[Congressional Record Volume 149, Number 31 (Wednesday, February 26, 2003)]
[Senate]
[Pages S2855-S2856]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Graham of South Carolina, Ms. 
        Collins, Mr. Jeffords, Mr. Sarbanes, Mr. Schumer, Mr. Durbin, 
        Ms. Landrieu, Mr. Nelson of Florida, Mrs. Clinton, and Ms. 
        Snowe):
  S. 459. 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 proudly rise today to introduce the 
Hometown Heroes Survivors Benefits Act of 2003. I thank Senators Graham 
of South Carolina, Collins, Jeffords, Sarbanes, Schumer, Durbin, 
Landrieu, Nelson of Florida, Clinton and Snowe for joining me as 
original cosponsors of this multi-partisan legislation that 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.
  I want to begin by thanking each of our Nation's brave firefighters, 
emergency medical rescuers and law enforcement officers for the jobs 
they do for the American public day in and day out. Our public safety 
officers are often the first to respond to any crime or emergency 
situation. On September 11, the Nation saw that the first on the scene 
at the World Trade Center were the heroic firefighters, police officers 
and emergency personnel of New York City. These real-life heroes, many 
of whom gave the ultimate sacrifice, remind us of how important it is 
to support our state and local public safety partners.
  I commend Congressmen Etheridge, Weldon, Hoyer and Oxley for their 
leadership and fortitude during the last Congress on an identical bill 
in the House. I look forward to working with them again during the 
108th Congress on this important legislation.
  Last year, both the House and Senate versions of this legislation 
received the endorsement of the Fraternal Order of Police, National 
Association of Police Organizations, Congressional Fire Services 
Institute, International Association of Arson Investigators, 
International Association of Fire Chiefs, International Association of 
Fire Fighters, National Fire Protection Association, National Volunteer 
Fire Council, North American Fire Training Directors, International 
Fire Buff Associates, National Association of Emergency Medical 
Technicians, American Ambulance Association, the American Federation of 
State, County and Municipal Employees, along with over 50 additional 
national organizations. I thank all of these organizations for their 
unwavering support for this legislation.
  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 11, 2001, when scores of first 
responders raced to the World Trade Center and the Pentagon with no 
other goal but to save lives.
  Every year, hundreds of public safety officers nationwide lose their 
lives and thousands more are injured while performing duties that 
subject them to great physical risks. And while we know that 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 was established in 1976 to authorize a one-time 
financial payment to the eligible survivors of Federal, State, and 
local public safety officers for all line-of-duty deaths.
  Two years ago, 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 currently provides approximately $262,000 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 covering heart attack and stroke victims 
in the PSOB Program was not addressed at that time.
  When establishing the PSOB Program, Congress placed only three 
limitations on the payment of benefits. No award could be paid, first, 
if the death was caused by the intentional misconduct of the officer or 
by such officer's intention to bring about his own death; second, if 
voluntary intoxication of the officer was the proximate cause of such 
officer's death; or, third, to any person otherwise entitled to a 
benefit if such person's action was a substantial contributing factor 
to the death of the officer.
  In years following, however, the Justice Department began to 
interpret the Program's guidelines to exclude from benefits the 
survivors of public safety officer who die of a heart attack or stroke 
while acting in the line of duty, arguing that the attack must be 
accompanied by a traumatic injury, such as a wound or other condition 
of the body caused by external force, including injuries by bullets, 
smoke inhalation, explosives, sharp instruments, blunt objects or other 
physical blows, chemicals, electricity, climatic conditions, infectious 
diseases, radiation, and bacteria. Barred are those who suffer from 
occupational injuries, such as stress and strain.
  Service-connected heart, lung, and hypertension conditions are silent 
killers of public safety officers nationwide. The numerous hidden 
health dangers dealt with by police officers, firefighters and 
emergency medical personnel are widely recognized, but officers face 
these dangers in order to carry out their sworn duty to serve and 
protect their fellow citizens.
  Our multi-partisan bill would effectively erase any distinction 
between traumatic and occupational injuries. The Hometown Heroes bill 
will fix the loophole in the PSOB Program to ensure that the survivors 
of public safety officers who die of heart attacks or strokes in the 
line of duty or within 24 hours of a triggering effect while on duty 
regardless of whether a traumatic injury is present at the time of the 
heart attack or stroke are eligible to receive financial assistance.
  I was serving my first term in the Senate when this program was 
established, and I firmly believe that this is what Congress meant for 
the survivors of our Nation's first responders to receive through the 
Public Safety Officers Benefits Program.
  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 in Vermont 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 of officers who die in the line of duty 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.

[[Page S2856]]

  First responders across the country now face a new series of 
challenges as they respond to millions of emergency calls this year. 
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 the Senate to show its support and appreciation for 
these extraordinarily brave and heroic public safety officers by 
passing the Hometown Heroes Survivors Benefit Act.
  I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 459

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Hometown Heroes Survivors 
     Benefits Act of 2003''.

     SEC. 2. FATAL HEART ATTACK OR STROKE ON DUTY PRESUMED TO BE 
                   DEATH IN LINE OF DUTY FOR PURPOSES OF PUBLIC 
                   SAFETY OFFICER SURVIVOR BENEFITS.

       Section 1201 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3796) is amended by adding at the end 
     the following:
       ``(k) For purposes of this section, if a public safety 
     officer dies as the direct and proximate result of a heart 
     attack or stroke suffered while on duty, or not later than 24 
     hours after participating in a training exercise or 
     responding to an emergency situation, that officer shall be 
     presumed to have died as the direct and proximate result of a 
     personal injury sustained in the line of duty.''.

     SEC. 3. APPLICABILITY.

       Section 1201(k) of the Omnibus Crime Control and Safe 
     Streets Act of 1968, as added by section 2, shall apply to 
     deaths occurring on or after January 1, 2003.
                                 ______