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On June 7, a bipartisan group of 101 Members of Congress - led by Senators Patrick Leahy (D-VT) and Arlen Specter (R-PA) and Representatives Bob Etheridge (D-NC) and Peter King (R-NY) - sent a letter asking President Bush to direct the Department of Justice (DOJ) to award benefits authorized by Congress under the Hometown Heroes Survivor Benefits Act. The NVFC and other fire service groups sent a similar letter to the President several weeks ago. When the Congressional letter was first made available for signature, the NVFC encouraged its members and the public to urge their Representative and Senators to sign the letter.

 

In the letter, the Members of Congress expressed concern over the DOJ's slow implementation of the Hometown Heroes Act. The Act was supposed to make it possible for the families of public safety officers who die from heart attack or stroke within 24 hours of participating in emergency response activities to be able to collect a Public Safety Officer's Benefit (PSOB). PSOB is a one-time death and disability payment to the families of public safety officers who die in the line of duty. It has been three and a half years since the bill became law, and yet DOJ has approved only six claims out of 264 applications.

 

"In 2004, then-Attorney General Ashcroft mandated that all PSOB claims should be processed in no more than 90 days," the letter reads.  "Unfortunately, more than three years since the passage of the Hometown Heroes law, and more than eight months since DOJ finalized its rule on the law's implementation, over 80 percent of the claims still languish.  The Department of Justice appears to be giving them less than its full support with its delays and denials.  We are disappointed that this situation remains unresolved.  The families of our nation's first responders have waited too long."

 

The letter goes on to ask the President to direct his Administration to expedite all outstanding claims and ensure that benefits are awarded in line with the intent of Congress. The legislation was intended to create a presumption that the heart attack or stroke was caused by work in the line of duty, unless there was clear evidence to the contrary. DOJ instead has placed an unnecessary burden on applicants by requesting volumes of paperwork, including 10 years of medical history. The lawmakers are concerned that DOJ may be intentionally misinterpreting the direct, expressed intent of Congress and the President.

 

Heart attacks and strokes account for nearly half of firefighter deaths each year. On March 22, the Harvard School of Public Health published a study that shows firefighters are much more likely than the general public to die of a heart attack or stroke during and after participating in emergency response.