"LAW ENFORCEMENT OFFICER" MEANS AN INDIVIDUAL INVOLVED IN CRIME AND JUVENILE DELINQUINCY CONTROL OR REDUCTION, OR ENFORCEMENT OF THE LAWS, INCLUDING, BUT NOT LIMITED TO POLICE CORRECTIONS, PROBATION, PAROLE, AND JUDICIAL OFFICERS:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91B00390R000300210020-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 27, 2016
• Document Release Date: April 18, 2013
• Sequence Number: 20
• Content Type: OPEN SOURCE

Declassified and Approved For Release 2013/04/18 : CIA-RDP91B00390R000300210020-2
PUBLIC HEALTH AND WELFARE
was without subject matter
; administrative denial of sur-
is under this subchapter to
ity police officer; disagreeing
tsell v. Law Enforcemew As-
F.2d 1255. Tafoya v. U.S.
aw Enforcement Assistance
4, 748 F.2d 1389.
:MI review contained in sec-
title does not apply to deci-
m; thus court of appeals had
!main petition filed by widow
view of administrative denial
I v. Law Enforcement Assist-
C.A.4, 1980, 620 F.2d 35.
s section extends to all police
ms of fatal injuries sustained
in determining what consti-
Lave Enforcement Assistance
;ourt should look to general
m law as guide to develop-
td interpret job-relatedness
;sistently with workers' com-
nless there is significant p0!-
Russell v. Law Enforce-
inistration, C.A.9, 1980, 637
ifficer killed in automobile
home from work was enti-
iis section where officer was
n car on the job, he usually
rkday on the road, he used
activities on the day of the
g home he was rendering
er by transferring piece of
law enforcement equipment, and, because as week-
end duty detective he had to put in long hours,''
was driving home at particularly dangerous ti
late on Saturday night, when he was killed. Rit
sell v. Law Enforcement Assistance Administif
tion, C.A.9, 1980, 637 F.2d 1255.
Although Denver police officers were requi
to be on duty 24 hours a day, mother of deceaspl
police officer could not recover survivor's cleat
benefits under Public Safety Officers' Benefits AA
in the absence of evidence that her son was kill
while in the line of duty. Tafoya v. U.S., 1985,1
CI.Ct. 256.
5. Rules and regulations
Since obvious and overwhelming cause of death'
of fireman was preexisting, prolonged and degent
erative heart disease, party seeking survivors death
benefits under this subchapter was not entitled ta
recover on basis of regulatory requirement that
any reasonable doubt arising from circumstance;
of officer's death be resolved in favor of payme4
of death benefits. Morrow v. U.S., 1981, 647
F.2d 1099, 227 Ct.C1. 290, certiorari denied 102
S.Ct. 475, 454 U.S. 940, 70 L.Ed.2d 247.
Lack of evidence as to smoke or carbon monox.
ide inhalation by firefighter who died of heart
failure in course of his duties while responding to
house fire did not result from absence of regula.
tions at time of firefighter's death subsequently
recognizing that type of evidence as injury trigger.
ing heart attack so as to render it compensable
under this subchapter; therefore, such regulations
were not retroactively applied to claim of firefight.
er's widow, for benefits under this subchapter
were denied on basis that firefighter's death was
not direct and proximate result of personal injury
within meaning of this subchapter. North v. U.
S., C1.0.1982, 555 F.Supp. 382. .lt
ions on benefits
be paid under this subchapter?
eth was caused by the intentional misconduct of the public safety
;uch officer's intention to bring about his death;
ablic safety officer was voluntarily intoxicated at the time of his
oublic, safety officer was performing his duties in a grossly
ner at the time of his death;
idividual who would otherwise be entitled to a benefit under this
tuch individual's actions were a substantial contributing factor to
ze public safety officer; or
ldividual employed in a capacity other than a civilian capacity.
I. ? 1202, as added Publ. 96-157, ? 2, Dec. 27, 1979, 93 Stat. 1220, and
1. Title II, ? 204(a)(2), Aug. 30, 1984, 98 Stat. 1561: Pub.L. 98-473, Title 11,
98, Stat. 2099.)
ta- section 1202 of Pub.L.
: of Title VII of Pub.L.
cted in 1968, is set out in
18. Crimes and Criminal
prior section 3796a, Pub.
32, as added Pub.L. 94-
/0 Stat. 1347, contained
his section as added by
1984 Amendment. Cl. (I). Pub.L. 98-473 re-
enacted existing provision.
Cl. (2). Pub.L. 98-473 substituted "if the pub-
lic safety officer was voluntarily intoxicated at the
time of his death" for "if voluntary intoxication of
the public safety officer was the proximate cause
of such officer's death".
Cl. (3). Pub.L. 98-473 added el. (3). Former
cl. (3) redesignated (4).
111
PUBLIC HEALTH AND WELFARE
Cl. (4). Pub.L. 98-473 redesignated former cl.
tl) as (4) and substituted therein "individual" for
? n- and "individual's actions" for "person's
?perso
actions-?
Pub.L. 98-411 added cl. (4), which excluded
payment of benefits to any person employed in a
capacity other than a civilian capacity.
Cl. (5). Pub.L. 98-473 added cl. (5).
Effective Date of 1984 Amendment. Amend-
ment by Pub.L. 98-473 effective Oct. 1, 1984, and
inapplicable with respect to injuries sustained be-
fore Oct. I. 1984, see section 609AA(b)(I) of
Pub.L. 98-473, set out as an Effective Date note
under section 3711 of this title.
Repeals. Pub.L. 98-411, Title II, ? 204(a)(2),
Aug. 30, 1984, 98 Stat. 1561, cited as a credit to
ibis section, was repealed by Pub.L. 98473, Title
11, ? 609Z, Oct. 12, 1984, 98 Stat. 2107, effective
Oct. 1, 1984.
Legislative History. For legislative history and
purpose of Pub.L. 96-157, see 1979 U.S.Code
Cong. and Adm.News, p. 2471. See, also, Pub.L.
58-473, 1984 U.S.Code Cong. and Adm.News, p.
3182.
42 ? 3796b
Notes of Decisions
Line of duty 1
Prerequisites to recovery 2
1. Line of duty
Fact that police officer died as result of his own
negligence did not preclude finding that he died
within "line of duty" so that his widow was
entitled to benefits under this subchapter. Harold
v. U.S., 1980, 634 F.2d 547, 225 Ct.CI. 168.
Proper focus in determining whether or not
officer was acting in line of duty, for purposes of
determining survivor's death benefits under Public
Safety Officers' Benefits Act [Omnibus Crime
Control and Safe Streets Act of 1968, ?? 701-704,
as amended, 42 U.S.C.A. ?? 3796-3796c] is the
nattrve of acts being performed by officer at time
of his death. Tafoya v. U.S., 1985, 8 CI.Ct. 256.
2. Prerequisites to recovery
Police officer's death following struggle with
suspect from coronary sclerotic hypertensive heart
disease with acute and healed myocardial infarcts
did not warrant award of survivor's death benefits
under this subchapter where no injury was suf-
fered. Smykowski V. U.S., 1981, 647 F.2d 1103,
227 Ct.CI. 284.
3796b. befinitions
As used in this subchapter?
(1) "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;
(2) "dependent" means any individual who was substantially reliant for
support upon the income of the deceased public safety officer;
(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 who was responding to a fire, rescue or police emergency;
(4) "intoxication" means a disturbance of mental or physical faculties result-
ing 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;
t(t5iliiilawiffenfoTeenTe-r-itiracritTraonsetn-s-wa"n-dilifittriMOMminorfiffreotanti
4111M1411ititiElin-quenoymeontmlifforetirrait517670TfOneinentirofetheidaw.,57winejudi_ng,
brtailinlitimitedetorapolicexcorrectionslosprobationlemparoludicial,..offic_erip;
(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
Declassified and Approved For Release 2013/04/18: CIA-RDP91B00390R000300210020-2
Declassified and Approved For Release 2013/04/18 CIA-RDP91B00390R000300210020-2
? 3796b PUBLIC HEALTH AND WELFARE 11
"-publiCis-afetiffie-6-f" TiWairiS--iarr_individuarserving-a--public-agency._in_%
(4ffiCial capacith,or_without-compensatidiVa-s727.1awTenforcement officer:1a
rfirefighterT-or7ze&cue-s-quatl- oriambulance-crew
(Pub.L. 90-351, Title I, ? 1203, as added Pub.L. 96-157, ? 2, Dec. 27. 1979, 93 Stat. 1220, at
amended Publ. 98-411, Title 11, ? 204(03), Aug. 30, 1984,98 Stat. 1561; Pub.L. 98-473, Title II,
? 609F, Oct. 12, 1984, 98 Stat. 2099; Pub.L. 99-500, Title I, ? 101(b), [Title II, ? 207], Oct. 18,
1986, 100 Stat. 1783-56; Pub.L. 99-591, Title I, ? 101(b), [Title II, ? 207], Oct. 30, 1986, 100 Stal
3341-56.)
Codification. Another section 1203 of Pub.L.
90-351, forming a part of Title VII of Pub.L.
90-351 as originally enacted in 1968, is set out in
the Appendix to Title 18, Crimes and Criminal
Procedure.
Prior Provisions. A prior section 3796b, Pub.
L. 90-351, Title I, ? 703, as added Pub.L. 94-
430, ? 2, Sept. 29, 1976, 90 Stat. 1347, contained
provisions identical to this section as added by
Pub.L. 96-157.
1986 Amendments. Cl. (3). Pub.L. 99-500,
? 101(b) [Title II, ? 207(1)], added provisions
relating to members of rescue squads or ambu-
lance crews.
Cl. (7). Pub.L. 99-500, ? 101(b) [Title II,
? 207(2) ], added provisions covering member of a
rescue squad or ambulance crew.
Pub.L. 99-591 made identical amendments as
Pub.L. 99-500 to cls. (3) and (7) of this section.
1984 Amendment. Cl. (1). Pub.L. 98-473 sub-
stituted "148" for "eighteen" in subcls. (i) to (iii).
Cl. (2). Pub.L. 98-473 substituted "any indi-
vidual" for "a person".
Cl. (3). Pub.L. 98-473 substituted " 'firefight-
er' includes an individual" for "'fireman' includes
a person".
Pub.L. 98-411, ? 204(a)(3)(A), substituted
"firefig,hter" for "fireman", added subcl. (A), and
desigtLated existing provisions as subcl. (B).
Cl. (4).. Pub.L. 98-473 inserted subcls. (i) and
(ii) as evidencing intoxication by alcohol and sub-
stituted provision for intoxication resulting from
drugs or other substances in the body for provi-
sion for such intoxication resulting from the intro-
duction of drugs or other substances into the
body.
Cl. (5). Pub.L. 98-473 substituted "an individ-
ual" for "a person" and "enforcement of the laws.
including, but not limited to" for "enforcement of
the criminal laws. This includes, but is not
ed to".
Pub.L. 98-411, ? 204(a)(3)(8), substituted IA)
the duties of whose position include performiti
work directly connected with-" and "(i) the
control of crime or juvenile delinquency" for "in.
volved in" and "crime and juvenile delinquency
control or reduction", respectively, designated ex.
isting provision as subcl. (A)(ii), added subcli,
(f)(iii) and (B), and incorporated existing proyi.
sion in text set out following subcl. (B).
Cl. (6). Pub.L. 98-473 included the United
States, substituted "Virgin Islands of the United
States" for "Virgin Islands", and deleted "combi-
nation of such States, or units, or any" following
"local government,".
Pub.L. 98-411, ? 204(a)(3)(C), defined "public
agency" to include the United States.
Cl. (7). Pub.L. 98-473 substituted "an individ.
ual" for "a person" and "firefighter" for "fire.
man".
Pub.L. 98-411, ? 204(a)(3)(D), substituted
"firefighter" for "fireman".
Effective Date of 1984 Amendment. Amend.
ment by Pub.L. 98-473 effective Oct. 1, 1984, and
inapplicable with respect to injuries sustained be.
fore Oct. I, 1984, see section 609AA(b)(1) of
Pub.L. 98-473, set out as an Effective Date note
under section 3711 of this title.
Repeals. Pub.L. 98-411, Title II, ? 204(a)(3),
Aug. 30, 1984, 98 Stat. 1561, cited as a credit to
this section, was repealed by Pub.L. 98-473, Title
11, ? 609Z, Oct. 12. 1984, 98 Stat. 2107. effective
Oct. I, 1984.
Legislative History. For legislative history and
purpose of Pub.L. 96-157, see 1979 U.S.Cocle
Cong. and Adm.News, p. 2471. See, also, Pub.L.
98-473, 1984 U.S.Code Cong. and Adm.News, p.
3182; Pub.L. 99-591, 1986 U.S. Code Cong. and
Adm. News, p. 5627.
? 3796c. Administrative provisions; rules, regulations, and procedures; use of
State and local administrative and investigative assistance
(a) 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 sub-
chapter 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) In making determinations under section 3796 of this title, the Bureau may
utilize such administrative and investigative assistance as may be available from
State and local agencies. Responsibility for making final determinations shall rest
with the Bureau.
(Pub.L. 90-351, Title I, ? 1204, as added Pub.L. 96-157, ? 2, Dec. 27, 1979, 93 Stat. 1221, and
amended Pub.L. 98-473, Title II, ? 609F, Oct. 12, 1984, 98 Stat. 2100.)
npriassified and Approved For Release 2013/04/18 CIA-RDP91B00390R000300210020-2
113
Prir
1.. PO
430. 1;1
provis
Prib.L
Effi
mcni 1
inappl
? 37!
,
pursi
(Pub.1
Stat..
? 371 .
Th. ?
units !.
laws
stanc
Pu b.1
Stat.
Bel
Act, r
Title I
1242,
to sub
of Tit;