[House Report 107-384]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-384
======================================================================
MYCHAL JUDGE POLICE AND FIRE CHAPLAINS PUBLIC SAFETY OFFICERS' BENEFIT
ACT OF 2002
_______
April 9, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 3297]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 3297) to amend the Omnibus Crime Control and Safe
Streets Act of 1968 to ensure that chaplains killed in the line
of duty receive public safety officer death benefits, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Vote of the Committee............................................ 3
Committee Oversight Findings..................................... 3
Performance Goals and Objectives................................. 3
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Constitutional Authority Statement............................... 5
Section-by-Section Analysis and Discussion....................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Markup Transcript................................................ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mychal Judge Police and Fire
Chaplains Public Safety Officers' Benefit Act of 2002''.
SEC. 2. BENEFITS FOR CHAPLAINS.
(a) In General.--Section 1204 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796b) is amended--
(1) by redesignating paragraphs (2) through (7) as (3)
through (8), respectively;
(2) by inserting after paragraph (1) the following:
``(2) `chaplain' means any individual serving as an
officially recognized or designated member of a legally
organized volunteer fire department or legally organized police
department, or an officially recognized or designated public
employee of a legally organized fire or police department who
was responding to a fire, rescue, or police emergency;''; and
(3) in subparagraph (A) of paragraph (8), as redesignated
by paragraph (1), by inserting after ``firefighter,'' the
following: ``as a chaplain,''.
(b) Eligible Beneficiaries.--Section 1201(a) of such Act (42 U.S.C.
3796(a)) is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) if there is no surviving spouse or surviving child,
to the individual designated by such officer as beneficiary
under such officer's most recently executed life insurance
policy, provided that such individual survived such officer;
or''.
(c) Effective Date.--The amendments made by this section shall take
effect on September 11, 2001, and shall apply to injuries or deaths
that occur in the line of duty on or after such date.
Purpose and Summary
The purpose of H.R. 3297 is to restructure the Public
Safety Officers Benefits program administered by the Bureau of
Justice Assistance by specifically including chaplains as a
position covered within law enforcement and firefighting units
as well as broadening those who may receive such benefits in
the event of a death in the line of duty by including as a
potential beneficiary the named persons who are listed on the
most recently executed life insurance policy. Currently, the
definition is such that it is not clear whether chaplains who
are employed by police and fire departments and who die in the
line of duty are allowed Public Safety Officer Benefits and,
when benefits are paid, beneficiaries are limited to spouses,
children, and parents.
Background and Need for the Legislation
On September 11, 2001, Father Mychal F. Judge, chaplain
with the New York City Fire Department, was struck in the head
by debris at the World Trade Center, as he was ministering to
victims of the horrific event. He died as a result and was
survived only by his two sisters.
Under 42 U.S.C. Sec. 3796, the Bureau of Justice Assistance
(BJA) is allowed to determine whether or not a public officer
has died as a direct or proximate cause of a personal injury
sustained in the line of duty, and if such criteria is met the
Bureau is directed to pay a monetary benefit of $250,000 to
such officers surviving family members. Although the BJA
decided Father Judge was eligible for payment of death
benefits, none were paid to his life insurance beneficiaries as
they did not meet the qualifications of 42 U.S.C. Sec. 3796(a).
Father Judge had never married, never had children, and had
outlived his parents, thus no individual qualified as a
beneficiary under existing law. However, Father Judge was
survived by his two sisters, both of whom were ineligible under
current law to receive the death benefit.
Currently, 42 U.S.C. Sec. 3796b defines the term ``public
safety officers'' for the purpose of determining who is
eligible for the Public Safety Officers Benefit. Those eligible
are limited in scope to law enforcement officers, firefighters,
members of rescue teams or ambulance crews, an employee of FEMA
under certain conditions, and members of State, local, or
tribal emergency management or civil defense agencies who are
performing official duties in cooperation with FEMA . Although
the language of existing law could be interpreted to include
chaplains, H.R. 3297 would resolve any existing ambiguity. The
bill specifically names the chaplain as a recognized
subdivision of public servant who may benefit from the Public
Safety Officers Benefits as long as they are associated with
either a police or fire department and are responding to a
fire, rescue, or police emergency.
Additionally, H.R. 3297 would expand the list of who would
be allowed to receive such a benefit in the event of a death
which occurred in the line of duty. Current law restricts such
beneficiaries to the spouse, child, or parent of the decedent.
H.R. 3297 would expand this list, which would still give
priority to spouses and children, but in the event that neither
survived the officer, would allow the monetary benefit to be
paid to the individual designated by such officer as
beneficiary under that officer's most recently executed life
insurance policy. In the event that there was no such
individual named or that an individual so named did not survive
the officer, the benefit would then be paid to the parents of
the officer.
Hearings
No hearings were held on H.R. 3297.
Committee Consideration
On March 7, 2002, the Committee met in open session and
ordered favorably reported the bill H.R. 3297 with amendment by
voice vote, a quorum being present.
Vote of the Committee
An amendment was offered by Mr. Nadler (for himself and Mr.
Sensenbrenner) to insert language on page 3, lines 2 through 5,
by striking ``person'' in both places such term appears and
inserting ``individual''. The amendment was agreed to by voice
vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Performance Goals and Objectives
H.R. 3297 does not authorize funding. Therefore, clause
3(c) of rule XIII of the Rules of the House of Representatives
is inapplicable.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 3297, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 28, 2002.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3297, the Mychal
Judge Police and Fire Chaplains Public Safety Officers' Benefit
Act of 2001.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 3297--Mychal Judge Police and Fire Chaplains Public Safety
Officers' Benefit Act of 2001.
CBO estimates that enacting H.R. 3297 would increase direct
spending by about $2 million in fiscal year 2002 and by less
than $500,000 in each year thereafter. Because the bill would
affect direct spending, pay-as-you-go procedures would apply.
H.R. 3297 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
For incidents occurring on or after September 11, 2001,
H.R. 3297 would make chaplains of fire and police departments
eligible for the benefits available to public safety officers
who have died or who have been permanently disabled as a result
of injuries sustained in the line of duty. Under current law,
the families of public safety officers who have died as a
result of such injuries are eligible for a payment of $250,000.
Officers who have been permanently disabled are eligible for
the same payment; however, this payment is subject to the
availability of appropriations. Based on information from the
Department of Justice, CBO estimates that this provision of
H.R. 3297 would cost less than $500,000 annually because it is
extremely rare for a police or fire chaplain to be killed in
the line of duty. There was one fire department chaplain killed
in the September 11th attacks in New York: Father Mychal Judge.
In addition, for incidents occurring on or after September
11, 2001, H.R. 3297 would expand the list of eligible
recipients for the $250,000 death benefit. The bill would allow
for payments to individuals that are named on a deceased
officer's life insurance policy other than spouses, children,
and parents, who currently are eligible to receive the $250,000
payment.
Of the approximately 450 public safety officers killed in
the September 11th attacks, there are 10 individuals known to
have died without spouses, children, or parents, so the
$250,000 death benefit will not be paid under current law.
Based on information from the Department of Justice and from
associations representing police officers and firefighters, CBO
expects that a majority of the 10 deceased individuals had life
insurance policies, thus the beneficiaries of those policies
would be eligible for a $250,000 payment under H.R. 3297. We
estimate that enacting H.R. 3297 would increase direct spending
by about $2 million in fiscal year 2002.
For fiscal year 2003 and subsequent years, CBO estimates
that H.R. 3297 would cost less than $500,000 annually for death
benefits paid to life insurance beneficiaries. The events of
September 11, 2001, resulted in an unusually high number of
public safety officer deaths that affect Federal payments in
fiscal year 2002; in most years, payments to survivors of
public safety officers have numbered about 200. It is very
unusual for an officer to die in the line of duty with no
spouse, children, or parents, according to associations for
police officers and firefighters. Aside from the 10 cases
resulting from the attacks of September 11, 2001, there have
been no such cases reported in recent years.
The CBO staff contact for this estimate is Mark Grabowicz,
who can be reached at 226-2860. This estimate was approved by
Peter H. Fontaine, Deputy Assistant Director for Budget
Analysis.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in Article I, section 8, clause 18 of the
Constitution.
Section-by-Section Analysis and Discussion
Section 1. Short Title
This act may be cited as the ``Mychal Judge Police and Fire
Chaplains Public Safety Officers' Benefit Act of 2002.''
Section 2. Benefits for Chaplains
Subsection (a) amends section 1204 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796(b)) to
make chaplains eligible for the Public Safety Officers Benefit.
It also defines the term ``chaplain'' as any individual serving
as an officially recognized or designated member of a legally
organized volunteer fire department or legally organized police
department, or an officially recognized or designated public
employee of a legally organized fire or police department who
was responding to a fire, rescue, or police emergency.
Subsection (b) amends section 1201(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796(a)) to
expand eligible beneficiaries to include individuals named on
life insurance policies.
Subsection (c) makes H.R. 3297 retroactive, stating that
``the amendments made by this section shall take effect on
September 11, 2001, and shall apply to injuries or deaths that
occur in the line of duty on or after such date.''
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
Part L--Public Safety Officers' Death Benefits
Subpart 1--Death Benefits
payments
Sec. 1201. (a) In any case in which the Bureau of Justice
Assistance (hereinafter in this part referred to as the
``Bureau'') determines, under regulations issued pursuant to
this part, that a public safety officer has died as the direct
and proximate result of a personal injury sustained in the line
of duty, the Bureau shall pay a benefit of $250,000, adjusted
in accordance with subsection (h), as follows:
(1) * * *
* * * * * * *
(3) if there is no surviving spouse, to the child
or children of such officer in equal shares; [or]
(4) if there is no surviving spouse or surviving
child, to the individual designated by such officer as
beneficiary under such officer's most recently executed
life insurance policy, provided that such individual
survived such officer; or
[(4)] (5) if none of the above, to the parent or
parents of such officer in equal shares.
* * * * * * *
DEFINITIONS
Sec. 1204. As used in this part--
(1) * * *
(2) ``chaplain'' means any individual serving as an
officially recognized or designated member of a legally
organized volunteer fire department or legally
organized police department, or an officially
recognized or designated public employee of a legally
organized fire or police department who was responding
to a fire, rescue, or police emergency;
[(2)] (3) ``child'' means any natural,
illegitimate, adopted, or posthumous child or stepchild
of a deceased public safety officer who, at the time of
the public safety officer's death, is--
(i) * * *
* * * * * * *
[(3)] (4) ``firefighter'' includes an individual
serving as an official recognized or designated member
of a legally organized volunteer fire department and an
officially recognized or designated public employee
member of a rescue squad or ambulance crew;
[(4)] (5) ``intoxication'' means a disturbance of
mental or physical faculties resulting from the
introduction of alcohol into the body as evidence by--
(i) * * *
* * * * * * *
or resulting from drugs or other substances in the
body;
[(5)] (6) ``law enforcement officer'' means an
individual involved in crime and juvenile delinquency
control or reduction, or enforcement of the laws,
including, but not limited to, police, corrections,
probation, parole, and judicial officers;
[(6)] (7) ``public agency'' means the United
States, any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, Guam, American Samoa, the
Trust Territory of the Pacific Islands, the
Commonwealth of the Northern Mariana Islands, and any
territory or possession of the United States, or any
unit of local government, agency, or instrumentality of
any of the foregoing; and
[(7)] (8) ``public safety officer'' means--
(A) an individual serving a public agency
in an official capacity, with or without
compensation, as a law enforcement officer, as
a firefighter, as a chaplain, or as a member of
a rescue squad or ambulance crew;
* * * * * * *
Markup Transcript
BUSINESS MEETING
THURSDAY, MARCH 7, 2002
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 9:35 a.m., in
Room 2141, Rayburn House Office Building, Hon. F. James
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
Chairman Sensenbrenner. The Committee will be in order.
[Intervening business.]
Pursuant to notice, I now call up the bill H.R. 3297, the
``Mychal Judge Police and Fire Chaplains Public Safety
Officers' Benefit Act of 2001'' for purposes of markup and move
its favorable recommendation to the House. Without objection,
the bill will be considered as read and open for amendment at
any time.
[The bill, H.R. 3297, follows:]
Chairman Sensenbrenner. I ask unanimous consent that all
Members, including the Chair, be allowed to insert opening
statements in the record at this point in time, and recognize
the gentleman from New York, Mr. Nadler, for an amendment.
[The prepared statement of Mr. Sensenbrenner follows:]
Prepared Statement of the Honorable F. James Sensenbrenner, Jr., a
Representative in Congress From the State of Wisconsin
Once again, this Committee has reason to visit the events of
September 11. Through the tragedy of that day, we have heard countless
stories, and have tried to do what we could as a Committee to remedy
that which we may legislatively address. H.R. 3297 is one such remedy
which stems from one such story.
Father Mychal F. Judge, a priest who years earlier had consoled the
families of TWA Flight 800 after it exploded off of Long Island and who
had gone on a recent peace mission to Northern Ireland, had been a
chaplain with the New York City Fire Department since 1992. Acting in
his capacity as chaplain, he was present at the World Trade Center
after the attack commenced, ministering to the victims of that
horrendous deed, when a rain of debris showered over him, resulting in
his death.
H.R. 3297 is given a short name in recognition of Father Judge and
his efforts, while addressing two concerns brought up under current law
which his situation has brought to light. Under current law, the Bureau
of Justice Assistance is directed to make payment of monetary benefits
to survivors of public safety officers who are killed in the line of
duty. This bill addresses any ambiguity which may exist in existing
legal language, specifically naming chaplains who are in service as
being covered by the same criteria as other public service officers.
Additionally, this bill would allow for the beneficiary under that
officer's most recently executed life insurance policy to receive the
monetary benefit administered by the Bureau of Justice Assistance in
the case that the deceased had neither a spouse or a child left as a
survivor.
I urge all Members to support H.R. 3297.
[The prepared statement of Mr. Nadler follows:]
Prepared Statement of the Honorable Jerrold Nadler, a Representative in
Congress From the State of New York
The ``Mychal Judge Police and Fire Chaplains Public Safety
Officers' Benefit Act of 2001"
Thank you for yielding time.
I ask unanimous consent to include in the record this letter from
the National Association of Police Organizations in support of H.R.
3297. Thank you.
Mr. Chairman, I strongly support the Mychal Judge Police and Fire
Chaplains Public Safety Officers' Benefit Act.
I worked closely with Rep. Manzullo on this bill to extend the
Public Safety Officers Benefit Program (PSOB) to chaplains, and I want
to thank the Chairman for bringing this bill before the Committee for a
markup so expeditiously.
Franciscan Friar Mychal Judge was a pastor at the Church of St.
Francis of Assisi on West 31st Street in Manhattan. He was a well known
New York City Fire Department Chaplain and he helped console the
families of the victims of Trans World Airways Flight 800 that crashed
off the coast of Long Island in 1996.
On September 11, 2001, when the first plane hit tower Tower 1 of
the World Trade Center, Father Judge joined his fellow firefighters by
rushing to the scene. New York City Mayor Rudy Guiliani later said he
saw the Chaplain at the scene and asked him to pray for us. The
Chaplain was there providing support and administering last rites to
the suffering victims of the attacks.
Tragically, Father Judge was killed at the World Trade Center.
Clearly, Father Judge provided heroic service to our nation and ought
to be eligible for the PSOB program.
As you know, the PSOB provides financial and emotional assistance
to the families of public safety officers killed in the line of duty
and to officers who are permanently and totally disabled as the result
of traumatic injuries sustained in the line of duty.
Father Judge is one of several chaplains who have died in the line
of duty. This bill would acknowledge their service to our country by
clarifying their eligibility in the PSOB program and by enabling their
designated beneficiaries to access the benefits provided by the
program.
I fully support this bill and I urge my colleagues to support it as
well.
Mr. Nadler. Thank you, Mr. Chairman.
Before I offer the amendment, I ask unanimous consent to
include in the record this letter in support of the bill from
the National Association of Police Organizations.
Chairman Sensenbrenner. Without objection.
[The information referred to follows:]
Mr. Nadler. Thank you, Mr. Chairman. I have an amendment at
the desk.
Chairman Sensenbrenner. Without objection, the clerk will
report the amendment. And without objection, the amendment is
considered as read.
[The amendment follows:]
Chairman Sensenbrenner. The gentleman from New York is
recognized for 5 minutes.
And without objection, the amendment is adopted.
[Laughter.]
Mr. Nadler. Thank you, Mr. Chairman.
Chairman Sensenbrenner. Are there further amendments?
Hearing none, the question occurs on the motion to report the
bill H.R. 3297 favorably as amended. The Chair notes the
presence of a reporting quorum.
All in favor say aye.
Opposed, no.
The ayes appear to have it. The ayes have it. The motion to
report favorably is adopted. Without objection, the bill will
be reported favorably to the House in the form of a single
amendment in the nature of a substitute, incorporating the
amendment adopted today.
Without objection, the Chair is authorized to move to go to
conference pursuant to House Rules. Without objection, the
staff is directed to make any technical and conforming changes.
And all Members will be given 2 days as provided by House Rules
in which to submit additional dissenting, supplemental, or
minority views.
And there being no further business to come before the
Committee, the Committee stands adjourned.
[Whereupon, at 11:25 a.m., the Committee was adjourned.]