[Congressional Record Volume 147, Number 176 (Tuesday, December 18, 2001)]
[Senate]
[Page S13469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY:
  S. 1845. A bill to amend title 5, United States Code, to create a 
presumption that disability of a Federal employee in fire protection 
activities caused by certain conditions is presumed to result from the 
performance of such employee's duty; to the Committee on Governmental 
Affairs.
  Mr. KERRY. Mr. President, today I am introducing legislation on 
behalf of thousands of Federal fire fighters and emergency response 
personnel worldwide who, at great risk to their own personal health and 
safety, protect America's defense, our veterans, Federal wildlands, and 
national treasures. Although the majority of these important Federal 
employees work for the Department of Defense, Federal fire fighters are 
also employed by the Department of Veterans Affairs, and the United 
States Park Service. From first-response emergency care services on 
military installations around the world to front-line defense against 
raging forest fires here at home, we call on these brave men and women 
to protect our national interests.
  Yet under Federal law, compensation and retirement benefits are not 
provided to Federal employees who suffer from occupational illnesses 
unless they can specify the conditions of employment which caused their 
disease. This onerous requirement makes it nearly impossible for 
Federal fire fighters, who suffer from occupational diseases, to 
receive fair and just compensation or retirement benefits. The 
bureaucratic nightmare they must endure is burdensome, unnecessary, and 
in many cases, overwhelming. It is ironic and unjust that the very 
people we call on to protect our Federal interests are not afforded the 
very best health care and retirement benefits our Federal Government 
has to offer.
  Today, I introduced legislation, the Federal Fire Fighters Fairness 
Act of 2001, which amends the Federal Employees Compensation Act to 
create a presumptive disability for fire fighters who become disabled 
by heart and lung disease, cancers such as leukemia and lymphoma, and 
infectious diseases like tuberculosis and hepatitis. Disabilities 
related to the cancers, heart, lung, and infectious diseases enumerated 
in this important legislation would be considered job related for 
purposes of workers compensation and disability retirement, entitling 
those affected to the health care coverage and retirement benefits that 
they deserve.
  Too frequently, the poisonous gases, toxic byproducts, asbestos, and 
other hazardous substances with which Federal fire fighters and 
emergency response personnel come in contact, rob them of their health 
livelihood, and professional careers. The Federal Government should not 
rob them of necessary benefits. Thirty-eight States have already 
enacted a similar disability presumption law for Federal fire fighters' 
counterparts working in similar capacities on the State and local 
levels.
  The effort behind the Federal Fire Fighters Fairness Act of 2001 
marks a significant advancement for fire fighter health and safety. 
Since September 11, there has been an enhanced appreciation for the 
risks that fire fighters and emergency response personnel face 
everyday. Federal fire fighters deserve our highest commendation and it 
is time to do the right thing for these important Federal employees.
  The job of fire fighting continues to be complex and dangerous. The 
nationwide increase in the use of hazardous materials, the recent rise 
in both natural and manmade disasters, and the threat of terrorism pose 
new threats to fire fighter health and safety. The Federal Fire 
Fighters Fairness Act of 2001 will help protect the lives of our fire 
fighters and it will provide them with a vehicle to secure their health 
and safety.
  I urge my colleagues to embrace this bipartisan effort and support 
the Federal Fire Fighters Fairness Act of 2001 on behalf of our 
Nation's Federal fire fighters and emergency response personnel.

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