text: 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--''
target: 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.
feat_title: 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.