
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-56 Section 613(a)]
[Document affected by Public Law 107-56 Section 613(b)]
[CITE: 42USC3796]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
         SUBCHAPTER XII--PUBLIC SAFETY OFFICERS' DEATH BENEFITS
 
                         Part A--Death Benefits
 
Sec. 3796. Payment of death benefits


(a) Amount; recipients

    In any case in which the Bureau of Justice Assistance (hereinafter 
in this subchapter referred to as the ``Bureau'') determines, under 
regulations issued pursuant to this subchapter, that a public safety 
officer has died as the direct and proximate result of a personal injury 
sustained in the line of duty, the Bureau shall pay a benefit of 
$100,000, adjusted in accordance with subsection (h) of this section, as 
follows:
        (1) if there is no surviving child of such officer, to the 
    surviving spouse of such officer;
        (2) if there is a surviving child or children and a surviving 
    spouse, one-half to the surviving child or children of such officer 
    in equal shares and one-half to the surviving spouse;
        (3) if there is no surviving spouse, to the child or children of 
    such officer in equal shares; or
        (4) if none of the above, to the parent or parents of such 
    officer in equal shares.

(b) Benefits for permanent and total disability

    In accordance with regulations issued pursuant to this subchapter, 
in any case in which the Bureau determines that a public safety officer 
has become permanently and totally disabled as the direct result of a 
catastrophic injury sustained in the line of duty, the Bureau shall pay, 
to the extent that appropriations are provided, the same benefit in any 
year that is payable under subsection (a) of this section in such year, 
adjusted in accordance with subsection (h) of this section, to such 
officer: Provided, That the total annual benefits paid under this 
subsection may not exceed $5,000,000. For the purposes of making these 
benefit payments, there are authorized to be appropriated for each 
fiscal year such sums as may be necessary: Provided further, That these 
benefit payments are subject to the availability of appropriations and 
that each beneficiary's payment shall be reduced by a proportionate 
share to the extent that sufficient funds are not appropriated.

(c) Interim benefit payment

    Whenever the Bureau determines upon showing of need and prior to 
final action that the death of a public safety officer is one with 
respect to which a benefit will probably be paid, the Bureau may make an 
interim benefit payment not exceeding $3,000 to the individual entitled 
to receive a benefit under subsection (a) of this section.

(d) Deduction of interim payment

    The amount of an interim payment under subsection (c) of this 
section shall be deducted from the amount of any final benefit paid to 
such individual.

(e) Repayment of interim payment; waiver

    Where there is no final benefit paid, the recipient of any interim 
payment under subsection (c) of this section shall be liable for 
repayment of such amount. The Bureau may waive all or part of such 
repayment, considering for this purpose the hardship which would result 
from such repayment.

(f) Reductions from final benefit payment

    The benefit payable under this subchapter shall be in addition to 
any other benefit that may be due from any other source, except--
        (1) payments authorized by section 12(k) of the Act of September 
    1, 1916, as amended (D.C. Code, sec. 4-622); or
        (2) benefits authorized by section 8191 of title 5. Such 
    beneficiaries shall only receive benefits under such section 8191 
    that are in excess of the benefits received under this subchapter.

(g) Execution or attachment prohibited

    No benefit paid under this subchapter shall be subject to execution 
or attachment.

(h) Consumer Price Index adjustment

    On October 1 of each fiscal year beginning after June 1, 1988, the 
Bureau shall adjust the level of the benefit payable immediately before 
such October 1 under subsection (a) of this section, to reflect the 
annual percentage change in the Consumer Price Index for All Urban 
Consumers, published by the Bureau of Labor Statistics, occurring in the 
1-year period ending on June 1 immediately preceding such October 1.

(i) Amount payable determined as of date of death

    The amount payable under subsection (a) of this section with respect 
to the death of a public safety officer shall be the amount payable 
under subsection (a) of this section as of the date of death of such 
officer.

(j) Limitations on benefits

    (1) No benefit is payable under this subchapter with respect to the 
death of a public safety officer if a benefit is paid under this 
subchapter with respect to the disability of such officer.
    (2) No benefit is payable under this subchapter with respect to the 
disability of a public safety officer if a benefit is payable under this 
subchapter with respect to the death of such public safety officer.

(Pub. L. 90-351, title I, Sec. 1201, as added Pub. L. 98-473, title II, 
Sec. 609F, Oct. 12, 1984, 98 Stat. 2098; amended Pub. L. 100-690, title 
VI, Sec. 6105(a)-(c), Nov. 18, 1988, 102 Stat. 4341; Pub. L. 101-647, 
title XIII, Sec. 1301(a), Nov. 29, 1990, 104 Stat. 4834; Pub. L. 102-
520, Sec. 1, Oct. 25, 1992, 106 Stat. 3402; Pub. L. 103-322, title 
XXXIII, Sec. 330001(e)(1), Sept. 13, 1994, 108 Stat. 2138.)


                            Prior Provisions

    A prior section 3796, Pub. L. 90-351, title I, Sec. 1201, as added 
Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1219; amended Pub. L. 
98-411, title II, Sec. 204(a)(1), Aug. 30, 1984, 98 Stat. 1561; Pub. L. 
98-473, title II, Sec. 609Z, Oct. 12, 1984, 98 Stat. 2107, contained 
provisions similar to this section, prior to the general amendment of 
this subchapter by section 609F of Pub. L. 98-473.
    Another prior section 3796, Pub. L. 90-351, title I, Sec. 701, as 
added Pub. L. 94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1346, contained 
provisions similar to this section, prior to the general amendment of 
this chapter by Pub. L. 96-157.
    A prior section 1201 of Pub. L. 90-351, title VII, June 19, 1968, 82 
Stat. 236, was set out in the Appendix to Title 18, Crimes and Criminal 
Procedure, prior to repeal by Pub. L. 99-308, Sec. 104(b), May 19, 1986, 
100 Stat. 459.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-322, Sec. 330001(e)(1)(A), 
substituted ``subsection (h) of this section,'' for ``subsection (g) of 
this section'' in introductory provisions.
    Subsec. (b). Pub. L. 103-322, Sec. 330001(e)(1)(B), substituted 
``catastrophic injury'' for ``catastrophic personal injury'', 
``subsection (h)'' for ``subsection (g)'', and ``benefits paid under 
this subsection'' for ``benefits paid under this section''.
    1992--Subsec. (b). Pub. L. 102-520 substituted ``the same benefit in 
any year that is payable under subsection (a) of this section in such 
year,'' for ``a benefit of up to $100,000,''.
    1990--Subsec. (b). Pub. L. 101-647, Sec. 1301(a)(3), added subsec. 
(b). Former subsec. (b) redesignated (c).
    Subsec. (c). Pub. L. 101-647, Sec. 1301(a)(2), redesignated subsec. 
(b) as (c). Former subsec. (c) redesignated (d).
    Subsecs. (d), (e). Pub. L. 101-647, Sec. 1301(a)(1), (2), 
redesignated subsecs. (c) and (d) as (d) and (e), respectively, and 
substituted ``(c)'' for ``(b)''. Former subsec. (e) redesignated (f).
    Subsecs. (f) to (i). Pub. L. 101-647, Sec. 1301(a)(2), redesignated 
former subsecs. (e) to (h) as (f) to (i), respectively.
    Subsec. (j). Pub. L. 101-647, Sec. 1301(a)(4), added subsec. (j).
    1988--Subsec. (a). Pub. L. 100-690, Sec. 6105(a), substituted 
``$100,000, adjusted in accordance with subsection (g) of this section'' 
for ``$50,000''.
    Subsec. (a)(4). Pub. L. 100-690, Sec. 6105(c), struck out 
``dependent'' before ``parent''.
    Subsecs. (g), (h). Pub. L. 100-690, Sec. 6105(b), added subsecs. (g) 
and (h).


                    Effective Date of 1992 Amendment

    Section 2 of Pub. L. 102-520 provided that: ``The amendments made by 
section 1 of this Act [amending this section] shall apply with respect 
to injuries occurring on or after November 29, 1990, using the 
calculation method used to determine benefits under section 1201(a) of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 
[subsec. (a) of this section].''


                    Effective Date of 1990 Amendment

    Section 1303 of title XIII of Pub. L. 101-647 provided that: ``The 
amendments made by this title [amending this section and sections 3796a 
and 3796b of this title] shall take effect upon enactment [Nov. 29, 
1990] and shall not apply with respect to injuries occurring before the 
effective date of such amendments.''


                    Effective Date of 1988 Amendment

    Section 6105(e) of Pub. L. 100-690 provided that: ``The amendments 
made by this section [amending this section and section 3796b of this 
title] shall take effect on June 1, 1988.''


                             Effective Date

    Subchapter effective Oct. 1, 1984, and inapplicable with respect to 
injuries sustained before Oct. 1, 1984, see section 609AA(b)(1) of Pub. 
L. 98-473, set out as a note under section 3711 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 3796c of this title.
