PRIA, Government Policy, Made Personal

Summary

Provides benefits to certain law enforcement officers and their survivors when the Secretary of Labor decides the officer was, on a particular occasion, acting as a law enforcement officer and was injured in the course of specific duties. An eligible officer is one the Secretary finds was, on that occasion, arresting or trying to arrest someone wanted for a U.S. crime or sought as a material witness; guarding someone held for a U.S. crime or as a material witness; or lawfully preventing or trying to prevent a U.S. crime. The officer must not have been an “employee” under section 8101(1) at that time, and must have suffered a personal injury that the United States would have had to compensate under subchapter I if the officer had been such an employee performing duty. A survivor is not barred from benefits just because the person pursued was wanted by a non‑U.S. government.

Title 5, §8191

Government Organization and Employees, Source: USLM XML via OLRC

The benefits of this subchapter are available as provided in this subchapter to eligible law enforcement officers (referred to in this subchapter as “eligible officers”) and their survivors. 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 apprehension or attempted apprehension of any person—

(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 material witness in a criminal proceeding instituted 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 material 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 employee 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 compensation if he had been on that occasion such an employee 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 person apprehended or attempted to be apprehended by such officer was then sought for the commission of a crime against a sovereignty other than the United States.

Notes & Related Subsidiaries

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 AmendmentAmendment 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 section 8192 and 8193 of this title] are effective only with respect to personal injuries sustained on or after the date of enactment of this Act [Apr. 19, 1968].”

§8191 Determination of Eligibility

Summary

Title 5, §8191

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Amendments

Citations & Metadata