
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3796a]

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

    No benefit shall be paid under this subchapter--
        (1) if the death or catastrophic injury was caused by the 
    intentional misconduct of the public safety officer or by such 
    officer's intention to bring about his death or catastrophic injury;
        (2) if the public safety officer was voluntarily intoxicated at 
    the time of his death or catastrophic injury;
        (3) if the public safety officer was performing his duties in a 
    grossly negligent manner at the time of his death or catastrophic 
    injury;
        (4) to any individual who would otherwise be entitled to a 
    benefit under this subchapter if such individual's actions were a 
    substantial contributing factor to the death or catastrophic injury 
    of the public safety officer; or
        (5) to any individual employed in a capacity other than a 
    civilian capacity.

(Pub. L. 90-351, title I, Sec. 1202, as added Pub. L. 98-473, title II, 
Sec. 609F, Oct. 12, 1984, 98 Stat. 2099; amended Pub. L. 101-647, title 
XIII, Sec. 1301(b), Nov. 29, 1990, 104 Stat. 4834.)


                            Prior Provisions

    A prior section 3796a, Pub. L. 90-351, title I, Sec. 1202, as added 
Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1220; amended Pub. L. 
98-411, title II, Sec. 204(a)(2), 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 3796a, Pub. L. 90-351, title I, Sec. 702, as 
added Pub. L. 94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1347, contained 
provisions similar to this section, prior to the general amendment of 
this chapter by Pub. L. 96-157.
    A prior section 1202 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

    1990--Pars. (1) to (4). Pub. L. 101-647 inserted ``or catastrophic 
injury'' after ``death'' wherever appearing.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-647 effective Nov. 29, 1990, and not 
applicable with respect to injuries occurring before Nov. 29, 1990, see 
section 1303 of Pub. L. 101-647, set out as a note under section 3796 of 
this title.
