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42 U.S.C. § 239f — Payment for death
Federal law — U.S. Code and appendices · legal_authorities
**(a) Death benefit**
(1) **In general** — The Secretary shall pay, in the case of an eligible individual whose death is determined to have resulted from a covered injury or injuries, a death benefit in the amount determined under paragraph (2) to the survivor or survivors in the same manner as death benefits are paid pursuant to the Public Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ([42 U.S.C. 3796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3796&num=0&edition=prelim) et seq.) 11 See References in Text note below. with respect to an eligible deceased (except that in the case of an eligible individual who is a minor with no living parent, the legal guardian shall be considered the survivor in the place of the parent).
(2) **Benefit amount**
(A) *In general* — The amount of the death benefit under paragraph (1) in a fiscal year shall equal the amount of the comparable benefit calculated under the Public Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ([42 U.S.C. 3796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3796&num=0&edition=prelim) et seq.) 1 in such fiscal year, without regard to any reduction attributable to a limitation on appropriations, but subject to subparagraph (B).
(B) *Reduction for payments for lost employment income* — The amount of the benefit as determined under subparagraph (A) shall be reduced by the total amount of any benefits paid under [section 239d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239d&num=0&edition=prelim) with respect to lost employment income.
(3)
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Source file: Laws/federal/codes/united-states-code/title-42/section-239f-payment-for-death--b56ad63610.md
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Source location: Title 42, Chapter 6A, § 239f; chapter-6a-public-health-service.md
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**(a) Death benefit**
(1) **In general** — The Secretary shall pay, in the case of an eligible individual whose death is determined to have resulted from a covered injury or injuries, a death benefit in the amount determined under paragraph (2) to the survivor or survivors in the same manner as death benefits are paid pursuant to the Public Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ([42 U.S.C. 3796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3796&num=0&edition=prelim) et seq.) 11 See References in Text note below. with respect to an eligible deceased (except that in the case of an eligible individual who is a minor with no living parent, the legal guardian shall be considered the survivor in the place of the parent).
(2) **Benefit amount**
(A) *In general* — The amount of the death benefit under paragraph (1) in a fiscal year shall equal the amount of the comparable benefit calculated under the Public Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ([42 U.S.C. 3796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3796&num=0&edition=prelim) et seq.) 1 in such fiscal year, without regard to any reduction attributable to a limitation on appropriations, but subject to subparagraph (B).
(B) *Reduction for payments for lost employment income* — The amount of the benefit as determined under subparagraph (A) shall be reduced by the total amount of any benefits paid under [section 239d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239d&num=0&edition=prelim) with respect to lost employment income.
(3) **Limitations**
(A) *In general* — No benefit is payable under paragraph (1) with respect to the death of an eligible individual if—
(i) a disability benefit is paid with respect to such individual under the Public Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ([42 U.S.C. 3796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3796&num=0&edition=prelim) et seq.); 1 or
(ii) a death benefit is paid or payable with respect to such individual under the Public Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ([42 U.S.C. 3796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3796&num=0&edition=prelim) et seq.).1
(B) *Exception in the case of a limitation on appropriations for disability benefits under PSOB* — In the event that disability benefits available to an eligible individual under the Public Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ([42 U.S.C. 3796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3796&num=0&edition=prelim) et seq.) 1 are reduced because of a limitation on appropriations, and such reduction would affect the amount that would be payable under subparagraph (A) without regard to this subparagraph, benefits shall be available under paragraph (1) to the extent necessary to ensure that the survivor or survivors of such individual receives a total amount equal to the amount described in paragraph (2).
**(b) Election in case of dependents**
(1) **In general** — In the case of an eligible individual whose death is determined to have resulted from a covered injury or injuries, if the individual had one or more dependents under the age of 18, the legal guardian of the dependents may, in lieu of the death benefit under subsection (a), elect to receive on behalf of the aggregate of such dependents payments in accordance with this subsection. An election under the preceding sentence is effective in lieu of a request under subsection (a) by an individual who is not the legal guardian of such dependents.
(2) **Amount of payments** — Payments under paragraph (1) with respect to an eligible individual described in such paragraph shall be made as if such individual were an eligible individual to whom compensation would be paid under subsection (a) of [section 239d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239d&num=0&edition=prelim), with the rate augmented in accordance with subsection (b)(2) of such section and with such individual considered to be an eligible individual described in subsection (c)(3)(B) of such section.
(3) **Limitations**
(A) *Age of dependents* — No payments may be made under paragraph (1) once the youngest of the dependents involved reaches the age of 18.
(B) *Benefits secondary to other coverage*
(i) *In general* — Any payment under paragraph (1) shall be secondary to the obligation of the United States or any third party (including any State or local governmental entity, private insurance carrier, or employer), under any other law or contractual agreement, to pay compensation for loss of employment income or to provide disability benefits, retirement benefits, life insurance benefits on behalf of dependents under the age of 18, or death benefits.
(ii) *Relation to other obligations* — Payments under paragraph (1) shall not be made to with respect to 22 So in original. an eligible individual to the extent that the total of amounts paid with respect to the individual under such paragraph and under the other obligations referred to in clause (i) is an amount that exceeds the rate of payment that applies under paragraph (2). If under any such other obligation a lump-sum payment is made, such payment shall, for purposes of this subparagraph, be deemed to be received over multiple years rather than received in a single year. The Secretary may, in the discretion of the Secretary, determine how to apportion such payment over multiple years.
**(c) Benefit in addition to medical benefits** A benefit under subsection (a) or (b) shall be in addition to any amounts received by an eligible individual under [section 239c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239c&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) 11 So in original. No subsec. (b) has been enacted. Smallpox vaccine injury table**
(1) **Establishment required** — The Secretary shall establish by interim final regulation a table identifying adverse effects (including injuries, disabilities, illnesses, conditions, and deaths) that shall be presumed to result from the administration of (or exposure to) a smallpox vaccine, and the time period in which the first symptom or manifestation of onset of each such adverse effect must manifest in order for such presumption to apply.
(2) **Amendments** — The Secretary may by regulation amend the table established under paragraph (1). An amendment to the table takes effect on the date of the promulgation of the final rule that makes the amendment, and applies to all requests for benefits or compensation under this part that are filed on or after such date or are pending as of such date. In addition, the amendment applies retroactively to an individual who was not with respect to the injury involved an eligible individual under the table as in effect before the amendment but who with respect to such injury is an eligible individual under the table as amended. With respect to a request for benefits or compensation under this part by an individual who becomes an eligible individual as described in the preceding sentence, the Secretary may not provide such benefits or compensation unless the request (or amendment to a request, as applicable) is filed before the expiration of one year after the effective date of the amendment to the table in the case of an individual to whom the vaccine was administered and before the expiration of two years after such effective date in the case of a request based on accidental vaccinia inoculation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 239c
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 3795a was editorially reclassified as [section 10272 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10272&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3796
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to the succeeding provisions of this section, the Secretary shall make payment or reimbursement for medical items and services as reasonable and necessary to treat a covered injury of an eligible individual, including the services, appliances, and supplies prescribed or recommended by a qualified physician, which the Secretary considers likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of monthly compensation.
**(b) Benefits secondary to other coverage** Payment or reimbursement for services or benefits under subsection (a) shall be secondary to any obligation of the United States or any third party (including any State or local governmental entity, private insurance carrier, or employer) under any other provision of law or contractual agreement, to pay for or provide such services or benefits.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 239d
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Federal law — U.S. Code and appendices · legal_authorities
There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10101
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Federal law — U.S. Code and appendices · legal_authorities
Page 130
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 239f
2 So in original.
1 So in original. Probably should be ‘‘part’’.
(3) Limitations
(A) In general
No benefit is payable under paragraph (1)
with respect to the death of an eligible indi-
vidual if—
(i) a disability benefit is paid with re-
spect to such individual under the Public
Safety Officers’ Benefits Program under
subpart 1 of part L of title I of the Omni-
bus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796 et seq.); 1 or
(ii) a death benefit is paid or payable
with respect to such individual under the
Public Safety Officers’ Benefits Program
under subpart 1 of part L of title I of the
Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796 et seq.).1
(B) Exception in the case of a limitation on
appropriations
for
disability
benefits
under PSOB
In the event that disability benefits avail-
able to an eligible individual under the Pub-
lic Safety Officers’ Benefits Program under
subpart 1 of part L of title I of the Omnibus
Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796 et seq.) 1 are reduced because
of a limitation on appropriations, and such
reduction would affect the amount that
would be payable under subparagraph (A)
without regard to this subparagraph, bene-
fits shall be available under paragraph (1) to
the extent necessary to ensure that the sur-
vivor or survivors of such individual receives
a total amount equal to the amount de-
scribed in paragraph (2).
(b) Election in case of dependents
(1) In general
In the case of an eligible individual whose
death is determined to have resulted from a
covered injury or injuries, if the individual
had one or more dependents under the age of
18, the legal guardian of the dependents may,
in lieu of
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 239f
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 5983
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 3796d–3
SUBCHAPTER XII—PUBLIC SAFETY
OFFICERS’ DEATH BENEFITS
PART A—DEATH BENEFITS
§ 3796. Transferred
Editorial Notes
CODIFICATION
Section 3796 was editorially reclassified as section
10281 of Title 34, Crime Control and Law Enforcement.
PRIOR PROVISIONS
A prior section 3796, Pub. L. 90–351, title I, § 701, as
added Pub. L. 94–430, § 2, Sept. 29, 1976, 90 Stat. 1346, con-
tained provisions similar to those in section 10281 of
Title 34, Crime Control and Law Enforcement, prior to
the general amendment of title I of Pub. L. 90–351 by
Pub. L. 96–157.
§ 3796a. Transferred
Editorial Notes
CODIFICATION
Section 3796a was editorially reclassified as section
10282 of Title 34, Crime Control and Law Enforcement.
PRIOR PROVISIONS
A prior section 3796a, Pub. L. 90–351, title I, § 702, as
added Pub. L. 94–430, § 2, Sept. 29, 1976, 90 Stat. 1347, con-
tained provisions similar to those in section 10282 of
Title 34, Crime Control and Law Enforcement, prior to
the general amendment of title I of Pub. L. 90–351 by
Pub. L. 96–157.
§ 3796a–1. Transferred
Editorial Notes
CODIFICATION
Section 3796a–1 was editorially reclassified as section
10283 of Title 34, Crime Control and Law Enforcement.
§ 3796b. Transferred
Editorial Notes
CODIFICATION
Section 3796b was editorially reclassified as section
10284 of Title 34, Crime Control and Law Enforcement.
PRIOR PROVISIONS
A prior section 3796b, Pub. L. 90–351, title I, § 1203, as
added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1220;
amended Pub. L. 98–411, title II, § 204(a)(3), Aug. 30, 1984,
98 Stat. 1561; Pub. L. 98–473, title II, § 609Z, Oct. 12, 1984,
98 Stat. 2107, contained provisions similar to those in
section 10284 of Title 34, Crime Control and La
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 3796
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 3796. This identifies an authority to review, not proof of applicability.