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82 STAT. 91

ment of any article or commodity in commerce or the conduct or performance of any federally protected function—

"Shall be fined not more than $10,000 or imprisoned not more than Penalty. five years, or both.

(b) Nothing contained in this section shall make unlawful any act of any law enforcement officer which is performed in the lawful performance of his official duties.

"8 232. Definitions

"For purposes of this chapter:

"(1) The term 'civil disorder' means any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual.

(2) The term 'commerce' means commerce (A) between any State or the District of Columbia and any place outside thereof; (B) between points within any State or the District of Columbia, but through any place outside thereof; or (C) wholly within the District of Columbia.

*(3) The term 'federally protected function' means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof; and such term shall specifically include, but not be limited to, the collection and distribution of the United States mails.

“(4) The term 'firearm' means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.

"(5) The term 'explosive or incendiary device' means (A) dynamite and all other forms of high explosives, (B) any explosive bomb, grenade, missile, or similar device, and (C) any incendiary bomb or grenade, fire bomb, or similar device, including any device which (i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and (ii) can be carried or thrown by one individual acting alone.

"(6) The term 'fireman' means any member of a fire department (including a volunteer fire department) of any State, any political subdivision of a State, or the District of Columbia.

"(7) The term law enforcement officer' means any officer or employee of the United States, any State, any political subdivision of a State, or the District of Columbia, while engaged in the enforcement or prosecution of any of the criminal laws of the United States, a State, any political subdivision of a State, or the District of Columbia; and such term shall specifically include, but shall not be limited to, members of the National Guard, as defined in section 101 (9) of title 10, United States Code, members of the organized militia of any State, or 70A Stat. 4. territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, not included within the definition of National Guard as defined by such section 101(9), and members of the Armed Forces of the United States, while engaged in suppressing acts of violence or restoring law and order during a civil disorder.

"§ 233. Preemption

"Nothing contained in this chapter shall be construed as indicating an intent on the part of Congress to occupy the field in which any provisions of the chapter operate to the exclusion of State or local laws on

82 STAT. 92

62 Stat. 683.

the same subject matter, nor shall any provision of this chapter be construed to invalidate any provision of State law unless such provision is inconsistent with any of the purposes of this chapter or any provision thereof."

(b) The table of contents to "PART I.-CRIMES" of title 18, United States Code, is amended by inserting after

"11. Bribery and graft--

a new chapter reference as follows:

"12. Civil disorders---.

Approved April 11, 1968.

211"

231".

LEGISLATIVE HISTORY:

HOUSE REPORT No. 473 (Comm. on the Judiciary).
SENATE REPORT No. 721
CONGRESSIONAL RECORD:
Vol. 113 (1967):
Vol. 114 (1968):

(Comm. on the Judiciary).

Aug. 15, 16, considered and passed House. Jan. 18-31, Feb. 1-29, Mar. 1-11, considered and passed Senate, amended.

Mar. 14, Apr. 10, House considered and agreed

90th Congress, H. R. 11816

April 19, 1968

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.

Local law en

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Chapter 81 of title 5 of the United States Code is foroement offiamended by adding the following new subchapter at the end:

cers.
Benefits for in-

"SUBCHAPTER III.-LAW ENFORCEMENT OFFICERS NOT Jury or death

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

while appre hending Federal violators.

80 Stat. 531.

5 USC 8101
et seq.

82 STAT. 98

"(A) for the commission of a crime against the United 82 STAT. 99 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 80 Stat. 532; which the United States would be required under subchapter I of this 81 Stat. 196. 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. "88192. 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

80 Stat. 532; 81 Stat. 196.

82 STAT. 99 82 STAT. 100

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 actual 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.

"§ 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.

66

"(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

66

"(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

66

"(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 atistics, etc., 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

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"(e) COOPERATION WITH STATE AGENCIES.-The Secretary of Labor shall cooperate fully with the appropriate State and local officials, and retary of 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.

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"(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:

"SUBCHAPTER III.-LAW ENFORCEMENT OFFICERS NOT
EMPLOYED BY THE UNITED STATES

"Sec.

"8191. Determination of eligibility.

"8192. Benefits.

"8193. Administration."

82 STAT. 100

SEC. 2. The amendments made by section 1 of this Act are effective Effective only with respect to personal injuries sustained on or after the date of date. enactment of this Act.

Approved April 19, 1968.

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LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 567 (Comm. on the Judiciary) and No. 1187
(Comm. of Conference).

SENATE REPORT No. 521 accompanying S. 798 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:

Vol. 113 (1967): Sept. 11, considered and passed House.
Sept. 14, considered and passed Senate,
amended, in lieu of S. 798.

Vol. 114 (1968): Mar. 27, House agreed to conference report.

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