It has been four years since President George W. Bush signed the Hometown Heroes Survivors Benefits Act into law, strengthening the Public Safety Officers' Benefits Program and ensuring benefits for the family members of public safety officers who die from a heart attack or stroke while on the job.
But, some are saying the legislation is not being executed properly - 200 cases remain undecided, and only two of the first batch of 40 claims have been approved.
Recently, several large and powerful firefighters' groups stepped into the fray. The International Association of Fire Chiefs, Congressional Fire Services Institute, International Association of Fire Fighters, National Volunteer Fire Council, International Association of Arson Investigators and the National Fallen Firefighters Foundation collaborated on a letter to President Bush, asking that he look into the matter.
"Somewhere between the level that normally decides what is an lodd and in the upper echelon of the Department of Justice, there is a bottleneck that defies the will of Congress and the hopes of the fire rescue service," said Hal Bruno, Chairman of the Board for the National Fallen Firefighters Foundation.
Bruno believes that the people put in charge deciding who is eligible for benefits don't understand the high-stress lives all public safety officers lead.
"They have ruled in some cases that the person who died of a heart attack was engaged in routine firefighter operations -- to which we say, there is no such thing as routine operations. Every time that bell rings, a firefighter is subject to stress."
The wording of the law stipulates that the person who died must have been engaged in non-routine activity or training.
Bruno said the Department of Justice creates a web of red tape - making it difficult for survivors to apply for the money.
"They are asking unreasonable things," he said, citing one case where the family was asked to provide medical records for the deceased going back 10 years. "Who keeps 10 years worth of medical records?"
Bruno said he and the other emergency service leaders don't know who is in charge of approving the claims, but they are eager to find out.
Just as eager is the Congressional Fire Services Institute. The group serves as both a watchdog and voice for the fire services industry.
"People are frustrated," said CFSI Executive Director Bill Webb. "The legislation was signed into law in 2003. The Department of Justice, in my opinion, dragged their feet. Right now it looks like they have a different interpretation of the rule and a different understanding of congress' intent."
Webb said the CFSI has been working hard to remedy the situation, keeping a close eye on Capitol Hill.
"We worked closely with Republicans and Democrats when this legislation was first introduced. We've been engaged in this process since the first press conference was held five years ago."
Barry Kasinitz, the director of governmental affairs for the International Association of Fire Fighters said his group has been frustrated for some time.
"The Department of Justice first wrote legislation that would undermine the intent of the law, then they rewrote it; now they are refusing to enact their own law."
And now, he said, the very people who need help, are not receiving it.
"The Department of Justice...is now placing additional obstacles in front of widows who aren't getting their benefits."
Editor's Note: In a response, Bureau of Justice Assistance Director Domingo S. Herraiz said "the Department of justice is committed to assisting public safety officers, their families and their agencies throughout times of tragedy."
He said "the Hometown Heroes act created an entirely new area of eligibility under the PSOB program and it required significant implementing regulations."
Herraiz said that the Office of Justice Programs consulted with several sources in the medical and public safety fields when determining how the law would be enacted, including the Fraternal Order of Police, the International Association of Fire Fighters.
He also said that the department is working to speed up the review process and clear up any backlog. He said their goal is to process claims within 90 days of receiving the information.
"The Department continues to work to ensure that all claims are processed in a timely, efficient and compassionate manner."
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