Part A—Death Benefits
§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 $250,000, 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;
(4) if there is no surviving spouse or surviving child—
(A) in the case of a claim made on or after the date that is 90 days after January 5, 2006, to the individual designated by such officer as beneficiary under this section in such officer's most recently executed designation of beneficiary on file at the time of death with such officer's public safety agency, organization, or unit, provided that such individual survived such officer; or
(B) if there is no individual qualifying under subparagraph (A), to the individual designated by such officer as beneficiary under such officer's most recently executed life insurance policy on file at the time of death with such officer's public safety agency, organization, or unit, provided that such individual survived such officer; or
(5) if none of the above, to the parent or parents of such officer in equal shares.
(6) The public safety agency, organization, or unit responsible for maintaining on file an executed designation of beneficiary or recently executed life insurance policy pursuant to paragraph (4) shall maintain the confidentiality of such designation or policy in the same manner as it maintains personnel or other similar records of the officer.
(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
(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.
(k) Death by heart attack or stroke; presumption
For purposes of this section, if a public safety officer dies as the direct and proximate result of a heart attack or stroke, that officer shall be presumed to have died as the direct and proximate result of a personal injury sustained in the line of duty, if—
(1) that officer, while on duty—
(A) engaged in a situation, and such engagement involved nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison security, disaster relief, or other emergency response activity; or
(B) participated in a training exercise, and such participation involved nonroutine stressful or strenuous physical activity;
(2) that officer died as a result of a heart attack or stroke suffered—
(A) while engaging or participating as described under paragraph (1);
(B) while still on that duty after so engaging or participating; or
(C) not later than 24 hours after so engaging or participating; and
(3) such presumption is not overcome by competent medical evidence to the contrary.
(l) Definition
For purposes of subsection (k) of this section, "nonroutine stressful or strenuous physical" excludes actions of a clerical, administrative, or nonmanual nature.
(m) Suspension or end of collection action
The Bureau may suspend or end collection action on an amount disbursed pursuant to a statute enacted retroactively or otherwise disbursed in error under subsection (a) or (c) of this section, where such collection would be impractical, or would cause undue hardship to a debtor who acted in good faith.
(
References in Text
Section 12 of the Act of September 1, 1916, as amended, referred to in subsec. (f)(1), is section 12 of act Sept. 1, 1916, ch. 433,
Prior Provisions
A prior section 3796,
Another prior section 3796,
A prior section 1201 of
Amendments
2006—Subsec. (a)(4).
Subsec. (a)(6).
Subsec. (m).
2003—Subsecs. (k), (l).
2002—Subsec. (a)(4), (5).
2001—Subsec. (a).
1994—Subsec. (a).
Subsec. (b).
1992—Subsec. (b).
1990—Subsec. (b).
Subsec. (c).
Subsecs. (d), (e).
Subsecs. (f) to (i).
Subsec. (j).
1988—Subsec. (a).
Subsec. (a)(4).
Subsecs. (g), (h).
Effective Date of 2002 Amendment
Effective Date of 2001 Amendment
Effective Date of 1992 Amendment
Section 2 of
Effective Date of 1990 Amendment
Section 1303 of title XIII of
Effective Date of 1988 Amendment
Section 6105(e) of
Effective Date
Subchapter effective Oct. 1, 1984, and inapplicable with respect to injuries sustained before Oct. 1, 1984, see section 609AA(b)(1) of
§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) with respect to any individual employed in a capacity other than a civilian capacity.
(
Prior Provisions
A prior section 3796a,
Another prior section 3796a,
A prior section 1202 of
Amendments
2006—Par. (5).
1990—Pars. (1) to (4).
Effective Date of 1990 Amendment
Amendment by
§3796a–1. National programs for families of public safety officers who have died in line of duty
The Director is authorized to use no less than $150,000 of the funds appropriated for this subchapter to maintain and enhance national peer support and counseling programs to assist families of public safety officers who have died in the line of duty.
(
Prior Provisions
A prior section 1203 of
Another prior section 1203 of
Amendments
1998—
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
§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
(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 (
(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 (
(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
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
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
1 So in original. The period probably should not appear.
§3796c. Administrative provisions
(a) Rules, regulations, and procedures
The Bureau is authorized to establish such rules, regulations, and procedures as may be necessary to carry out the purposes of this subchapter. Such rules, regulations, and procedures will be determinative of conflict of laws issues arising under this subchapter. Rules, regulations, and procedures issued under this subchapter may include regulations governing the recognition of agents or other persons representing claimants under this subchapter before the Bureau. The Bureau may prescribe the maximum fees which may be charged for services performed in connection with any claim under this subchapter before the Bureau, and any agreement in violation of such rules and regulations shall be void.
(b) Use of State and local administrative and investigative assistance
In making determinations under
(c) Use of appropriated funds to conduct appeals
Notwithstanding any other provision of law, the Bureau is authorized to use appropriated funds to conduct appeals of public safety officers' death and disability claims.
(
Prior Provisions
A prior section 3796c,
Another prior section 3796c,
Amendments
1998—Subsec. (c).
§3796c–1. Expedited payment for public safety officers involved in the prevention, investigation, rescue, or recovery efforts related to a terrorist attack
(a) In general
Notwithstanding the limitations of subsection (b) of section 1201 or the provisions of subsections (c), (d), and (e) of such section or section 1202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(b) Definitions
For purposes of this section, the terms "catastrophic injury", "public agency", and "public safety officer" have the same meanings given such terms in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(
References in Text
The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (a), is
Codification
Section was enacted as part of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or USA PATRIOT Act, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
§3796c–2. Funds available for appeals and expenses of representation of hearing examiners
On and after December 26, 2007, funds available to conduct appeals under section 1205(c) of the 1968 Act [
(
References in Text
The 1968 Act, referred to in text, is the Omnibus Crime Control and Safe Streets Act of 1968,
Codification
Section was enacted as part of the Department of Justice Appropriations Act, 2008, and also as part of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008, and the Consolidated Appropriations Act, 2008, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.