Hometown
Heroes Survivors Benefits Act of 2003
|
One Hundred Eighth
Congress
of the United
States of America
To ensure that a public safety officer who suffers a fatal
heart attack or stroke while on duty shall be presumed to have died in the line
of duty for purposes of public safety officer survivor benefits.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Hometown Heroes Survivors
Benefits Act of 2003’.
SEC. 2. FATAL HEART ATTACK OR STROKE ON DUTY PRESUMED TO BE
DEATH IN LINE OF DUTY FOR PURPOSES OF PUBLIC SAFETY OFFICER SURVIVOR BENEFITS.
Section 1201 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796) is amended by adding at the end the following:
‘(k) For purposes of this section, 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, and such participation involved nonroutine stressful or strenuous
physical activity;
‘(2) that officer died as a result of a heart attack or
stroke suffered--
‘(A) while engaging or
participating as described under paragraph (1);
‘(B) while still on that duty after
so engaging or participating; or
‘(C) not later than 24 hours after
so engaging or participating; and
‘(3) such presumption is not overcome by competent medical
evidence to the contrary.
‘(l) For purposes of subsection (k), ‘nonroutine stressful or strenuous physical’ excludes actions of a clerical, administrative, or nonmanual nature.’.
• Enrolled as Agreed to and Passed by Both House and Senate
• Signed by President George W. Bush Dec. 15, 2003