
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8191]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
  SUBCHAPTER III--LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED 
                                 STATES
 
Sec. 8191. Determination of eligibility

    The benefits of this subchapter are available as provided in this 
subchapter to eligible law enforcement officers (referred to in this 
subchapter as ``eligible officers'') and their survivors. For the 
purposes of this subchapter, an eligible officer is any person who is 
determined by the Secretary of Labor in his discretion to have been on 
any given occasion--
        (1) a law enforcement officer and to have been engaged on that 
    occasion in the apprehension or attempted apprehension of any 
    person--
            (A) for the commission of a crime against the United States, 
        or
            (B) who at that time was sought by a law enforcement 
        authority of the United States for the commission of a crime 
        against the United States, or
            (C) who at that time was sought as a material witness in a 
        criminal proceeding instituted by the United States; or

        (2) a law enforcement officer and to have been engaged on that 
    occasion in protecting or guarding a person held for the commission 
    of a crime against the United States or as a material witness in 
    connection with such a crime; or
        (3) a law enforcement officer and to have been engaged on that 
    occasion in the lawful prevention of, or lawful attempt to prevent, 
    the commission of a crime against the United States;

and to have been on that occasion not an employee as defined in section 
8101(1), and to have sustained on that occasion a personal injury for 
which the United States would be required under subchapter I of this 
chapter to pay compensation if he had been on that occasion such an 
employee engaged in the performance of his duty. No person otherwise 
eligible to receive a benefit under this subchapter because of the 
disability or death of an eligible officer shall be barred from the 
receipt of such benefit because the person apprehended or attempted to 
be apprehended by such officer was then sought for the commission of a 
crime against a sovereignty other than the United States.

(Added Pub. L. 90-291, Sec. 1(a), Apr. 19, 1968, 82 Stat. 98; amended 
Pub. L. 90-623, Sec. 1(20), Oct. 22, 1968, 82 Stat. 1313.)


                               Amendments

    1968--Pub. L. 90-623 substituted ``For the purposes of this 
subchapter'' for ``For the purposes of this Act''.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-623 intended to restate without substantive 
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of this title.


                             Effective Date

    Section 2 of Pub. L. 90-291 provided that: ``The amendments made by 
section 1 of this Act [enacting this section and sections 8192 and 8193 
of this title] are effective only with respect to personal injuries 
sustained on or after the date of enactment of this Act [Apr. 19, 
1968].''

                  Section Referred to in Other Sections

    This section is referred to in section 8193 of this title; title 42 
section 3796.
