90TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session REPORT No. 1187 BENEFITS FOR LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED STATES WHO ARE KILLED OR INJURED WHILE APPREHENDING VIOLATORS OF FEDERAL LAW MARCH 25, 1968.-Ordered to be printed Mr. ASHMORE, from the committee of conference, submitted. the following CONFERENCE REPORT [To accompany H.R. 11816] The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 11816) to provide certain benefits for law enforcement officers not employed by the United States who are killed or injured while apprehending violators of Federal law, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment. of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment insert the following: SECTION 1. (a) Chapter 81 of title 5 of the United States Code is amended by adding the following new subchapter at the end: "SUBCHAPTER III.—LAW ENFORCEMENT OFFICERS 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 enforcement officers (referred to in this subchapter as eligible officers') and their survivors. For the purposes of this Act, 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 or "(A) for the commission of a crime against the United States, "(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. "§ 8192. Benefits "(a) BENEFITS IN EVENT OF INJURY.-The Secretary of Labor shall furnish to any eligible officer the benefits to which he would have been entitled 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 discretion may deem appropriate to reflect comparable 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 enforcement officer has contributed to a disability compensation 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 contribution 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 Secretary of Labor shall pay to any survivor of an eligible officer the difference, as determined by the Secretary in his discretion, between the benefits 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 eligibility, and the comparable benefits, if any, received by the survivor (or which that survivor would have been entitled to receive but for this subchapter) by virtue of the officer's actuai employment on that occasion. When an enforcement officer has contributed to a survivor's benefit 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 contribution paid by the State or local government bears to the cost of survivor's benefits coverage for the individual officer. H.R. 1187 "§ 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 subsection (b) of this section. "(b) DELEGATION. "(1) The Attorney General may delegate to any division, officer, or employee of the Department 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 Department of Labor any function conferred upon the Secretary of Labor by this subchapter. "(c) APPLICATIONS.-An application for any benefit under this subchapter may be made only— "(1) to the Secretary of Labor "(2) by "(A) any eligible officer or survivor of an eligible 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 officers 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 pursuant to this subchapter to the Attorney General for his assistance, comments and advice as to any determination required to be made pursuant to paragraph (1), (2), or (3) of section 8191. To insure that all Federal assistance under this subchapter is carried out in a coordinated manner, the Secretary of Labor is authorized to request any Federal department or agency to supply 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 Secretary 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 assure that the benefits of this subchapter are made available to eligible officers and their survivors with a minimum of delay and difficulty. "(e) APPROPRIATIONS.-There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.' (b) The table of sections at the beginning of chapter 81 of title 5 of the United States Code is amended by adding at the end: 90-760 O 74-66 H.R. 11ST "Sec. "SUBCHAPTER III-LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED STATES "8191. Determination of eligibility. "8192. Benefits. "8193. Administration." SEC. 2. The amendments made by section 1 of this Act are effective only with respect to personal injuries sustained on or after the date of enactment of this Act. And the Senate agree to the same. Amend the title so as to read: "An Act to provide compensation for law enforcement officers not employed by the United States killed or injured while apprehending persons suspected of committing Federal crimes, and for other purposes." And the Senate agree to the same. ROBERT T. ASHMORE, JOSHUA EILBERG, HENRY P. SMITH III, THOMAS J. MESKILL, CHARLES W. SANDMAN, Jr., Managers on the Part of the House. JOHN L. MCCLELLAN, JAMES O. EASTLAND, SAM J. ERVIN, Jr., PHILIP A. HART, EDWARD M. KENNEDY, ROMAN L. HRUSKA, HUGH SCOTT, STROM THURMOND, Managers on the Part of the Senate. H.R. 1187 |