I 

108TH CONGRESS 

1ST SESSION H. R. 3565

To provide that a grantee may not receive the full amount of a block 

grant under the Local Law Enforcement Block Grant program unless 

that grantee adopts a health standard establishing a legal presumption 

that heart, lung, and respiratory disease are occupational diseases for 

public safety officers and to provide that such diseases are presumed 

to be sustained in the performance of duty, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 20, 2003

Mr. STUPAK introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Government 

Reform, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To provide that a grantee may not receive the full amount 

of a block grant under the Local Law Enforcement Block 

Grant program unless that grantee adopts a health 

standard establishing a legal presumption that heart, 

lung, and respiratory disease are occupational diseases 

for public safety officers and to provide that such diseases are presumed to be sustained in the performance 

of duty, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Law Enforcement Offi3 cers’ Health Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that—

6 (1) the cumulative stress of a career in law en7 forcement contributes significantly to the develop8 ment of heart and lung disease of law enforcement 

9 officers, giving rise to a presumption that such 

10 stress caused such diseases; 

11 (2) hearings to determine an officer’s entitle12 ment to this presumption usually result in the grant13 ing of such presumption; 

14 (3) such hearings are expensive, create an ad15 versarial relationship between the public employer 

16 and employee, and cause delays in receiving critical 

17 treatment; and 

18 (4) the creation of such a presumption as a na19 tional health standard will result in more efficient 

20 delivery of law enforcement services nationwide. 

21 SEC. 3. ELIGIBILITY FOR GRANTS. 

22 (a) IN GENERAL.—An entity that fails to have in ef23 fect throughout the jurisdiction of that entity the policy 

24 described in subsection (b) shall not receive 10 percent 

25 of the funds that would otherwise be allocated to that enti26 ty under the Local Law Enforcement Block Grant Pro-
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1 gram of the Department of Justice, as described in appro2 priations Acts. 

3 (b) POLICY REQUIRED.—The policy referred to in 

4 subsection (a) is a policy that, for each public safety offi5 cer (as defined in section 1204 of the Omnibus Crime Con6 trol and Safe Streets Act of 1968 (42 U.S.C. 3796b)) em7 ployed in the jurisdiction of that entity, the following shall 

8 apply: 

9 (1) If that officer was so employed for a period 

10 of at least 5 years and, prior to the time of initial 

11 employment, passed a physical exam that revealed 

12 no evidence of heart, lung, or respiratory disease, 

13 there shall be a rebuttable presumption that any 

14 heart, lung, or respiratory disease resulting in the 

15 death or permanent incapacity of that officer is serv16 ice connected. 

17 (2) If any heart, lung, or respiratory disease re18 sulting in the death or permanent incapacity of that 

19 officer is service connected, that officer shall be enti20 tled to all benefits, including retirement, disability or 

21 workers compensation benefits, provided to other 

22 public employees in the jurisdiction of that entity for 

23 service-connected heart, lung, or respiratory disease. 
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1 (c) REALLOCATION.—Any funds that are not allo2 cated for failure to comply with this Act shall be reallo3 cated to entities that comply with this Act. 

4 SEC. 4. FEDERAL LAW ENFORCEMENT OFFICERS. 

5 Chapter 81 of title 5 of the United States Code is 

6 amended as follows: 

7 (1) By inserting the following new section after 

8 section 8143A: 

9 ‘‘SEC. 8143B. FEDERAL LAW ENFORCEMENT OFFICERS. 

10 ‘‘In the case of each employee who is a public safety 

11 officer (as defined in section 1204 of the Omnibus Crime 

12 Control and Safe Streets Act of 1968 (42 U.S.C. 3796b)) 

13 there shall be a rebuttable presumption for purposes of 

14 this subchapter that any heart, lung, or respiratory dis15 ease resulting in the death or permanent incapacity of that 

16 officer was sustained in the performance of duty if such 

17 officer—

18 ‘‘(1) was so employed for a period of at least 

19 5 years, and 

20 ‘‘(2) prior to the time of initial employment, 

21 passed a physical exam that revealed no evidence of 

22 heart, lung, or respiratory disease.’’
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1 SEC. 5. EFFECTIVE DATE. 

2 The provisions of section 3 of this Act shall apply 

3 to any funds allocated for any fiscal year beginning with 

4 fiscal year 2005.

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