[Congressional Record Volume 149, Number 170 (Friday, November 21, 2003)]
[House]
[Pages H12299-H12300]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HOMETOWN HEROES SURVIVORS BENEFITS ACT OF 2003
Mr. DeLAY. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the Senate bill (S. 459) 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, and ask for its immediate
consideration in the House.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
Mr. ETHERIDGE. Mr. Speaker, reserving the right to object, I will not
object, but let me thank the leader and his staff. I want to take this
opportunity to thank the gentleman from Wisconsin (Mr. Sensenbrenner)
and his staff; the ranking member, the gentleman from Michigan (Mr.
Conyers), and his staff; the subcommittee chair, the gentleman from
North Carolina (Mr. Coble), and his staff; the ranking member, the
gentleman from Virginia (Mr. Scott), and his staff; and my staff for
all their hard work; the gentleman from Pennsylvania (Mr. Weldon); and
the gentleman from Maryland (Mr. Hoyer) and others because this bill is
an important piece of legislation.
It provides for our first responders and their families a bit of
security. There is a gap in the law where currently if they die of a
heart attack or stroke doing their duties, their families would not get
benefits. This is a bipartisan piece of legislation. Over 283 Members
of this body have signed it. Let me thank the leader. I appreciate his
help and the help of others in getting this to the floor.
Mr. SENSENBRENNER. Mr. Speaker, current law provides $267,494 to the
survivors of public safety officers such as police officers,
firefighters and rescue squad officers who die ``as the direct and
proximate result of a personal injury sustained in the line of duty''.
S. 459, the ``Hometown Heroes Survivor Benefits Act of 2003'', as
introduced would provide that if a public safety officer dies as the
direct and proximate result of a heart attack or stroke suffered while
on duty or within 24 hours after participating in a training exercise
or responding to an emergency situation, that officer shall be presumed
to have died as the direct and proximate result of a personal injury
sustained in the line of duty for purposes of that officer's survivors
receiving a $267,494 death benefit.
The intent of the legislation was to cover officers who suffered a
heart attack or stroke as a result of nonroutine stressful or strenuous
physical activity; however, testimony at the hearing indicated that the
legislation as drafted was overboard. Witnesses testified that the
legislation as drafted would undermine the purpose of the Public Safety
Officer Benefits program, which was intended to provide a benefit to
heroes who gave their lives in the line of duty for their communities.
As drafted, it would cover officers who did not engage in any physical
activity but merely happened to suffer a heart attack at work.
A substitute amendment was introduced to address these concerns. The
substitute amendment would create a presumption that an officer who
died as a direct and proximate result of a heart attack or stroke died
as a direct and proximate result of a personal injury sustained in the
line of duty if: (1) that officer participated in a training exercise
that involved nonroutine stressful or strenuous physical activity or
responded to a situation and such participation or response involved
nonroutine stressful or strenuous physical law enforcement, hazardous
material response, emergency medical services, prison security, fire
suppression, rescue, disaster relief or other emergency response
activity; (2) that officer suffered a heart attack or stroke while
engaging or within 24 hours of engaging in that
[[Page H12300]]
physical activity; and (3) such presumption cannot be overcome by
competent medical evidence.
For the purposes of this Act, the phrase ``nonroutine stressful or
strenuous physical'' activity will exclude actions of a clerical,
administrative or non-manual nature. Included in the category of
``actions of a clerical, administrative or non-manual nature'' are such
tasks including, but not limited to, the following: sitting at a desk;
typing on a computer; talking on the telephone; reading or writing
paperwork or other literature; watching a police or corrections
facility's monitors of cells or grounds; teaching a class; cleaning or
organizing an emergency response vehicle; signing in or out a prisoner;
driving a vehicle on routine patrol; and directing traffic at or
participating in a local parade.
Such deaths, while tragic, are not to be considered in the line of
duty deaths. The families of officers who died of such causes would
therefore not be eligible to receive public safety officers benefits.
For the purposes of this Act, the phrase ``nonroutine stressful or
strenuous physical'' actions will include, but are not limited to, the
following: involvement in a physical struggle with a suspected or
convicted criminal; performing a search and rescue mission; performing
or assisting with emergency medical treatment; performing or assisting
with fire suppression; involvement in a situation that requires either
a high speed response or pursuit on foot or in a vehicle; participation
in hazardous material response; responding to a riot that broke out at
a public event; and physically engaging in the arrest or apprehension
of a suspected criminal.
The situation listed above the types of heart attack and stroke cases
that are considered to be in the line of duty. The families of officers
who died in such cases are eligible to receive Public Safety Officers
Benefits.
Mr. ETHERIDGE. Mr. Speaker, I withdraw my reservation of objection.
{time} 0630
The SPEAKER pro tempore (Mr. Hastings of Washington). Is there
objection to the request of the gentleman from Texas?
There was no objection.
The Clerk read the Senate bill, as follows:
S. 459
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 suffered while on duty, or not later than 24
hours after participating in a training exercise or
responding to an emergency situation, that officer shall be
presumed to have died as the direct and proximate result of a
personal injury sustained in the line of duty.''.
SEC. 3. APPLICABILITY.
Section 1201(k) of the Omnibus Crime Control and Safe
Streets Act of 1968, as added by section 2, shall apply to
deaths occurring on or after January 1, 2003.
Amendment in the Nature of a Substitute Offered by Mr. DeLay
Mr. DeLAY. Mr. Speaker, I offer an amendment in the nature of a
substitute.
The Clerk read as follows:
Amendment in the nature of a substitute offered by Mr. DeLay:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may 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
office 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 office, 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.
``(1) For purposes of subsection (k), `nonroutine stressful
or strenuous physical' excludes actions of a clerical,
administrative, or non-manual nature.''.
Mr. DeLAY (during the reading). Mr. Speaker, I ask unanimous consent
that the amendment in the nature of a substitute be considered as read
and printed in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
The amendment in the nature of a substitute was agreed to.
The Senate bill was ordered to be read a third time, was read the
third time, and passed, and a motion to reconsider was laid on the
table.
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