[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 459 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                      November 22 (legislative day, November 21), 2003.

    Resolved, That the bill from the Senate (S. 459) entitled ``An Act 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'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

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.''.
            Attest:

                                                                          Clerk.
108th CONGRESS

  1st Session

                                 S. 459

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                               AMENDMENT