Focus on the Hometown Heroes Survivors Benefits Act

Background

In 2003, Congress passed the Hometown Heroes Survivors Benefits Act, which the President signed into law. The purpose of this act was to ensure that the families of public safety officers who died in the line of duty due to a heart attack or stroke would receive benefits under the U.S. Department of Justice (DOJ)’s Public Safety Officers’ Benefits (PSOB) program.

The Hometown Heroes Survivors Benefits Act (P.L. 108-182) states that:

“if a public safety officer dies as the direct and proximate result of a heart attack or stroke, that officer shall be presumed to have died as the direct and proximate result of a personal injury sustained in the line of duty, if -

(1) that officer, while on duty –

(A) engaged in a situation, and such engagement involved nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison security, disaster relief, or other emergency response activity; or

(B) participated in a training exercise…. (42 U.S.C. § 3796 (k))”

The presumption of death is clearly defined in the law, the accompanying floor statements, and other legislative history.

Recent press reports have indicated that 38 of the first batch of PSOB claims considered under the Hometown Heroes Survivors Benefits Act have been rejected and only two have been approved. Another 200 cases remain undecided.

The Colorado State Fire Chiefs’ Association (CSFCA) is troubled by the appearance that the DOJ is not implementing this legislation properly, and we question whether the DOJ is truly granting a presumption that public safety officers who died in the line of duty met the requirements for the PSOB program.  

As a result, the families of America’s fallen firefighters, emergency medical personnel, and police officers are not receiving the benefits mandated by law.

The CSFCA asks its members to contact your U.S. Representative and Senators and ask them to urge President Bush to compel DOJ to properly implement the Hometown Heroes Act.

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MSNBC Investigative Report: Safety Officers Denied On-Duty Death Benefits

More than three years after President Bush signed a law granting federal benefits to families of firefighters, police officers and EMTs who die of heart attacks and strokes on the job, not a dollar has been paid. The U.S. Justice Department has denied all 34 claims that have been decided, and has yet to act on more than 200 others.

Posted: March 20, 2007

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IAFC Asks President Bush to Examine PSOB Program
Major Fire-Service Organizations Express Concern about Program

Fairfax, Va., Apr. 23, 2007 - The IAFC, joined by other major fire-service organizations, called on the White House to examine concerns over the administration of a federal program designed to compensate the families of public-safety officers who die in the line of duty.

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Police, Fire Families Fight for U.S. Death Benefit

When volunteer firefighter Lee Purdy died in 2000, minutes after manning a pumper engine at a building fire, a lucrative U.S. government death benefit did not cover his heart suddenly stopping in the line of duty. His wife Sharon successfully campaigned in 2003 to expand the benefit to strokes and heart conditions suffered by police officers, firefighters and paramedics, but scores of grieving families have been left in limbo by the Justice Department.

Posted: July 10, 2007

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Department of Justice Updates Policy on PSOB Benefits

On October 5, 2007, the Department of Justice issued two policy memorandums to the Public Safety Officers' Benefits Program, which it claims will significantly change the determination process for applications made under the Hometown Heroes Survivor Benefits Act.

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Department of Justice Implements Plan to Enact Hometown Heroes Survivors Benefit Act

October 23, 2007 – The Department of Justice unveiled a new strategy to streamline the claim review process and address the backlog issue related to the Hometown Heroes Survivor Benefits Act at a recent hearing of the Senate Judiciary Committee.

Related Documents & Resources

The Hometown Heroes Survivors Benefits Act (P.L. 108-182)

Joint Fire Service Letter to the White House on PSOB Program (04-20-07)

Proposed Letter from Congress urging President Bush to force the Department of Justice (DOJ) to implement the Hometown Heroes Survivors Benefit Act of 2003.

Joint Fire Service Letter Regarding Proposed DOJ Rule for Implementation of the Hometown Heroes Survivors Benefits Act (09-22-05)

Colorado’s Congressional Delegation Local Contact Information

Sample Letter to the Members of Congress

Sample Letter to the President

CSFCA Travel Website YTB Travel Network