[Congressional Record Volume 151, Number 22 (Wednesday, March 2, 2005)]
[Senate]
[Page S1932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SPECTER (for himself, Mr. Santorum, and Mr. Leahy):
  S. 491. 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; to the 
Committee on the Judiciary.
  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 U.S. 
Department of Justice (DOJ) determined that Christopher Kangas was not 
eligible for benefits because he was not acting within a narrow range 
of duties at the time of his death that are the measured criteria to be 
considered a ``firefighter,'' and therefore, was not a ``public safety 
officer'' for purposes of the Public Safety Officer Benefits Act. In 
order to be eligible for benefits under the Public Safety Officer 
Benefits Act, an officer's death must be considered the ``direct and 
proximate result of a personal injury sustained in the line of duty.'' 
Although the United States Code includes firefighters in the definition 
of ``public safety officer'' and specifies a firefighter as ``an 
individual serving as an officially-recognized or designated member of 
a legally-organized volunteer fire department;'' it offers no 
definition of ``line of duty''. DOJ had to defer to an arbitrarily 
narrow definition of ``line of duty,'' as described in the Code of 
Federal Regulations that restricts activities to the ``suppression of 
fires.'' DOJ decided that the only people who qualify as firefighters 
are those who play the starring role of operating a hose on a ladder or 
entering a burning building. According to this interpretation, those, 
such as junior firefighters, who play the essential supporting roles of 
directing traffic, performing first aid, or dispatching fire vehicles 
do not contribute to the act of suppressing the fire.
  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 grave injustice.
  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 he 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, as well as three others, can benefit from it.
  I urge my colleagues to support this important legislation.
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