
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 106-390 Section 305(a)]
[Document affected by Public Law 106-390 Section 305(b)]
[CITE: 42USC3796b]

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

    As used in this subchapter--
        (1) ``catastrophic injury'' means consequences of an injury that 
    permanently prevent an individual from performing any gainful work;
        (2) ``child'' means any natural, illegitimate, adopted, or 
    posthumous child or stepchild of a deceased public safety officer 
    who, at the time of the public safety officer's death, is--
            (i) 18 years of age or under;
            (ii) over 18 years of age and a student as defined in 
        section 8101 of title 5; or
            (iii) over 18 years of age and incapable of self-support 
        because of physical or mental disability;

        (3) ``firefighter'' includes an individual serving as an 
    officially recognized or designated member of a legally organized 
    volunteer fire department and an officially recognized or designated 
    public employee member of a rescue squad or ambulance crew;
        (4) ``intoxication'' means a disturbance of mental or physical 
    faculties resulting from the introduction of alcohol into the body 
    as evidenced by--
            (i) a post-mortem blood alcohol level of .20 per centum or 
        greater; or
            (ii) a post-mortem blood alcohol level of at least .10 per 
        centum but less than .20 per centum unless the Bureau receives 
        convincing evidence that the public safety officer was not 
        acting in an intoxicated manner immediately prior to his death;

    or resulting from drugs or other substances in the body;
        (5) ``law enforcement officer'' means an individual involved in 
    crime and juvenile delinquency control or reduction, or enforcement 
    of the laws, including, but not limited to, police, corrections, 
    probation, parole, and judicial officers;
        (6) ``public agency'' means the United States, any State of the 
    United States, the District of Columbia, the Commonwealth of Puerto 
    Rico, the Virgin Islands of the United States, Guam, American Samoa, 
    the Trust Territory of the Pacific Islands, the Commonwealth of the 
    Northern Mariana Islands, and any territory or possession of the 
    United States, or any unit of local government, department, agency, 
    or instrumentality of any of the foregoing; and
        (7) ``public safety officer'' means an individual serving a 
    public agency in an official capacity, with or without compensation, 
    as a law enforcement officer, a firefighter, or rescue squad or 
    ambulance crew \1\
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    \1\ So in original. Probably should be followed by a period.
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(Pub. L. 90-351, title I, Sec. 1204, formerly Sec. 1203, as added Pub. 
L. 98-473, title II, Sec. 609F, Oct. 12, 1984, 98 Stat. 2099; amended 
Pub. L. 99-500, Sec. 101(b) [title II, Sec. 207], Oct. 18, 1986, 100 
Stat. 1783-39, 1783-56, and Pub. L. 99-591, Sec. 101(b) [title II, 
Sec. 207], Oct. 30, 1986, 100 Stat. 3341-39, 3341-56; renumbered 
Sec. 1204 and amended Pub. L. 100-690, title VI, Secs. 6105(d), 
6106(a)(1), Nov. 18, 1988, 102 Stat. 4341; Pub. L. 101-647, title XIII, 
Secs. 1301(c), 1302, Nov. 29, 1990, 104 Stat. 4834; Pub. L. 103-322, 
title XXXIII, Sec. 330001(e)(2), Sept. 13, 1994, 108 Stat. 2139.)

                          Codification

    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.


                            Prior Provisions

    A prior section 3796b, Pub. L. 90-351, title I, Sec. 1203, as added 
Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1220; amended Pub. L. 
98-411, title II, Sec. 204(a)(3), 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 3796b, Pub. L. 90-351, title I, Sec. 703, 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 1204 of Pub. L. 90-351 was renumbered section 1205 
and is classified to section 3796c of this title.


                               Amendments

    1994--Par. (3). Pub. L. 103-322 struck out before semicolon at end 
``who was responding to a fire, rescue or police emergency''.
    1990--Par. (1). Pub. L. 101-647, Sec. 1301(c), added par. (1). 
Former par. (1) redesignated (2).
    Par. (2). Pub. L. 101-647, Sec. 1302, which directed amendment of 
par. (2) by inserting a period after ``ambulance crew'' and striking out 
``who was responding to a fire, rescue or police emergency.'', could not 
be executed because the phrases ``ambulance crew'' and ``who was 
responding to a fire, rescue or police emergency.'' did not appear in 
text of par. (2).
    Pub. L. 101-647, Sec. 1301(c)(1), redesignated par. (1) as (2). 
Former par. (2) redesignated (3).
    Pars. (3) to (7). Pub. L. 101-647, Sec. 1301(c)(1), redesignated 
pars. (2) to (6) as (3) to (7), respectively.
    1988--Pars. (2) to (7). Pub. L. 100-690, Sec. 6105(d), redesignated 
pars. (3) to (7) as (2) to (6), respectively, and struck out former par. 
(2) defining a ``dependent'' as any individual substantially reliant for 
support upon income of deceased public safety officer.
    1986--Pub. L. 99-500 and Pub. L. 99-591 inserted ``and an officially 
recognized or designated public employee member of a rescue squad or 
ambulance crew who was responding to a fire, rescue or police 
emergency'' in par. (3), and substituted ``, a firefighter, or rescue 
squad or ambulance crew'' for ``or a firefighter.'' in par. (7).


                    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.


                    Effective Date of 1988 Amendment

    Amendment by section 6105(d) of Pub. L. 100-690 effective June 1, 
1988, see section 6105(e) of Pub. L. 100-690, set out as a note under 
section 3796 of this title.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in title 26 section 101; title 28 
section 1863.
