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2 Declassified and Approved For Release 2013/04/18 : CIA-RDP91 EIDE see elevate at PUBLIC HEALTH AND WELFARE law enforcement equipment, and, because as week. was without subject matier end duty detective he had to put in long hours, Be administrative denial of sur- was driving home at particularly dangerous time! Ms under this subchapter io late on Saturday night. when he was killed. R city police officer; disagreeing sell v. Law Enforcement Assistance Administ ssell v. Law Enforcement As- tion, C.A.9, 1980, 637 F.2d 1255. : ) F.2d 1255. Tafoya v. US. Although Denver police officers were requi: aw Enforcement Assistance to be on duty 24 hours a day, mother of decease 34, 748 F.2d 1389. police officer could not recover survivor's deat cial review contained in sec- benefits under Public Safety Officers’ Benefits AG ‘title does not apply to deci- in the absence of evidence that her son was killed | on; thus court of appeals had while in the line of duty. Tafoya v. U.S., 1985,3 ertain petition filed by widow CLC, 256. fe eview of administrative denial dv. Law Enforcement Assist- 5. Rules and regulations / C-A.4, 1980, 620 F.2d 35. Since obvious and overwhelming cause of death’ of fireman was Preexisting, prolonged and degen’ . : erative heart disease, Party seeking survivors death e section extends to.all police benefits under this subchapter was not entitled 1 ms of fatal injuries sustained : ; bs : i ; recover on basis of regulatory requirement that in determining what consti- ae : vi . : any reasonable doubt arising from circumstances Law Enforcement Assistance : ; . of officer's death be resolved in favor of payment ourt should look to general of death benefits. Morrow vy, ULS., 1981, 647 yn law as guide to develop- Paige : and interpret job-relatedness F.2d 1099, 227 Ct.cl. 290, certiorari denied 102 f pret } sani S.Ct. 475, 454 U.S. 940, 70 L.Ed.2d 247. sistently with workers’ com- a nless there is significant pol- Lack of evidence as to smoke or carbon monox- Russell v. Law Enforce- ide inhalation by firefighter who died of heart inistration, C.A.9, 1980, 637 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. fficer killed in automobile ing heart attack so as to render it compensable home from work was enti- under this subchapter; therefore, such regulations F lis section where officer was were not retroactively applied to claim of firefight. n car on the job, he usually —er's widow, for benefits under this subchapter rkday on the road, he used were denied on basis that firefighter's death was & activities on the day of the not direct and proximate result of personal injury g home he was tendering — within meaning of this subchapter. North v. U, er by transferring piece of S., C1.Ct. 1982, 555 F.Supp. 382. : ions on benefits be paid under this subchapter— ath was caused by the intentional misconduct of the public safety such officer’s intention to bring about his death; iblic safety officer was voluntarily intoxicated at the time of his ublic safety officer was performing his duties in a grossly { ner at the time of his death; dividual who would otherwise be entitled to a benefit under this 4 uch individual's actions were a substantial contributing factor te e public safety officer; or } idividual employed in a capacity other than a civilian capacity. 1. § 1202, as added Pub.L. 96-157, § 2, Dec. 27, 1979, $3 Stat. 1220, and 1, Title II, § 204(a)(2), Aug. 30, 1984, 98 Stat. 1561: Pub.L, 98-473, Title II, 98 Stat. 2099.) : tr section 1202 of Pub.L. 1984 Amendment. Cl. (1). Pub.L. 98-473 re ff | Of Title VII of Pub.L. enacted existing provision. cted in 1968, is set out in 18. Crimes and Criminal Cl: (2). Pub.L. 98-473 substituted “if the pub- lic safety officer was voluntarily intoxicated at the : ear ee time of his death” for “if voluntary intoxication of prior section a, ub. : ‘: f ‘ W, ae added BURL 6a. it ae tet was the proximate cause 10 Stat. 1347, contained his section as added by Cl. (3). Pub.L. 98-473 added cl. (3). Former cl. (3) redesignated (4). Declassified and Approved For Release 2013/04/18 : CIA-RDP91B00390R000300210020-2 it PUBLIC HEALTH AND WELFARE 42 § 3796b C!. (4). Pub.L. 98-473 redesignated former cl. Notes of Decisions y ae (4) and substituted therein “individual” for — Line of duty 1 . a one and “individual's actions” for “person's Prerequisites to recovery “pers actions”. i di. Line of duty .L. 98-411 added cl. (4), which exclude ; fete of benefits to any person employed in a Fact that police see creda restl af Be oa Late an a civilian capacity. negligence did not preclude finding tha aa aa diel a Naieg oii, wahin “4ine of duty” so that his widow was Cl. (5). Pub.L, 98-473 added el. (5). entitled to benefits under this oa ce e US., 1980, 634 F.2d 547, 225 Ct.Cl. ' * ive Date of 1984 Amendment. Amend v. : ; ca preeray 98-473 effective Oct. 1, 1984, and Proper focus in aoe eM sae fs ble with respect to injuries sustained be- _ officer was acting in tine of du ie mates mene 1, 1984, see section 609AA(b)(1) of | determining survivor's death benefits un: fore Oct. |, . : 5 i Crime Safety Officers’ Benefits Act [Omnibus Control and Safe Streets Act of 1968, §§ 701-704, as amended, 42 U.S.C.A. §§ Same aad is the i IF 3 i formed by officer at time Is, Pub.L. 98-411, Title If, § 204a)(2), nature of acts being per we ae 1984, 98 Stat. 1561, cited as a credit to of his death. Tafoya v. U.S., 1985, 8 CLCt. 256. this section, was repealed by Pub.L. 98-473, Title Ue eee etsy Tete 2h Serer et cree Police officer's death following struggle with Se ahd suspect from coronary sclerotic i Cassa Lia i islative hi isease wi aled myocardia! infarcts islative History. For legislative history and disease with acute and hea myc Bae or ‘96-157, see 1979 U.S.Code — did not warrant award of survivor's death aa Ce and Adm.News, p. 2471. See, also, Pub.L. under this ee toe pees be ae 73 i Cong. and Adm.News, p. fered. Smykowski v. US., i : 3, Heh 1984 U.S.Code Cong ce Pub.L. 98-473, set out as an Effective Date note under section 3711 of this title. 2. Prerequisites to recovery § 3796b. Definitions As used in this subchapter— , ere ild” illegiti adopted, or posthumous chi ) “child” means any natural, illegitimate, adopted, nell devchia 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 us defined in section 8101 of Title d; or (iii) over 18 years of age and incapable of self-support because o physical or mental disability; . (2) “dependent” means any individual who was ay reliant for support upon the income of the deceased public safety officer; irefi aie indivi i fficially recognized or “Firefighter” includes an individual serving as an o ieee fenbel of a legally organized volunteer fire department mice an officially recognized or designated public employee member of a rescue eau of 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 a than .20 per centum unless the Bureau receives convineing evidence oe ad 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; d6amibla waren forcemerivwo fice ePMeansn al ING VidU a involvedm iMCr inesand ‘DiTUNTOtlimitedmtonspolicesmcorrections¥aprobationnsparolemandgdudi: alsofficers (6) “public agency” means the United States, any State of the ee the District of Columbia, the Commonwealth of Puerto Rico, the ew ae i of the United States, Guam, American Samoa, the Trust Territory of the on i Islands, the Commonwealth of the Northern Mariana Islands, and any ae ony or possession of the United States, or any unit of local government, department, agency, or instrumentality of any of the foregoing; and So ayes mi pyareile ietet Mies iever sires gr. FMM CIN BUS aa RYN ROE Te LARUE MC gg eee ta gludica Sin PRP GE Pied FUE RE aE ON Bay . ’ 2 §3796b PUBLIC HEALTH AND WELFARE Declassified and Approved For Release 2013/04/18 : CIA-RDP91 BO0390R0003002 10020-2 (Pub.L. 90-351, Title I, § 1203, as added Pub_L, 96-157, § 2, Dec. 27, 1979, 93 Stat. 1220, and amended Pub.L. 98-411, Title II, § 204(a)(3), Aug. 30, 1984, 98 Stat. 1561; Pub.L. 98-473, Title IL § 609F, Oct. 12, 1984, 98 Stat. 2099: Pub.L. 99-500, Title I, § 101(b), [Title II, § 207], Oct. 19 f 1986, 100 Stat. 1783-56; Pub.L. 99-591, Title I, § 101(b), [Title HI, § 207], Oct. 30, 1986, 100 Stat § 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- Jance 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. Ci. (1). Pub.L. 98-473 sub- Stituted “\8" for “eighteen” in subcls. (i) to Gi). Cl. (2). Pub.L. 98-473 substituted “any indi- vidual” for “ta 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 “firefighter” for “fireman”, added subcl. (A), and desiggated 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. ed to”. This includes, but is not limit. f “y Pub.L. 98-411, § 204(a)(3)(B), substituted “(AE the duties of whose position include performing work directly connected with—" and “) the control of crime or juvenile delinquency” for “in. volved in" and “crime and juvenile delinquency F control or reduction”, respectively, designated ex. § isting provision as subcl. (A)(ii), added subels, F sion in text set out following subcl. (B). Cl. (6). Pub.L. 98-473 included the United | States, substituted “Virgin Islands of the United (A)(iii) and (B), and incorporated existing provi. B 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” man”. Pub.L. 98-411, § 204(a)(3)(D), “firefighter” for “fireman”. for “fire fF substituted E Effective Date of 1984 Amendment. Amend: ff ment by Pub.L. 98-473 effective Oct. 1, 1984, and FF inapplicable with respect to injuries sustained be- fore Oct. 1, 1984, see section 609A A(b)(1) of Pub.L. 98-473, set out as an Effective Date note B . q under section 3711 of this title. Repeals, . Pub.L. 98-411, Title Th, § 204(a)(3), & Aug. 30, 1984, 98 Stat. 1561, cited as a credit to q this section, was repealed by Pub.L. 98-473, Title § II, § 6092, Oct. 12, 1984, 98 Stat. 2107, effective F Oct. 1, 1984, Legislative History. For legislative history and § purpose of Pub.L. 96-157, see 1979 U.S.Codé Cong. and Adm.News, p. 2471. See, also, Pub.L. E 98-473, 1984 U.S.Code Cong. and Adm.News, pe 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 § the purposes of this subchapter. Such rules, as may be necessary to carry out regulations, and procedures will be determinative of conflict of laws issues arising under this subchapter. chapter may include regulations Rules, regulations, and procedures issued under this sub- q j governing the recognition of agents or other | persons representing claimants under this subchapter before the Bureau. 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, with the Bureau. (Pub.L. 90-351, Title I, § 1204, as added Pub.L. 96-157, amended Pub.L. 98-473, Title Hf, § 609F, Oct. 12, 1984, 98 Stat. 2100.) Declassified and Approved For Release 2013/04/18 : CIA-RDP91B00390R000300210020-2 § 2, Dec. 27, 1979, 93 Stat. 1221, and - Responsibility for making final determinations shall rest | i 113 Pri: | L. 90 430, § Provis Pub.b Eff | ment i inappl § 37! The purst (Pub) Stat. . § 378 Th: units | laws stance (PubJ Stat. Ref. Act, 1 Title | 1242, to sub of Tit: