[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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