PRINTER'S NO. 4253
No. 822 Session of 2004
INTRODUCED BY GANNON, HARHART, BARRAR, ARGALL, BOYD, CIVERA,
DENLINGER, DiGIROLAMO, FAIRCHILD, FICHTER, GEIST, GINGRICH,
HERSHEY, KILLION, MARSICO, McGILL, O'NEILL, PAYNE, PERZEL,
RAYMOND, SAYLOR, SCAVELLO, SEMMEL, SOLOBAY, E. Z. TAYLOR,
J. TAYLOR, TIGUE, ZUG, J. EVANS, BALDWIN, MAJOR, DALLY, GOOD,
TRUE, T. STEVENSON, NAILOR, WEBER AND ADOLPH, JULY 1, 2004
REFERRED TO COMMITTEE ON RULES, JULY 1, 2004
A RESOLUTION
1 Urging the President and Congress of the United States to amend
2 the Omnibus Crime Control and Safe Streets Act of 1968 to
3 expand the definition of firefighter to include apprentices
4 and trainees, regardless of age or duty limitations.
5 WHEREAS, On May 4, 2002, 14-year-old Christopher Kangas was
6 struck and killed by a car while riding his bicycle in response
7 to a fire in Brookhaven Borough, Delaware County, Pennsylvania,
8 one block from the firehouse; and
9 WHEREAS, In the Commonwealth of Pennsylvania an individual
10 may be a recognized firefighter in a local fire department with
11 certain limitations on the kind of work that individual can
12 perform at the scene of a fire and may be eligible for public
13 safety officer benefits; and
14 WHEREAS, Christopher Kangas was a trained, regular
15 firefighter who knew what he could and what he could not do at
16 the scene; and
17 WHEREAS, Christopher Kangas was recognized by the Borough of
1 Brookhaven and the Commonwealth of Pennsylvania as a
2 firefighter; and
3 WHEREAS, After Christopher Kangas died, the Borough of
4 Brookhaven and the Commonwealth of Pennsylvania gave him full
5 honors and recognition as a fallen firefighter and the
6 Commonwealth of Pennsylvania also provided full benefits to his
7 family under the act of June 24, 1976 (P.L.424, No.101),
8 referred to as the Emergency and Law Enforcement Personnel Death
9 Benefits Act, as a fallen firefighter; and
10 WHEREAS, The representative of the President of the United
11 States to the Fire Service, United States Fire Administrator
12 Dave Paulison, sent a letter of condolence to the family
13 recognizing Christopher Kangas as a firefighter; and
14 WHEREAS, The Department of Justice which administers section
15 1201 of the Omnibus Crime Control and Safe Streets Act of 1968
16 (Public Law 90-351, 42 U.S.C. § 3796) has ruled for a second
17 time that Christopher Kangas was not a public safety officer,
18 despite the fact that the Commonwealth of Pennsylvania and the
19 Brookhaven Fire Department legally maintained him on their
20 rolls; and
21 WHEREAS, This ruling by the Department of Justice has denied
22 his family the $267,000 line-of-duty benefit and has denied
23 Christopher Kangas his rightful place at the National Fallen
24 Firefighters Memorial in Emmitsburg, Maryland, alongside his
25 fellow fallen heroes; and
26 WHEREAS, The Department of Justice ruling not only ignored
27 the facts but also the letter and spirit of section 1201 of the
28 Omnibus Crime Control and Safe Streets Act of 1968, which
29 Congress enacted to provide benefits to any firefighter serving
30 as an officially recognized member of a legally organized fire
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1 department, regardless of age or type of activities; therefore
2 be it
3 RESOLVED, That the House of Representatives of the
4 Commonwealth of Pennsylvania urge the President and Congress of
5 the United States to enact H.R. 4472 which amends the Omnibus
6 Crime Control and Safe Streets Act of 1968 to expand the
7 definition of firefighter to include apprentices and trainees,
8 regardless of age or duty limitations, applicable to death or
9 injuries which occurred on or after May 4, 2002; and be it
10 further
11 RESOLVED, That a copy of this resolution be presented to the
12 family of Christopher Kangas in recognition of his dedication to
13 the Borough of Brookhaven and the Commonwealth of Pennsylvania
14 as a firefighter; and be it further
15 RESOLVED, That a copy of this resolution be sent to the
16 President of the United States, to the presiding officers of
17 each House of Congress and to each member of Congress from
18 Pennsylvania.
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