I
109th CONGRESS
2d Session
H. R. 6262
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.
Short title
This Act may be cited as the
Special Agent Scott K. Carey Public
Safety Officer Benefits Enhancement Act
.
Educational assistance to officers disabled in the line of duty
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—
by striking
a dependent
and inserting an eligible dependent
;
and
by striking
education
and all that follows through the period at the end and
inserting education.
.
Applications; Approval
Section 1213 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d–2) is amended—
in subsection (b)—
by striking
the dependent
each place it appears and inserting the
applicant
; and
by striking
the dependent’s
each place it appears and inserting the
applicant’s
; and
in subsection (c),
by striking a dependent
and inserting an
applicant
.
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:
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—
dies in the line of duty on or after January 1, 1978; or
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.
.
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:
The term eligible dependent means—
any public safety officer who is eligible to receive benefits under section 1201(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
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.
The term public safety officer includes—
any public safety officer described in paragraph (9) of section 1204; and
any other individual who is employed by any Federal, State, county, or local agency and, as a result of such employment, is—
empowered by law to conduct an investigation of or to make an arrest for a felony offense; or
authorized by law to prosecute or participate in the prosecution of a felony offense.
.
Survivor Pensions
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:
Survivor Pensions
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.
Payments to beneficiaries
Beneficiaries determined
An annual pension under this subpart shall be paid to one or more survivors of the deceased public safety officer as follows:
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.
If there is no surviving spouse, but—
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;
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;
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
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.
If there is no surviving spouse or surviving child, but—
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
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.
If none of the above, a pension equal to 20 percent of the applicable amount under section 1223(a), paid—
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
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.
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.
Pension amount
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:
The annual base salary of the officer at the time of the officer’s death, adjusted in accordance with subsection (b).
$60,000, adjusted in accordance with subsection (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.
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.
.
Public safety officer scholarships
Public Safety Officer Scholarships
In general
Scholarship awards
The Secretary of Education is authorized to award a Public Safety Officer scholarship, in accordance with this title, to—
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
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.
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.
Maximum award
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:
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.
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.
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:
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.
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.
Award period
The maximum duration of each scholarship award under this title—
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
for a postsecondary student, shall be the lesser of—
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;
6 years, in the case of a student enrolled in undergraduate studies; or
3 years, in the case of a student enrolled in postgraduate studies.
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.
Fiscal agent
The Secretary shall, if practicable, use eligible institutions as fiscal agents for the payment of scholarship awards.
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—
maintaining satisfactory progress in the course of study the student is pursuing—
in the case of a kindergarten, elementary school, or secondary school student, as such satisfactory progress is determined by the Secretary; and
in the case of a postsecondary student, consistent with section 484(c) of the Higher Education Act of 1965;
committed to remaining drug-free; and
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.
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—
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;
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
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).
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.).
Definitions
In this title:
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—
has died as the direct and proximate result of a personal injury sustained in the line of duty; or
has become permanently and totally disabled as the direct result of a catastrophic injury sustained in the line of duty.
Dependent child
The term dependent child means a child of a deceased or disabled officer, including a stepchild or an adopted child, who—
is living with or receiving regular support contributions from such deceased or disabled officer—
at the time of the officer’s death; or
at the time of the officer’s totally and permanently disabling injury; and
at the start of the academic year for which a scholarship award is received, is 25 years of age or under.
Eligible applicant
The term eligible applicant means a person residing in a State who is any of the following:
A public safety officer described in paragraph (1)(B).
An eligible spouse of a deceased or disabled officer.
A dependent child of a deceased or disabled officer.
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—
is located in a State; and
complies with the antidiscrimination provisions of section 601 of the Civil Rights Act of 1964 and does not discriminate on the basis of race.
Eligible spouse
The term eligible spouse means an individual who is the legally married husband or wife of a deceased or disabled officer—
in the case of a deceased officer, at the time of the officer’s death; or
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.
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.
Secretary
The term Secretary means the Secretary of Education.
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.
Miscellaneous provisions
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
.
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—