Public Safety Officers Benefits Act
PL 94-430 (H.R.366), enacted 09/29/1976

90 STAT. 1346 
PUBLIC LAW 94-430—SEPT. 29, 1976 
Public Law 94-430 
94th Congress 
An Act 
Sept 29, 1976 
[H.R. 366] 
Public Safety 
Officers' Benefits 
Act of 1976. 
42 u s e 3701 
note. 
To amend the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 
to provide benefits to survivors of certain public safety oflScers who die in the 
performance of duty. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Public Safety Officers' Benefits Act of 1976". 
SEC. 2. Title I of the Omnibus Crime Control and Safe Streets Act 
of 1968, as amended, is amended by adding at the end thereof the 
following new part: 
"PART J.—PUBLIC SAFETY OFFICERS' DEATH BENEFITS 
PAYMENTS 
42 use 3796. 
"SEC. 701. (a) In any case in which the Administration determines, 
under regulations issued pursuant to this part, that a public safety 
officer has died as the direct and proximate result of a personal injury 
sustained in the line of duty, the Administration shall pay a benefit 
of $50,000 as follows: 
"(1) if there is no surviving child of such officer, to the sur-
viving spouse of such officer; 
"(2) if there is a surviving child or children and a surviving 
spouse, one-half to the surviving child or children of such officer 
in equal shares and one-half to the surviving spouse; 
"(3) if there is no surviving spouse, to the child or children of 
such officer in equal shares; or 
"(4) if none of the above, to the dependent parent or parents 
of such officer in equal shares. 
Interim payment. 
"(b) Whenever the Administration determines, upon a showing of 
need and prior to taking final action, that the death of a public safety 
officer is one with respect to which a benefit will probably be paid, the 
Administration may make an interim benefit payment not exceeding 
$3,000 to the person entitled to receive a benefit under subsection (a) 
of this section. 
"(c) The amount of an interim payment under subsection (b) of 
this section shall be deducted from the amount of any final benefit paid 
to such person. 
"(d) Where there is no final benefit paid, the recipient of any 
interim payment under subsection (b) of this section shall be liable 
for repayment of such amount. The Administration may waive all or 
part of such repayment, considering for this purpose the hardship 
which would result from such repayment. 
"(e) The benefit payable under this part shall be in addition to any 
other benefit that may be due from any other source, but shall be 
reduced by— 
"(1) payments authorized by section 8191 of title 5, United 
States Code; 
PUBLIC LAW 94-430—SEPT. 29, 1976 
90 STAT. 1347 
"(2) payments authorized by section 12(k) of the Act of 
September 1,1916, as amended (D.C. Code, sec. 4-531(1)). 
"(f) No benefit paid under this part shall be subject to execution 
or attachment. 
u 
LIMITATIONS 
"SEC. 702. No benefit shall be paid under this part— 
"(1) if the death was caused by the intentional misconduct of 
the public safety officer or by such officer's intention to bring about 
his death; 
"(2) if voluntary intoxication of the public safety officer was 
the proximate cause of such officer's death; or 
"(3) to any person who would otherwise be entitled to a benefit 
under this part if such person's actions were a substantial con-
tributing factor to the death of the public safety officer. 
u 
DEFINITIONS 
"SEC. 703. As used in this part— 
"(1) 'child' means any natural, illegitimate, adopted, or post-
humous child or stepchild of a deceased public safety officer who, 
at the time of the public safety officer's death, is— 
"(A) eighteen years of age or under; 
"(B) over eighteen years of age and a student as defined 
in section 8101 of title 5, United States Code; or 
"(C) over eighteen years of age and incapable of self-
support because of physical or mental disability; 
"(2) 'dependent' means a person who was substantially reliant 
for support upon the income of the deceased public safety officer; 
"(3) 'fireman' includes a person serving as an officially recog-
nized or designated member of a legally organized volunteer fire 
department; 
"(4) 'intoxication' means a disturbance of mental or physical 
faculties resulting from the introduction of alcohol, drugs, or 
other substances into the body; 
"(5) 'law enforcement officer' means a person involved in crime 
and juvenile delinquency control or reduction, or enforcement of 
the criminal laws. This includes, but is not limited to, police, 
corrections, probation, parole, and judicial officers; 
"(6) 'public agency' means any State of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico, and 
any territory or possession of the United States, or any unit of 
local government, combination of such States, or units, or any 
department, agency, or instrumentality of any of the foregoing; 
and 
"(7) 'public safety officer' means a person serving a public 
agency in an official capacity, with or without compensation, as 
a law enforcement officer or as a fireman. 
42 use 3796a. 
42 use 3796b. 
a 
ADMINISTRATIVE 
PROVISIONS 
"SEC. 704. (a) The Administration is authorized to establish such 
rules, regulations, and procedures as may be necessary to carry out the 
purposes of this part. Such rules, regulations, and procedures will be 
determinative of conflict of laws issues arising under this part. Rules, 
regulations, and procedures issued under this part may include regula-
tions governing the recognition of agents or other persons representing 
claimants under this part before the Administration. The Adminis-
Rules and 
regulations. 
42 use 3796c. 
90 STAT. 1348 
PUBLIC LAW 94-430—SEPT. 29, 1976 
42 use 3768. 
Appropriation 
authorization. 
42 use 3796 
note. 
Severability. 
42 use 3796 
note. 
Effective date. 
42 use 3796 
note. 
tration may prescribe the maximum fees which may be charged for 
services j)erformed in comiection with any claim under this part before 
the Administration, and any agreement m violation of such rules and 
regulations shall be void. 
"(b) In making determinations under section 701, the Administra-
tion may utilize such administrative and investigative assistance as 
may be available from State and local agencies. Responsibility for 
making final determinations shall rest with the Administration.". 
MISCELLANEOUS 
PROVISIONS 
SEC. 3. Section 520 of the Omnibus Crime Control and Safe Streets 
Act of 1968, as amended, is amended by adding at the end thei-eof the 
following new subsection: 
"(c) There are authorized to be appropriated in each fiscal yeai-
such sums as may be necessary to carry out the purposes of part J.". 
SEC. 4. The authority to make payments under part J of the Omni-
bus Crime Control and Safe Streets Act of 1968 (as added by section 
2 of this Act) shall be effective only to the extent provided for in 
advance by appropriation Acts. 
SEC. 5. If the provisions of any part of this Act are found invalid, 
the provisions of the other parts and their application to other persons 
or circumstances shall not be affected thereby. 
SEC. 6. The amendments made by this Act shall become effective and 
apply to deaths occurring from injuries sustained on or after the date 
of enactment of this Act. 
Approved September 29, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-1032 (eomm. on the Judiciary) and No. 94-1501 (eomm. of 
eonference). 
SENATE REPORTS: No. 94-816 (eomm. on the Judiciary) and No. 94-825 accompany-
ing S. 230 (eomm. on the Judiciary). 
eONGRESSIONAL REeORD, Vol. 122 (1976): 
Apr. 30, considered and passed House. 
July 19, considered and passed Senate, amended. 
Sept. 15, House agreed to conference report. 
Sept. 16, Senate agreed to conference report. 
WEEKLY eOMPILATION OF PRESIDENTIAL DOeUMENTS, Vol. 12, No. 40: 
Sept. 29, Presidential statement.