Pub.L. 108-183 To amend title 38, United States Code, to improve benefits under laws ...

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[[Page 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. <<NOTE: Dec. 15, 2003 -  [S. 459]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Hometown Heroes 
Survivors Benefits Act of 2003.>> 

SECTION 1. <<NOTE: 42 USC 3711 note.>> 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 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:
---------------------------------------------------------------------------

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.

                                  <all>

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