTIVE BENEFITS.
Section 1216(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796d-5(a)) is amended to read as follows:
``(a) Retroactive Eligibility.--Notwithstanding any other provision
of law, but subject to the limitations of this subpart, an eligible
dependent of a public safety officer shall be eligible for assistance
under this subpart if such an officer--
``(1) dies in the line of duty on or after January 1, 1978;
or
``(2) becomes permanently and totally disabled as the
direct result of a catastrophic injury sustained in the line of
duty on or after January 1, 1978.''.
SEC. 104. DEFINITIONS.
Section 1217 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796d-6) is amended by adding at the end the following
new paragraphs:
``(4) The term `eligible dependent' means--
``(A) any public safety officer who is eligible to
receive benefits under section 1201(b);
``(B) the child of any public safety officer who is
described in section 1201(a), or who is eligible to
receive benefits under section 1201(b); and
``(C) the spouse of any public safety officer
described in subparagraph (B) at the time of such
officer's death or on the date of such officer's
totally and permanently disabling injury.
``(5) The term `public safety officer' includes--
``(A) any public safety officer described in
paragraph (9) of section 1204; and
``(B) any other individual who is employed by any
Federal, State, county, or local agency and, as a
result of such employment, is--
``(i) empowered by law to conduct an
investigation of or to make an arrest for a
felony offense; or
``(ii) authorized by law to prosecute or
participate in the prosecution of a felony
offense.''.
TITLE II--SURVIVOR PENSIONS
SEC. 201. SURVIVOR PENSIONS.
Part L of the Omnibus Crime Control and Safe Streets Act of 1968 is
further amended by adding after section 1218 (42 U.S.C. 3796d-7) the
following new subpart:
``Subpart 3--Survivor Pensions
``SEC. 1221. SURVIVOR PENSIONS ESTABLISHED.
``In any case in which the Bureau is required to pay a benefit
under section 1201(a), the Bureau shall also pay an annual pension to
one or more survivors of the deceased public safety officer in
accordance with this subpart.
``SEC. 1222. PAYMENTS TO BENEFICIARIES.
``(a) Beneficiaries Determined.--An annual pension under this
subpart shall be paid to one or more survivors of the deceased public
safety officer as follows:
``(1) If there is a surviving spouse of such officer, a
pension equal to 80 percent of the applicable amount under
section 1223(a), paid to the surviving spouse.
``(2) If there is no surviving spouse, but--
``(A) there is one surviving child of such officer,
a pension equal to 20 percent of the applicable amount
under section 1223(a), paid to that surviving child;
``(B) there are two surviving children of such
officer, a pension equal to 35 percent of the
applicable amount under section 1223(a), paid to the
children in equal shares;
``(C) there are three surviving children of such
officer, a pension equal to 50 percent of the
applicable amount under section 1223(a), paid to the
children in equal shares; or
``(D) there are four or more surviving children of
such officer, a pension equal to 60 percent of the
applicable amount under section 1223(a), paid to the
children in equal shares.
``(3) If there is no surviving spouse or surviving child,
but--
``(A) there is one surviving parent of such
officer, a pension equal to 20 percent of the
applicable amount under section 1223(a), paid to that
parent; or
``(B) there are two surviving parents of such
officer, a pension equal to 40 percent of the
applicable amount under section 1223(a), paid to the
parents in equal shares.
``(4) If none of the above, a pension equal to 20 percent
of the applicable amount under section 1223(a), paid--
``(A) in the case of a claim made on or after the
date that is 90 days after the date of the enactment of
this subparagraph, to the individual designated by such
officer as beneficiary under this subpart in the
officer's most recently executed designation of
beneficiary on file at the time of death with such
officer's public safety agency, organization, or unit,
provided that such individual survived such officer; or
``(B) if there is no individual qualifying under
subparagraph (A), to the individual designated by such
officer as beneficiary under such officer's most
recently executed life insurance policy on file at the
time of death with such officer's public safety agency,
organization, or unit, provided that such individual
survived such officer.
``(b) Payable for Lifetime.--An annual pension or share of a
pension under this section shall be paid for the lifetime of the
beneficiary, without regard to the marital status or any other status
of the beneficiary.
``SEC. 1223. PENSION AMOUNT.
``(a) Amount Used to Determine Annual Pension.--The amount used to
determine the amount of an annual pension under this subpart shall be
the greater of the following:
``(1) The annual base salary of the officer at the time of
the officer's death, adjusted in accordance with subsection
(b).
``(2) $60,000, adjusted in accordance with subsection (b).
``(b) Cost of Living Adjustments.--On October 1 of each fiscal year
beginning after the effective date of this subpart, the Bureau shall
adjust the amounts used to determine the amount of an annual pension
under this subpart immediately before such October 1 under subsection
(a), to reflect the annual percentage change in the Consumer Price
Index for All Urban Consumers, published by the Bureau of Labor
Statistics, occurring in the 1-year period ending on June 1 immediately
preceding such October 1.
``SEC. 1224. DEFINITION.
``Notwithstanding paragraph (3) of section 1204, for the purposes
of this subpart the term `child' means any natural, illegitimate,
adopted, or posthumous child or stepchild of a deceased public safety
officer.''.
TITLE III--PUBLIC SAFETY OFFICER SCHOLARSHIPS
SEC. 301. PUBLIC SAFETY OFFICER SCHOLARSHIPS.
(a) In General.--
(1) Scholarship awards.--The Secretary of Education is
authorized to award a Public Safety Officer scholarship, in
accordance with this title, to--
(A) any eligible applicant who is attending, or who
has been accepted for attendance at, any eligible
institution providing instruction for one or more
grades of kindergarten, elementary school, or secondary
school; and
(B) any eligible applicant who is enrolled, or has
been accepted for enrollment, as a full-time or part-
time postsecondary student in any eligible institution
providing a degree-granting program for one or more
postsecondary degrees.
(2) Application.--To receive a scholarship award under this
title, an eligible applicant shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. Such an application
shall be accompanied by a certification from the head of the
public safety agency, organization, or unit that employed the
public safety officer by reason of whom the applicant is
claiming eligibility, certifying that such officer is a
deceased or disabled officer, as defined in paragraph (1) of
section 305.
(b) Maximum Award.--
(1) Elementary and secondary awards.--For any academic
year, the maximum amount of a scholarship award under this
section for a kindergarten, elementary school, or secondary
school student shall not exceed the lesser of the following:
(A) The average per pupil expenditure for
elementary and secondary education of the local
educational agency for the geographic area in which the
eligible applicant resides.
(B) The actual cost to the student for attendance
at the school, including expenses such as tuition,
fees, books, transportation costs, and other related
expenses, as determined by the Secretary.
(2) Postsecondary awards.--For any academic year, the
maximum amount of a scholarship award under this section for a
postsecondary student shall not exceed the lesser of the
following:
(A) The average cost of attendance (as defined in
section 472 of the Higher Education Act of 1965 (20
U.S.C. 1087kk)), at a State university in the State in
which the student resides, for a State resident
carrying the same academic workload as the student,
with the same number of dependents as the student, and
residing in the same type of housing as the student.
(B) The actual cost of attendance (as defined in
section 472 of the Higher Education Act of 1965 (20
U.S.C. 1087kk)) of such student.
(c) Award Period.--The maximum duration of each scholarship award
under this title--
(1) for a kindergarten, elementary school, or secondary
school student, shall be the period of time normally required
for the completion of a high school diploma by a student in the
grade that the recipient is in at the time the award commences,
as determined by the Secretary; and
(2) for a postsecondary student, shall be the lesser of--
(A) the time actually required by the student to
complete the course of study for which the student is
receiving the scholarship award under this title;
(B) 6 years, in the case of a student enrolled in
undergraduate studies; or
(C) 3 years, in the case of a student enrolled in
postgraduate studies.
(d) Notification.--The Secretary shall notify the applicant and the
eligible institution of the applicant's selection for receipt of a
scholarship award under this title, and the conditions pertaining to
scholarship award eligibility and continuance.
(e) Fiscal Agent.--The Secretary shall, if practicable, use
eligible institutions as fiscal agents for the payment of scholarship
awards.
SEC. 302. ADDITIONAL AWARD REQUIREMENTS.
A student awarded a scholarship under this title shall demonstrate
to the satisfaction of the Secretary, as a condition for initial
receipt of such award and periodically thereafter as a condition for
its continuation, that the student is--
(1) maintaining satisfactory progress in the course of
study the student is pursuing--
(A) in the case of a kindergarten, elementary
school, or secondary school student, as such
satisfactory progress is determined by the Secretary;
and
(B) in the case of a postsecondary student,
consistent with section 484(c) of the Higher Education
Act of 1965;
(2) committed to remaining drug-free; and
(3) attending classes on a regular basis so as not to
interfere with the normal course of studies, except for excused
absence for vacation, illness, military service, or such other
reason deemed good cause by the eligible institution or the
Secretary.
SEC. 303. AGREEMENTS WITH ELIGIBLE INSTITUTIONS.
For the purposes of this title, the Secretary is authorized to
enter into agreements with eligible institutions in which any student
receiving a scholarship award under this title has enrolled or has been
accepted for enrollment. Each such agreement shall provide--
(1) that the institution shall cooperate with the Secretary
in carrying out this title, including the provision of
information necessary for a student to satisfy the requirements
in section 302;
(2) that the institution shall conduct a periodic review to
determine whether students enrolled at the institution and
receiving a scholarship award under this title continue to be
eligible to receive such scholarship award, and shall notify
the Secretary of the results of such reviews; and
(3) for control and accounting procedures as may be
necessary to assure proper disbursement and accounting of funds
paid to the institution under section 301(e).
SEC. 304. TREATMENT OF SCHOLARSHIPS FOR PURPOSES OF FINANCIAL AID.
Notwithstanding any other provision of law, a scholarship award
received under this title shall not be taken into account in
determining the need or eligibility of a person for student financial
assistance, or the amount of such assistance, under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 305. DEFINITIONS.
In this title:
(1) Deceased or disabled officer.--The term ``deceased or
disabled officer'' means a public safety officer with respect
to whom the Bureau of Justice Assistance has determined, in
accordance with section 1201 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796) and under regulations
issued pursuant to part L of such Act, that such public safety
officer--
(A) has died as the direct and proximate result of
a personal injury sustained in the line of duty; or
(B) has become permanently and totally disabled as
the direct result of a catastrophic injury sustained in
the line of duty.
(2) Dependent child.--The term ``dependent child'' means a
child of a deceased or disabled officer, including a stepchild
or an adopted child, who--
(A) is living with or receiving regular support
contributions from such deceased or disabled officer--
(i) at the time of the officer's death; or
(ii) at the time of the officer's totally
and permanently disabling injury; and
(B) at the start of the academic year for which a
scholarship award is received, is 25 years of age or
under.
(3) Eligible applicant.--The term ``eligible applicant''
means a person residing in a State who is any of the following:
(A) A public safety officer described in paragraph
(1)(B).
(B) An eligible spouse of a deceased or disabled
officer.
(C) A dependent child of a deceased or disabled
officer.
(4) Eligible institution.--The term ``eligible
institution'' means any public or private kindergarten,
elementary school, or secondary school as defined in section
7801 of the Elementary and Secondary Education Act of 1965, or
any institution of higher education, as defined in section 102
of the Higher Education Act of 1965, that--
(A) is located in a State; and
(B) complies with the antidiscrimination provisions
of section 601 of the Civil Rights Act of 1964 and does
not discriminate on the basis of race.
(5) Eligible spouse.--The term ``eligible spouse'' means an
individual who is the legally married husband or wife of a
deceased or disabled officer--
(A) in the case of a deceased officer, at the time
of the officer's death; or
(B) in the case of a disabled officer, at the time
of the officer's totally and permanently disabling
injury, and at the time of the determination of
eligibility for a scholarship award under this title.
(6) Public safety officer.--The term ``public safety
officer'' has the meaning given such term in section 1217 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796d-6), as added by section 104 of this Act.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(8) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any territory or possession of the United
States.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. COMPENSATION IN CASE OF DEATH.
Section 8133(b)(1) of title 5, United States Code, is amended by
striking ``or remarries before reaching age 55''.
SEC. 402. BENEFITS DEFINITION CONFORMING AMENDMENT.
Section 1204 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796b) is amended by striking ``As used in this part--
'' and inserting ``Except as otherwise expressly provided, as used in
this part--''
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on 21st Century Competitiveness.
Referred to the Subcommittee on Education Reform.
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