[Congressional Record Volume 150, Number 101 (Tuesday, July 20, 2004)]
[Senate]
[Page S8481]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SPECTER:
  S. 2695. A bill to amend the Omnibus Crime Control and Safe Streets 
Act of 1968 to expand the definition of firefighter to include 
apprentices and trainees, regardless of age or duty limitations; read 
the first time.
  Mr. SPECTER. Mr. President, I seek recognition today to introduce the 
Christopher Kangas Fallen Firefighter Apprentice Act, a bill designed 
to correct a flaw in the current definition of ``firefighter'' under 
the Public Safety Officer Benefits Act.
  On May 4, 2002, 14-year-old Christopher Kangas was struck by a car 
and killed while he was riding his bicycle in Brookhaven, PA. The local 
authorities later confirmed that Christopher was out on his bike that 
day for an important reason: Chris Kangas was a junior firefighter, and 
he was responding to a fire emergency.
  Under Pennsylvania law, 14- and 15-year-olds such as Christopher are 
permitted to serve as volunteer junior firefighters. While they are not 
allowed to operate heavy machinery or enter burning buildings, the law 
permits them to fill a number of important support roles, such as 
providing first aid. In addition, the junior firefighter program is an 
important recruitment tool for fire stations throughout the 
Commonwealth. In fact, prior to his death Christopher had received 58 
hours of training that would have served him well when he graduated 
from the junior program.
  It is clear to me that Christopher Kangas was a firefighter killed in 
the line of duty. Were it not for his status as a junior firefighter 
and his prompt response to a fire alarm, Christopher would still be 
alive today. Indeed, the Brookhaven Fire Department, Brookhaven 
Borough, and the Commonwealth of Pennsylvania have all recognized 
Christopher as a fallen public safety officer and provided the 
appropriate death benefits to his family.

  Yet while those closest to the tragedy have recognized Christopher as 
a fallen firefighter, the Federal Government has not. The Department of 
Justice announced that Christopher Kangas was not a ``firefighter,'' 
and therefore not a ``public safety officer'' for purposes of the 
Public Safety Officer Benefits Act. The DOJ based its determination on 
an arbitrarily narrow definition of ``firefighter,'' deciding that the 
only people who qualify as firefighters are those who play the starring 
role of spraying water on a fire or entering a burning building. 
According to this definition, those who play the essential supporting 
roles of directing traffic, performing first aid, or dispatching fire 
vehicles apparently don't count.
  Any firefighter will tell you that there are many important roles to 
play in fighting a fire beyond operating the hoses and ladders. 
Firefighting is a team effort, and everyone in the Brookhaven Fire 
Department viewed young Christopher as a full member of their team.
  As a result of this DOJ determination, Christopher's family will not 
receive a $267,000 Federal line-of-duty benefit. In addition, 
Christopher will be barred from taking his rightful place on the 
National Fallen Firefighters Memorial in Emmitsburg, MD. For a young 
man who dreamed of being a firefighter and gave his life rushing to a 
fire, keeping him off of the memorial is a particularly cruel blow.
  The bill I introduce today will ensure that the Federal Government 
will recognize Christopher Kangas and others like him as firefighters. 
The bill clarifies that all firefighters will be recognized as such 
``regardless of age, status as an apprentice or trainee, or duty 
restrictions imposed because of age or status as an apprentice or 
trainee.'' The bill applies retroactively back to May 4, 2002 so that 
Christopher can benefit from it.
  My bill is a companion to H.R. 4472, introduced by Congressman Curt 
Weldon, Congressman Weldon, who is himself a former fireman and fire 
chief, is chairman of the Congressional Fire Services Caucus. There is 
no one in Congress better suited to understand this situation than 
Congressman Weldon, and I am honored to join him in the effort to right 
this wrong.
  I am submitting together with this bill a request under Senate rule 
XIV that the bill be placed directly on the Senate calendar and not be 
referred to committee. This is a noncontroversial, technical bill. I 
hope that my colleagues will join me in ensuring its speedy passage 
into law.
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