[Congressional Record Volume 152, Number 96 (Thursday, July 20, 2006)]
[Senate]
[Pages S8059-S8060]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SPECTER:
  S. 3699. A bill to provide private relief; to the Committee on the 
Judiciary.
  Mr. SPECTER. Mr. President, I seek recognition today to introduce a 
bill to provide private relief to the survivors of Christopher Kangas 
of Brookhaven, PA. This is a final attempt to recognize the public 
service of Christopher Kangas, a junior firefighter of the Brookhaven, 
PA, fire department, who, on May 4, 2002, was struck by a car and 
killed while riding his bicycle to the site of a fire emergency.
  I characterize the bill I introduce today as a ``final attempt'' to 
recognize the public service of Christopher Kangas as a fallen 
firefighter because previous legislative corrections have been blocked 
while the Kangas family languishes in the lengthy appeals process to 
overturn the U.S. Department of Justice's, DOJ, denial of public safety 
officer benefits. During both the 108th and 109th Congresses, I 
introduced the Christopher Kangas Fallen Firefighter Apprentice Act, S. 
2695 and S. 491, respectively, designed to correct a flaw in the 
current definition of ``firefighter'' under the Public Safety Officer 
Benefits Act. That legislation would clarify 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'' and applies retroactively to the date of 
Christopher Kangas' death in 2002. However, this legislation has been 
prevented from moving forward due to objections that expansion of 
benefits under the program would result in a serious drain on the 
Treasury when, in fact, the Congressional Budget Office has estimated 
that this bill would cost approximately $2 million in the first year of 
enactment and an average of less than $500,000 in each year thereafter.
  In addition to a legislative remedy, Christopher Kangas' family has 
been pursuing the Federal benefit through the U.S. Federal Claims 
Court. On March 27, 2006, the court ruled in favor of the Kangas family 
ordering DOJ to pay $250,000. However, on May 26, 2006, DOJ filed a 
notice of appeal to this decision, further delaying recognition of 
Christopher Kangas' public service and status as a fallen firefighter.
  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

[[Page S8060]]

recognized Christopher's public service 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 determined that Christopher Kangas was not eligible for 
benefits based on a twofold interpretation of the law. First, because 
he was deemed as 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. Second, that his 
death was deemed as not sustained in the ``line of duty'' because as a 
junior firefighter he was prohibited from operating a hose on a ladder 
or entering a burning building. As a result of this determination, 
Christopher's family cannot receive a Federal line-of-duty benefit. In 
addition, Christopher is 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.
  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 
such, I support amending the Public Safety Officer Benefits Act to 
ensure that the Federal Government will recognize Christopher Kangas 
and others like him as firefighters. However, considering the 
significant opposition to that solution, I am offering this private 
bill in honor of Christopher Kangas to provide his family with the 
$250,000 as ordered by the Federal Claims Court and to allow his name 
to be included on the National Fallen Firefighter's Memorial.
  I urge my colleagues to support this important legislation.
                                 ______