[Congressional Record Volume 149, Number 35 (Wednesday, March 5, 2003)]
[Senate]
[Page S3186]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY:
  S. 530. A bill to amend title 5, United States Code, to create a 
presumption that a disability or death of a Federal employee in fire 
protection activities caused by any of certain diseases is the result 
of 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 firefighters 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 firefighters are 
also employed by the Department of Veterans Affairs, and the U.S. 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 firefighters, 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 2003, which amends the Federal Employees Compensation Act to 
create a presumptive disability for firefighters 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 firefighters 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 firefighters' 
counterparts working in similar capacities on the State and local 
levels.
  The effort behind the Federal Firefighters Fairness Act of 2003 marks 
a significant advancement for firefighter health and safety. Since 
September 11, there has been an enhanced appreciation for the risks 
that firefighters and emergency response personnel face every day. 
Federal firefighters deserve our highest commendation and it is time to 
do the right thing for these important Federal employees.
  The job of firefighting 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 firefighter health and safety. The Federal Fire Fighters 
Fairness Act of 2003 will help protect the lives of our firefighters 
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 2003 on behalf of our 
Nation's Federal firefighters and emergency response personnel.
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