§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) "chaplain" includes any individual serving as an officially recognized or designated member of a legally organized volunteer fire department or legally organized police department, or an officially recognized or designated public employee of a legally organized fire or police department who was responding to a fire, rescue, or police emergency;
(3) "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;
(4) "firefighter" includes an individual serving as an officially recognized or designated member of a legally organized volunteer fire department;
(5) "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;
(6) "law enforcement officer" means an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the criminal laws (including juvenile delinquency).,1 including, but not limited to, police, corrections, probation, parole, and judicial officers;
(7) "member of a rescue squad or ambulance crew" means an officially recognized or designated public employee member of a rescue squad or ambulance crew;
(8) "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
(9) "public safety officer" means-
(A) an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, as a chaplain, or as a member of a rescue squad or ambulance crew;
(B) an employee of the Federal Emergency Management Agency who is performing official duties of the Agency in an area, if those official duties-
(i) are related to a major disaster or emergency that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and
(ii) are determined by the Administrator of the Federal Emergency Management Agency to be hazardous duties; or
(C) an employee of a State, local, or tribal emergency management or civil defense agency who is performing official duties in cooperation with the Federal Emergency Management Agency in an area, if those official duties-
(i) are related to a major disaster or emergency that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and
(ii) are determined by the head of the agency to be hazardous duties.
(
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in par. (9), is
Codification
Prior Provisions
A prior section 3796b,
Another prior section 3796b,
A prior section 1204 of
Amendments
2006-Par. (4).
Par. (6).
Pars. (7) to (9).
2002-Pars. (2) to (7).
Par. (8).
2000-Par. (7).
1994-Par. (3).
1990-Par. (1).
Par. (2).
Pars. (3) to (7).
1988-Pars. (2) to (7).
1986-
Change of Name
"Administrator of the Federal Emergency Management Agency" substituted for "Director of the Federal Emergency Management Agency" in par. (9)(B)(ii) on authority of section 612(c) of
Effective Date of 2002 Amendment
Amendment by
Effective Date of 2000 Amendment
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by section 6105(d) of
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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.