[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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