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34 U.S.C. § 10282 — Limitations on benefits
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No benefit shall be paid under this subchapter—
(1) if the fatal or catastrophic injury was caused by the intentional misconduct of the public safety officer or by such officer’s intention to bring about his death, disability, or injury;
(2) if the public safety officer was voluntarily intoxicated at the time of his fatal or catastrophic injury;
(3) if the public safety officer was performing his duties in a grossly negligent manner at the time of his fatal or catastrophic injury;
(4) to any individual who would otherwise be entitled to a benefit under this subchapter if such individual’s actions were a substantial contributing factor to the fatal or catastrophic injury of the public safety officer; or
(5) with respect to any individual employed in a capacity other than a civilian capacity.
**(b) Presumption** In determining whether a benefit is payable under this subchapter, the Bureau—
(1) shall presume that none of the limitations described in subsection (a) apply; and
(2) shall not determine that a limitation described in subsection (a) applies, absent clear and convincing evidence.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10282
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Stable record: federal_law:legal_authorities:record_usc_283d24f8da102edb0b31ff15
Source file: Laws/federal/codes/united-states-code/title-34/section-10282-limitations-on-benefits--a8c8f04faf.md
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Source location: Title 34, Chapter 101, § 10282; chapter-101-justice-system-improvement.md
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**(a) In general** No benefit shall be paid under this subchapter—
(1) if the fatal or catastrophic injury was caused by the intentional misconduct of the public safety officer or by such officer’s intention to bring about his death, disability, or injury;
(2) if the public safety officer was voluntarily intoxicated at the time of his fatal or catastrophic injury;
(3) if the public safety officer was performing his duties in a grossly negligent manner at the time of his fatal or catastrophic injury;
(4) to any individual who would otherwise be entitled to a benefit under this subchapter if such individual’s actions were a substantial contributing factor to the fatal or catastrophic injury of the public safety officer; or
(5) with respect to any individual employed in a capacity other than a civilian capacity.
**(b) Presumption** In determining whether a benefit is payable under this subchapter, the Bureau—
(1) shall presume that none of the limitations described in subsection (a) apply; and
(2) shall not determine that a limitation described in subsection (a) applies, absent clear and convincing evidence.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 3795b was editorially reclassified as [section 10273 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10273&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3796a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Amount; recipients** In any case in which the Bureau of Justice Assistance (hereinafter in this subchapter referred to as the “Bureau”) determines, under regulations issued pursuant to this subchapter, that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, a benefit of $250,000, adjusted in accordance with subsection (h), and calculated in accordance with subsection (i), shall be payable by the Bureau, as follows (if the payee indicated is living on the date on which the determination is made)—
(1) if there is no child who survived the public safety officer, to the surviving spouse of the public safety officer;
(2) if there is at least 1 child who survived the public safety officer and a surviving spouse of the public safety officer, 50 percent to the surviving child (or children, in equal shares) and 50 percent to the surviving spouse;
(3) if there is no surviving spouse of the public safety officer, to the surviving child (or children, in equal shares);
(4) if there is no surviving spouse of the public safety officer and no surviving child—
(A) to the surviving individual (or individuals, in shares per the designation, or, otherwise, in equal shares) designated by the public safety officer to receive benefits under this subsection in the most recently executed designation of beneficiary of the public safety officer on file at the time of death with the public safety agency, organization, or unit; or
(B) if there is no individual qualifying under subparagraph (A), to the surviving individual (or individuals, in equal shares) designated by the public safety officer to receive benefits under the most recently executed life insurance policy of the public safety officer on file at the tim
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10281
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 3795a was editorially reclassified as [section 10272 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10272&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3796
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** As used in this chapter—
(1) “criminal justice” means activities pertaining to crime prevention, control, or reduction, or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including juveniles, activities of courts having criminal jurisdiction, and related agencies (including but not limited to prosecutorial and defender services, juvenile delinquency agencies and pretrial service or release agencies), activities of corrections, probation, or parole authorities and related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the prevention, control, or reduction of narcotic addiction and juvenile delinquency;
(2) “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands: Provided, That for the purposes of [section 10156(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10156/a&num=0&edition=prelim), American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as one state 11 So in original. Probably should be capitalized. and that for these purposes 67 per centum of the amounts allocated shall be allocated to American Samoa, and 33 per centum to the Commonwealth of the Northern Mariana Islands.22 So in original. The period probably should be a semicolon.
(3) “unit of local government” means—
(A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State;
(B) any law enforcement district or judicial enforcement district that—
(i) is esta
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10251
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Bureau, with all due diligence, shall expeditiously attempt to obtain the information and documentation necessary to adjudicate a benefit claim filed under this subchapter, including a claim for financial assistance under part B.
**(b) Sufficient information unavailable** If a benefit claim filed under this subchapter, including a claim for financial assistance under part B, is unable to be adjudicated by the Bureau because of a lack of information or documentation from a third party, such as a public agency, and such information is not readily available to the claimant, the Bureau—
(1) may use available investigative tools, including subpoenas, to—
(A) adjudicate or to expedite the processing of the benefit claim, if the Bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of such claim; and
(B) obtain information or documentation from third parties, including public agencies, if the Bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of a claim; and
(2) may not abandon the benefit claim unless the Bureau has used investigative tools, including subpoenas, to obtain the information or documentation deemed necessary to adjudicate such claim by the Bureau under subparagraph (1)(B).
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10288
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Federal law — U.S. Code and appendices · legal_authorities
There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rules, regulations, and procedures** The Bureau is authorized to establish such rules, regulations, and procedures as may be necessary to carry out the purposes of this subchapter. Such rules, regulations, and procedures will be determinative of conflict of laws issues arising under this subchapter. Rules, regulations, and procedures issued under this subchapter may include regulations governing the recognition of agents or other persons representing claimants under this subchapter before the Bureau. Rules, regulations, and procedures issued under this subchapter may include regulations based on standards developed by another Federal agency for programs related to public safety officer death or disability claims. The Bureau may prescribe the maximum fees which may be charged for services performed in connection with any claim under this subchapter before the Bureau, and any agreement in violation of such rules and regulations shall be void.
**(b) Use of State and local administrative and investigative assistance**
(1) In making determinations under [section 10281 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10281&num=0&edition=prelim), the Bureau 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 Bureau.
(2) In making a determination under [section 10281 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10281&num=0&edition=prelim), the Bureau shall give substantial weight to the evidence and all findings of fact presented by a State, local, or Federal administrative or investigative agency regarding eligibility for death or disability benefits.
(3)
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10285
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Federal law — U.S. Code and appendices · legal_authorities
On and after December 26, 2007, funds available to conduct appeals under section 1205(c) of the 1968 Act [[34 U.S.C. 10285(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10285/c&num=0&edition=prelim)], which includes all claims processing, shall be available also for the same under subpart 2 of such part L [[34 U.S.C. 10301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10301&num=0&edition=prelim) et seq.] and under any statute authorizing payment of benefits described under subpart 1 [[34 U.S.C. 10281](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10281&num=0&edition=prelim) et seq.] thereof, and for appeals from final determinations of the Bureau (under such part or any such statute) to the Court of Appeals for the Federal Circuit, which shall have exclusive jurisdiction thereof, and for expenses of representation of hearing examiners (who shall be presumed irrebuttably to enjoy quasi-judicial immunity in the discharge of their duties under such part or any such statute) in connection with litigation against them arising from such discharge: Provided further, That, on and after January 2, 2013, as to each such statute—
(1) the provisions of section 1001(a)(4) of such title I ([42 U.S.C. 3793(a)(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3793/a/4&num=0&edition=prelim)) 11 See References in Text note below. shall apply;
(2) payment (consistent with [section 10286 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10286&num=0&edition=prelim)) shall be made only upon a determination by the Bureau that the facts legally warrant the payment; and
(3) any reference to section 1202 of such title I [[34 U.S.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10287
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Benefits**
(1) The Attorney General shall provide financial assistance to a person who attends a program of education and is—
(A) the child of any eligible public safety officer under part A; or
(B) the spouse of an officer described in subparagraph (A) at the time of the officer’s death or on the date of a totally and permanently disabling injury.
(2) Except as provided in paragraph (3), financial assistance under this part shall consist of direct payments to an eligible person and shall be computed on the basis set forth in [section 3532 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3532&num=0&edition=prelim).
(3) The financial assistance referred to in paragraph (2) shall be reduced by the amount, if any, determined under [section 10304(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10304/b&num=0&edition=prelim).
**(b) Duration of benefits** No person shall receive assistance under this part for a period in excess of forty-five months of full-time education or training or a proportional period of time for a part-time program.
**(c) Age limitation for children**
(1) **In general** — Subject to paragraph (2), no child shall be eligible for assistance under this part after the child’s 27th birthday absent a finding by the Attorney General of extraordinary circumstances precluding the child from pursuing a program of education.
(2) **Delayed approvals**
(A) *Educational assistance application* — If a claim for assistance under this part is approved more than 1 year after the date on which the application for such assistance is filed with the Attorney General, the age limitation under this subsection shall be extended by the length of the period—
(i) beginn
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10302
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 3796a was editorially reclassified as [section 10282 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10282&num=0&edition=prelim), Crime Control and Law Enforcement.
#### Prior Provisions
A prior section 3796a, Pub. L. 90–351, title I, § 702, as added Pub. L. 94–430, § 2, Sept. 29, 1976, 90 Stat. 1347, contained provisions similar to those in [section 10282 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10282&num=0&edition=prelim), Crime Control and Law Enforcement, prior to the general amendment of title I of Pub. L. 90–351 by Pub. L. 96–157.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3796b
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.