[United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

117 STAT. 2649

Public Law 108-182
108th Congress

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. <>

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.

[[Page 2650]]
117 STAT. 2650

``(l) For purposes of subsection (k), `nonroutine stressful or
strenuous physical' excludes actions of a clerical, administrative, or
nonmanual nature.''.

Approved December 15, 2003.

LEGISLATIVE HISTORY--S. 459:
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CONGRESSIONAL RECORD, Vol. 149 (2003):
May 15, considerd and passed Senate.
Nov. 21, considered and passed House, amended.
Nov. 25, Senate concurred in House amendment.