[Congressional Record Volume 148, Number 136 (Wednesday, October 16, 2002)]
[Senate]
[Page S10573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. LEAHY (for himself, Mr. Jeffords, and Ms. Collins):
S. 3114. A bill to ensure that a public safety officer who suffers a
fatal heart attack or stroke while on duty shall be presumed to have
died in the line of duty for purposes of public safety officer survivor
benefits; to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, I rise today with Senators Jeffords and
Collins to introduce the Hometown Heroes Survivors Benefits Act of
2002. Our bipartisan legislation will improve the Department of
Justice's Public Safety Officers' Benefits, PSOB, Program by allowing
families of public safety officers who suffer fatal heart attacks or
strokes to qualify for Federal survivor benefits.
Public safety officers are among our most brave and dedicated public
servants. I applaud the efforts of all members of fire, law
enforcement, and rescue organizations nationwide who are the first to
respond to more than 1.6 million emergency calls annually, whether
those calls involve a crime, fire, medical emergency, spill of
hazardous materials, natural disaster, act of terrorism, or
transportation accident, without reservation. They act with an
unwavering commitment to the safety and protection of their fellow
citizens, and are forever willing to selflessly sacrifice their own
lives to provide safe and reliable emergency services to their
communities. Sadly, this dedication to service can result in tragedy,
as was evident by the bravery displayed on September 11th.
In the days and months since September 11th, I have been particularly
touched by the stories of unselfish sacrifices made by scores of New
York City first responders who bravely entered the World Trade Center
that day with the singular goal of saving lives. More than one hundred
firefighters in America lose their lives every year and thousands are
injured in the line of duty. While PSOB benefits can never be a
substitute for the loss of a loved one, the families of all our fallen
heroes deserve to collect these funds.
The PSOB Program provides a one-time financial benefit to the
eligible survivors of federal, state, and local public safety officers
whose deaths are the direct and proximate result of a traumatic injury
sustained in the line of duty. Last year, Congress improved the PSOB
Program by streamlining the process for families of public safety
officers killed or injured in connection with prevention,
investigation, rescue or recovery efforts related to a terrorist
attack. We also retroactively increased the total benefits available by
$100,000 as part of the USA PATRIOT Act. The PSOB Program now provides
approximately $250,000 in benefits to the families of law enforcement
officers, firemen, emergency response squad members, and ambulance crew
members who are killed in the line of duty. Unfortunately, the issue of
including heart attack and stroke victims in the PSOB Program was not
addressed at that time.
The PSOB Program does not cover deaths resulting from occupational
illness or pulmonary or heart disease unless a traumatic injury is a
substantial factor to the death. However, if toxicology reports
demonstrate a carbon monoxide level of 10 percent or greater, 15
percent or greater for the smoker, at the onset of a heart attack
benefits are paid. The PSOB Program has developed a formula that
addresses oxygen therapy provided to the victim prior to the death.
Heart attack and cardiac related deaths account for almost half of
all firefighter fatalities, between 45-50 deaths, and an average of 13
police officer deaths each year. Yet the families of these fallen
heroes are rarely eligible to receive PSOB benefits. In January 1978,
special Deputy Sheriff Bernard Demag of the Chittenden County Sheriff's
Office suffered a fatal heart attack within two hours of his chase and
apprehension of an escaped juvenile whom he had been transporting. Mr.
Demag's family spent nearly two decades fighting in court for workers'
compensation death benefits all to no avail. Clearly, we should be
treating surviving family members with more decency and respect.
Public safety is dangerous, exhausting, and stressful work. A first
responder's chances of suffering a heart attack or stroke greatly
increase when he or she puts on heavy equipment and rushes into a
burning building to fight a fire and save lives. The families of these
brave public servants deserve to participate in the PSOB Program if
their loved ones die of a heart attack or other cardiac related
ailments while selflessly protecting us from harm.
First responders across the country now face a new series of
challenges as they respond to over 1.6 million emergency calls this
year, from responding to fires and hazardous material spills to
providing emergency medical services to reacting to weapons of mass
destruction. They do this with an unwavering commitment to the safety
of their fellow citizens, and are forever willing to selflessly
sacrifice their own lives to protect the lives and property of their
fellow citizens. It is time for Congress to show its support and
appreciation for these extraordinarily brave and heroic public safety
officers. We should quickly work to pass the Hometown Heroes Survivors
Benefit Act.
Mr. JEFFORDS. Mr. President, I am pleased to join with Senators Leahy
and Collins in introducing the Senate counterpart of the Hometown
Heroes Survivors Benefits Act of 2002. This legislation closes a gap in
the survivor benefits the Federal Government provides to the families
of public safety officers who die in the line of duty.
These public safety officers are the people that keep our streets
safe, help to fight fires, and respond to emergency calls. The Federal
Government has rightfully created a one-time financial benefit for the
families of public safety officers who die in the line of duty to
recognize the sacrifice and importance of public safety officers in our
society.
Unfortunately, due to a technicality in the law some families of
public safety officers that die of a heart attack or stroke are being
denied this important financial benefit. This is unacceptable and we
need to make sure that we enact this legislation to ensure that the
families of these public safety officers are covered.
Many years ago I was a volunteer firefighter in my small town of
Shrewsbury, VT. It was a very demanding, stressful, and exhausting job.
Every year almost half the firefighter fatalities in the United States
are from heart attack or cardiac related reasons. Not all of these
deaths occur while fighting the fire, but are related to their
unselfish dedication to the task at hand.
This legislation would provide that a public safety officer who dies
as the result of a heart attack or stroke suffered while on duty or
within 24 hours after participating in a training exercise or
responding to an emergency situation shall be presumed to have died as
the direct and proximate result of a personal injury sustained in the
line of duty for purposes of survivor benefits. These public safety
officers are out there everyday ensuring our safety; Congress needs to
ensure that the surviving families receive this important financial
benefit.
I encourage my colleagues to join me in recognizing the heroism and
sacrifice of public safety officers by co-sponsoring this important
legislation.
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