As used in this subchapter-
or resulting from drugs or other substances in the body;
1 So in original. Probably should be "paraplegic;".
34 U.S.C. § 10284
EDITORIAL NOTES
REFERENCES IN TEXTThe Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in par. (14)(C)(i), (D)(i), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
CODIFICATIONPar. (14)(F) of this section, which was originally enacted as par. (9)(E) by section 301(d)(2) of Pub. L. 116-22, ceased to have force or effect on Oct. 1, 2021. Prior to being omitted, par. (14)(F) included within the definition of public safety officer an individual appointed to the National Disaster Medical System under section 300hh-11 of Title 42, The Public Health and Welfare, performing official duties of the Department of Health and Human Services that were related to responding to a public health emergency, potential public health emergency, or other activities for which the National Disaster Medical System was activated and that were determined by the Secretary of Health and Human Services to be hazardous.Section was formerly classified to section 3796b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
PRIOR PROVISIONSA prior section 1204 of Pub. L. 90-351 was renumbered section 1205 and is classified to section 10285 of this title.
AMENDMENTS2022-Par. (11). Pub. L. 117-172, §4(b)(1), struck out "and" at end. Par. (12)(B). Pub. L. 117-172, §4(b)(2), substituted semicolon for period at end.Par. (14)(F), (G). Pub. L. 117-172, §4(b)(3), redesignated subpar. (F) relating to an employee or contractor of the Department of Energy as (G).2021-Pars. (1) to (3). Pub. L. 117-61, §3(8), added pars. (1) to (3). Former pars. (1) to (3) redesignated (4) to (6), respectively.Par. (4). Pub. L. 117-61, §3(2), added par. (4) and struck out former par. (4) which read as follows: " 'catastrophic injury' means an injury, the direct and proximate consequences of which permanently prevent an individual from performing any gainful work;". Pub. L. 117-61, §3(1), redesignated par. (1) as (4). Former par. (4) redesignated (7).Par. (5). Pub. L. 117-61, §3(1), redesignated par. (2) as (5). Former par. (5) redesignated (8).Par. (6). Pub. L. 117-61, §3(1), (3), redesignated par. (3) as (6) and substituted "at the time of the public safety officer's death or fatal injury (in connection with any claim predicated upon such death or injury) or the date of the public safety officer's catastrophic injury or of the final determination by the Bureau of any claim predicated upon such catastrophic injury" for "at the time of the public safety officer's fatal or catastrophic injury" in introductory provisions. Former par. (6) redesignated (9).Par. (7). Pub. L. 117-61, §3(1), (4), redesignated par. (4) as (7) and inserted ", including an individual who, as such a member, engages in scene security or traffic management as the primary or only duty of the individual during emergency response" before semicolon at end. Former par. (7) redesignated (10).Par. (8). Pub. L. 117-61, §3(1), redesignated par. (5) as (8). Former par. (8) redesignated (13). Par. (9). Pub. L. 117-61, §3(1), (5), redesignated par. (6) as (9) and substituted "delinquency)," for "delinquency).,". Former par. (9) redesignated (14).Par. (9)(F). Pub. L. 116-283 added subpar. (F) relating to an employee or contractor of the Department of Energy. Par. (9) was subsequently redesignated (14) by Pub. L. 117-61, §3(1).Par. (10). Pub. L. 117-61, §3(1), redesignated par. (7) as (10). Pars. (11), (12). Pub. L. 117-61, §3(9), added pars. (11) and (12).Par. (13). Pub. L. 117-61, §3(1), (6), redesignated par. (8) as (13) and inserted ", and includes (as may be prescribed by regulation hereunder) a legally organized volunteer fire department that is a nonprofit entity and provides services without regard to any particular relationship (such as a subscription) a member of the public may have with such a department" before "; and".Par. (14). Pub. L. 117-61, §3(1), redesignated par. (9) as (14).Par. (14)(A). Pub. L. 117-61, §3(7)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: "an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a chaplain;".Par. (14)(B). Pub. L. 117-61, §3(7)(C), added subpar. (B). Former subpar. (B) redesignated (C).Par. (14)(C), (D). Pub. L. 117-61, §3(7)(B), redesignated subpars. (B) and (C) as (C) and (D), respectively. Par. (14)(E). Pub. L. 117-61, §3(7)(D), added subpar. (E) and struck out former subpar. (E) which read as follows: "a member of a rescue squad or ambulance crew who, as authorized or licensed by law and by the applicable agency or entity, is engaging in rescue activity or in the provision of emergency medical services;". Pub. L. 117-61, §3(7)(B), redesignated subpar. (D) as (E). Former subpar. (E), relating to an individual appointed to the National Disaster Medical System under section 300hh-11 of title 42 and whose effect ceased Oct. 1, 2021, redesignated (F). Par. (14)(F). Pub. L. 117-61, §3(7)(B), redesignated omitted subpar. (E), relating to an individual appointed to the National Disaster Medical System under section 300hh-11 of title 42 and whose effect ceased on Oct. 1, 2021, as (F). See Codification note above. 2019-Par. (9)(E). Pub. L. 116-22, §301(d)(2), (3), temporarily added subpar. (E) which related to an individual appointed to the National Disaster Medical System under section 300hh-11 of title 42. See Codification note above and Termination Date of 2019 Amendment note below.2013-Par. (1). Pub. L. 112-239, §1086(b)(1)(E)(i), substituted "an injury, the direct and proximate consequences of which" for "consequences of an injury that". Par. (3). Pub. L. 112-239, §1086(b)(1)(E) (ii), inserted "or permanently and totally disabled" after "deceased" and substituted "fatal or catastrophic injury" for "death" in introductory provisions and redesignated cls. (i) to (iii) as subpars. (A) to (C), respectively.Par. (5). Pub. L. 112-239, §1086(b)(1)(E) (iii)(II), (III), redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, and, in subpar. (B), substituted "fatal or catastrophic injury" for "death". Pub. L. 112-239, §1086(b)(1)(E) (iii)(I), substituted "post-injury" for "post-mortem" in cls. (i) and (ii).Par. (7). Pub. L. 112-239, §1086(b)(1)(E) (iv), substituted "employee or volunteer member of a rescue squad or ambulance crew (including a ground or air ambulance service) that-" for "public employee member of a rescue squad or ambulance crew;" and added subpars. (A) and (B).Par. (9)(A). Pub. L. 112-239, §1086(b)(1)(E)(v)(I), substituted "or as a chaplain;" for "as a chaplain, or as a member of a rescue squad or ambulance crew;".Par. (9)(D). Pub. L. 112-239, §1086(b)(1)(E)(v) (II)-(IV), added subpar. (D). 2006-Par. (4). Pub. L. 109-162, §1164(a)(3), struck out "and an officially recognized or designated public employee member of a rescue squad or ambulance crew" before semicolon at end.Par. (6). Pub. L. 109-162, §1164(a)(4), substituted "enforcement of the criminal laws (including juvenile delinquency)." for "enforcement of the laws". Pars. (7) to (9). Pub. L. 109-162, §1164(a)(1), (2), added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively.2002-Pars. (2) to (7). Pub. L. 107-196, §2(a)(1), (2), added par. (2) and redesignated former pars. (2) to (6) as (3) to (7), respectively. Former par. (7) redesignated (8). Par. (8). Pub. L. 107-196, §2(a)(1), (3), redesignated par. (7) as (8) and inserted "as a chaplain," after "firefighter," in subpar. (A). 2000-Par. (7). Pub. L. 106-390 added par. (7) and struck out former par. (7) which read as follows: " 'public safety officer' means an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, a firefighter, or rescue squad or ambulance crew".1994-Par. (3). Pub. L. 103-322 struck out before semicolon at end "who was responding to a fire, rescue or police emergency".1990-Par. (1). Pub. L. 101-647, §1301(c), added par. (1). Former par. (1) redesignated (2). Par. (2). Pub. L. 101-647, §1302, which directed amendment of par. (2) by inserting a period after "ambulance crew" and striking out "who was responding to a fire, rescue or police emergency.", could not be executed because the phrases "ambulance crew" and "who was responding to a fire, rescue or police emergency." did not appear in text of par. (2). Pub. L. 101-647, §1301(c)(1), redesignated par. (1) as (2). Former par. (2) redesignated (3).Pars. (3) to (7). Pub. L. 101-647, §1301(c)(1), redesignated pars. (2) to (6) as (3) to (7), respectively.1988-Pars. (2) to (7). Pub. L. 100-690, §6105(d), redesignated pars. (3) to (7) as (2) to (6), respectively, and struck out former par. (2) defining a "dependent" as any individual substantially reliant for support upon income of deceased public safety officer.1986-Pub. L. 99-500 and Pub. L. 99-591 inserted "and an officially recognized or designated public employee member of a rescue squad or ambulance crew who was responding to a fire, rescue or police emergency" in par. (3), and substituted ", a firefighter, or rescue squad or ambulance crew" for "or a firefighter." in par. (7).
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME"Administrator of the Federal Emergency Management Agency" substituted for "Director of the Federal Emergency Management Agency" in par. (9)(B)(ii) (now (14)(C)(ii)) on authority of section 612(c) of Pub. L. 109-295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109-295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109-295, set out as a note under section 313 of Title 6.
EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117-61 effective Nov. 18, 2021, and applicable to any matter pending, before the Bureau or otherwise, on Nov. 18, 2021, or filed (consistent with pre-existing effective dates) or accruing after that date, except that amendments to pars. (2) and (7) of this section by Pub. L. 117-61 applicable with respect to injuries occurring on or after Jan. 1, 2008, see section 8(a) and (b) of Pub. L. 117-61, set out in a note under section 10281 of this title.
TERMINATION DATE OF 2019 AMENDMENT Pub. L. 116-22, title III, §301(d)(3), June 24, 2019, 133 Stat. 933, provided that: "The amendments made by paragraphs (1) and (2) [amending this section and section 300hh-11 of Title 42, The Public Health and Welfare] shall cease to have force or effect on October 1, 2021."
EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 112-239 effective Jan. 2, 2013, and applicable to matters pending on Jan. 2, 2013, or filed or accruing after that date, with certain exceptions, see section 1086(d) of Pub. L. 112-239, set out as a note under section 10251 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-196 effective Sept. 11, 2001, and applicable to injuries or deaths that occur in the line of duty on or after such date, see section 2(c) of Pub. L. 107-196, set out as a note under section 10281 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-390, §305, 114 Stat. 1574, provided that: "The amendment made by subsection (a) [amending this section] applies only to employees described in subparagraphs (B) and (C) of section 1204(7) [now 1204(14)(C) and (D)] of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10284(14)(C), (D)] (as amended by subsection (a)) who are injured or who die in the line of duty on or after the date of the enactment of this Act [Oct. 30, 2000]."
EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-647 effective Nov. 29, 1990, and not applicable with respect to injuries occurring before Nov. 29, 1990, see section 1303 of Pub. L. 101-647, set out as a note under section 10281 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 6105(d) of Pub. L. 100-690 effective June 1, 1988, see section 6105(e) of Pub. L. 100-690, set out as a note under section 10281 of this title.
TRANSFER OF FUNCTIONSFor transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
EXECUTIVE DOCUMENTS
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDSFor termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.