I 
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 Com-
mittee 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 dis-
abled in the line of duty, and for the spouses and chil-
dren 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 Representa-
tives 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’’. 
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TITLE I—EDUCATIONAL ASSIST-
ANCE 
TO 
OFFICERS 
DIS-
ABLED 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 ‘‘edu-
cation.’’. 
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’’. 
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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 sus-
tained 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 eligi-
ble 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 
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‘‘(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 offi-
cer’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 sub-
part: 
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‘‘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 de-
ceased public safety officer in accordance with this sub-
part. 
‘‘SEC. 1222. PAYMENTS TO BENEFICIARIES. 
‘‘(a) BENEFICIARIES DETERMINED.—An annual pen-
sion under this subpart shall be paid to one or more sur-
vivors of the deceased public safety officer as follows: 
‘‘(1) If there is a surviving spouse of such offi-
cer, 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 ap-
plicable 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 
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the applicable amount under section 1223(a), 
paid to the children in equal shares; or 
‘‘(D) there are four or more surviving chil-
dren of such officer, a pension equal to 60 per-
cent 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 ap-
plicable 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 indi-
vidual designated by such officer as beneficiary 
under this subpart in the officer’s most recently 
executed designation of beneficiary on file at 
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the time of death with such officer’s public safe-
ty 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 des-
ignated by such officer as beneficiary under 
such officer’s most recently executed life insur-
ance 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 mar-
ital status or any other status of the beneficiary. 
‘‘SEC. 1223. PENSION AMOUNT. 
‘‘(a) AMOUNT USED TO DETERMINE ANNUAL PEN-
SION.—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 accord-
ance with subsection (b). 
‘‘(2) $60,000, adjusted in accordance with sub-
section (b). 
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