5 U.S.C. § 8191 — Determination of eligibility

Page 966 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8173 (2) employed outside the continental United States; compensation shall be provided in accordance with regulations prescribed by the Secretary of the military department concerned and ap- proved by the Secretary of Defense or regula- tions prescribed by the Secretary of Transpor- tation, as the case may be. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 556; Pub. L. 103–272, § 4(b)(3), July 5, 1994, 108 Stat. 1361; Pub. L. 103–337, div. A, title X, § 1070(d)(8)(B), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 104–106, div. A, title XV, § 1505(b)(2), Feb. 10, 1996, 110 Stat. 514.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 150k–1(b). July 18, 1958, Pub. L. 85–538, § 1 ‘‘Sec. 2(b)’’, 72 Stat. 397. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1996—Pub. L. 104–106 substituted ‘‘(33 U.S.C. 902(2))’’ for ‘‘(33 U.S.C. 2(2))’’ in introductory provisions. 1994—Pub. L. 103–337 substituted ‘‘section 2(2) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 2(2))’’ for ‘‘section 902(2) of title 33’’ in introduc- tory provisions. Pub. L. 103–272 substituted ‘‘Secretary of Transpor- tation’’ for ‘‘Secretary of the Treasury’’ in concluding provisions. § 8173. Liability under this subchapter exclusive The liability of the United States or of a non- appropriated fund instrumentality described by section 2105(c) of this title, with respect to the disability or death resulting from injury, as de- fined by section 2(2) of the Longshore and Har- bor Workers’ Compensation Act (33 U.S.C. 902(2)), of an employee referred to by sections 8171 and 8172 of this title, shall be determined as provided by this subchapter. This liability is ex- clusive and instead of all other liability of the United States or the instrumentality to the em- ployee, his legal representative, spouse, depend- ents, next of kin, and any other person other- wise entitled to recover damages from the United States or the instrumentality because of the disability or death in a direct judicial pro- ceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen’s compensation statute or under a Federal tort liability statute. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 556; Pub. L. 103–337, div. A, title X, § 1070(d)(8)(B), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 104–106, div. A, title XV, § 1505(b)(2), Feb. 10, 1996, 110 Stat. 514.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 150k–1(c). July 18, 1958, Pub. L. 85–538, § 1 ‘‘Sec. 2(c)’’, 72 Stat. 397. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1996—Pub. L. 104–106 substituted ‘‘(33 U.S.C. 902(2))’’ for ‘‘(33 U.S.C. 2(2))’’. 1994—Pub. L. 103–337 substituted ‘‘section 2(2) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 2(2))’’ for ‘‘section 902(2) of title 33’’. SUBCHAPTER III—LAW ENFORCEMENT OF- FICERS NOT EMPLOYED BY THE UNITED STATES § 8191. Determination of eligibility The benefits of this subchapter are available as provided in this subchapter to eligible law en- forcement officers (referred to in this sub- chapter as ‘‘eligible officers’’) and their sur- vivors. For the purposes of this subchapter, an eligible officer is any person who is determined by the Secretary of Labor in his discretion to have been on any given occasion— (1) a law enforcement officer and to have been engaged on that occasion in the appre- hension or attempted apprehension of any per- son— (A) for the commission of a crime against the United States, or (B) who at that time was sought by a law enforcement authority of the United States for the commission of a crime against the United States, or (C) who at that time was sought as a mate- rial witness in a criminal proceeding insti- tuted by the United States; or (2) a law enforcement officer and to have been engaged on that occasion in protecting or guarding a person held for the commission of a crime against the United States or as a ma- terial witness in connection with such a crime; or (3) a law enforcement officer and to have been engaged on that occasion in the lawful prevention of, or lawful attempt to prevent, the commission of a crime against the United States; and to have been on that occasion not an em- ployee as defined in section 8101(1), and to have sustained on that occasion a personal injury for which the United States would be required under subchapter I of this chapter to pay compensa- tion if he had been on that occasion such an em- ployee engaged in the performance of his duty. No person otherwise eligible to receive a benefit under this subchapter because of the disability or death of an eligible officer shall be barred from the receipt of such benefit because the per- son apprehended or attempted to be apprehended by such officer was then sought for the commis- sion of a crime against a sovereignty other than the United States. (Added Pub. L. 90–291, § 1(a), Apr. 19, 1968, 82 Stat. 98; amended Pub. L. 90–623, § 1(20), Oct. 22, 1968, 82 Stat. 1313.) Page 967 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8193 Editorial Notes AMENDMENTS 1968—Pub. L. 90–623 substituted ‘‘For the purposes of this subchapter’’ for ‘‘For the purposes of this Act’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. EFFECTIVE DATE Section 2 of Pub. L. 90–291 provided that: ‘‘The amendments made by section 1 of this Act [enacting this section and sections 8192 and 8193 of this title] are effective only with respect to personal injuries sus- tained on or after the date of enactment of this Act [Apr. 19, 1968].’’ § 8192. Benefits (a) BENEFITS IN EVENT OF INJURY.—The Sec- retary of Labor shall furnish to any eligible offi- cer the benefits to which he would have been en- titled under subchapter I of this chapter if, on the occasion giving rise to his eligibility, he had been an employee as defined in section 8101(1) engaged in the performance of his duty, reduced or adjusted as the Secretary of Labor in his dis- cretion may deem appropriate to reflect com- parable benefits, if any, received by the officer (or which he would have been entitled to receive but for this subchapter) by virtue of his actual employment on that occasion. When an enforce- ment officer has contributed to a disability com- pensation fund, the reduction of Federal benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or con- tribution paid by the State or local government bears to the cost of disability coverage for the individual officer. (b) BENEFITS IN EVENT OF DEATH.—The Sec- retary of Labor shall pay to any survivor of an eligible officer the difference, as determined by the Secretary in his discretion, between the ben- efits to which that survivor would be entitled if the officer had been an employee as defined in section 8101(1) engaged in the performance of his duty on the occasion giving rise to his eligi- bility, and the comparable benefits, if any, re- ceived by the survivor (or which that survivor would have been entitled to receive but for this subchapter) by virtue of the officer’s actual em- ployment on that occasion. When an enforce- ment officer has contributed to a survivor’s ben- efit fund, the reduction of Federal benefits pro- vided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or con- tribution paid by the State or local government bears to the cost of survivor’s benefits coverage for the individual officer. (Added Pub. L. 90–291, § 1(a), Apr. 19, 1968, 82 Stat. 99.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective only with respect to personal inju- ries sustained on or after Apr. 19, 1968, see section 2 of Pub. L. 90–291, set out as a note under section 8191 of this title. § 8193. Administration (a) DEFINITIONS AND RULES OF CONSTRUCTION.— For the purpose of this subchapter— (1) The term ‘‘Attorney General’’ includes any person to whom the Attorney General has delegated any function pursuant to subsection (b) of this section. (2) The term ‘‘Secretary of Labor’’ includes any person to whom the Secretary of Labor has delegated any function pursuant to sub- section (b) of this section. (b) DELEGATION.— (1) The Attorney General may delegate to any division, officer, or employee of the De- partment of Justice any function conferred upon the Attorney General by this subchapter. (2) The Secretary of Labor may delegate to any bureau, officer, or employee of the Depart- ment of Labor any function conferred upon the Secretary of Labor by this subchapter. (c) APPLICATIONS.—An application for any ben- efit under this subchapter may be made only— (1) to the Secretary of Labor (2) by (A) any eligible officer or survivor of an el- igible officer, (B) any guardian, personal representative, or other person legally authorized to act on behalf of an eligible officer, his estate, or any of his survivors, or (C) any association of law enforcement of- ficers which is acting on behalf of an eligible officer or any of his survivors; (3) within five years after the injury or death; and (4) in such form as the Secretary of Labor may require. (d) CONSULTATION WITH ATTORNEY GENERAL AND OTHER AGENCIES.—The Secretary of Labor may refer any application received by him pur- suant to this subchapter to the Attorney Gen- eral for his assistance, comments and advice as to any determination required to be made pursu- ant to paragraph (1), (2), or (3) of section 8191. To insure that all Federal assistance under this subchapter is carried out in a coordinated man- ner, the Secretary of Labor is authorized to re- quest any Federal department or agency to sup- ply any statistics, data, or any other materials he deems necessary to carry out his functions under this subchapter. Each such department or agency is authorized to cooperate with the Sec- retary of Labor and, to the extent permitted by law, to furnish such materials to him. (e) COOPERATION WITH STATE AGENCIES.—The Secretary of Labor shall cooperate fully with the appropriate State and local officials, and shall take all other practicable measures, to as- sure that the benefits of this subchapter are made available to eligible officers and their sur- vivors with a minimum of delay and difficulty.