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34 U.S.C. § 10285 — Administrative provisions

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10285 — Administrative provisions

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Source file: Laws/federal/codes/united-states-code/title-34/section-10285-administrative-provisions--9dadeb86f1.md
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Source location: Title 34, Chapter 101, § 10285; chapter-101-justice-system-improvement.md

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**(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) If the head of a State, local, or Federal administrative or investigative agency, in consultation with the principal legal officer of the agency, provides a certification of facts regarding eligibility for death or disability benefits, the Bureau shall adopt the factual findings, if the factual findings are supported by substantial evidence. **(c) Use of appropriated funds to conduct appeals** Notwithstanding any other provision of law, the Bureau is authorized to use appropriated funds to conduct appeals of public safety officers’ death and disability claims. **(d) References to provisions outside this subchapter** Unless expressly provided otherwise, any reference in this subchapter to any provision of law not in this subchapter shall be understood to constitute a general reference under the doctrine of incorporation by reference, and thus to include any subsequent amendments to the provision. **(e) Reports on claims under this subchapter** (1) (A) Not later than 30 days after June 2, 2017, the Bureau shall make available on the public website of the Bureau information on all death, disability, and educational assistance claims submitted under this subchapter that are pending as of the date on which the information is made available. (B) Not less frequently than once per week, the Bureau shall make available on the public website of the Bureau updated information with respect to all death, disability, and educational assistance claims submitted under this subchapter that are pending as of the date on which the information is made available. (C) The information made available under this paragraph shall include— (i) for each pending claim— (I) the date on which the claim was submitted to the Bureau; (II) the State of residence of the claimant; (III) an anonymized, identifying claim number; and (IV) the nature of the claim; and (ii) the total number of pending claims that were submitted to the Bureau more than 1 year before the date on which the information is made available. (2) Not later than 180 days after June 2, 2017, the Bureau shall publish on the public website of the Bureau a report, and shall update such report on such website not less than once every 180 days thereafter, containing— (A) the total number of claims for which a final determination has been made during the 180-day period preceding the report; (B) the amount of time required to process each claim for which a final determination has been made during the 180-day period preceding the report; (C) as of the last day of the 180-day period preceding the report, the total number of claims submitted to the Bureau on or before that date for which a final determination has not been made; (D) as of the last day of the 180-day period preceding the report, the total number of claims submitted to the Bureau on or before the date that is 1 year before that date for which a final determination has not been made; (E) for each claim described in subparagraph (D), a detailed description of the basis for delay; (F) as of the last day of the 180-day period preceding the report, the total number of claims submitted to the Bureau on or before that date relating to exposure due to the September 11th, 2001, terrorism attacks for which a final determination has not been made; (G) as of the last day of the 180-day period preceding the report, the total number of claims submitted to the Bureau on or before the date that is 1 year before that date relating to exposure due to the September 11th, 2001, terrorism attacks for which a final determination has not been made; (H) for each claim described in subparagraph (G), a detailed description of the basis for delay; (I) the total number of claims submitted to the Bureau relating to exposure due to the September 11th, 2001, terrorism attacks for which a final determination was made during the 180-day period preceding the report, and the average award amount for any such claims that were approved; (J) the result of each claim for which a final determination was made during the 180-day period preceding the report, including the number of claims rejected and the basis for any denial of benefits; (K) the number of final determinations which were appealed during the 180-day period preceding the report, regardless of when the final determination was first made; (L) the average number of claims processed per reviewer of the Bureau during the 180-day period preceding the report; (M) for any claim submitted to the Bureau that required the submission of additional information from a public agency, and for which the public agency completed providing all of the required information during the 180-day period preceding the report, the average length of the period beginning on the date the public agency was contacted by the Bureau and ending on the date on which the public agency submitted all required information to the Bureau; (N) for any claim submitted to the Bureau for which the Bureau issued a subpoena to a public agency during the 180-day period preceding the report in order to obtain information or documentation necessary to determine the claim, the name of the public agency, the date on which the subpoena was issued, and the dates on which the public agency was contacted by the Bureau before the issuance of the subpoena; and (O) information on the compliance of the Bureau with the obligation to offset award amounts under [section 10281(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10281/f/3&num=0&edition=prelim), including— (i) the number of claims that are eligible for compensation under both this subchapter and the September 11th Victim Compensation Fund of 2001 ([49 U.S.C. 40101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40101&num=0&edition=prelim) note; Public Law 107–42) (commonly referred to as the “VCF”); (ii) for each claim described in clause (i) for which compensation has been paid under the VCF, the amount of compensation paid under the VCF; (iii) the number of claims described in clause (i) for which the Bureau has made a final determination; and (iv) the number of claims described in clause (i) for which the Bureau has not made a final determination. (3) Not later than 2 years after June 2, 2017, and 2 years thereafter, the Comptroller General of the United States shall— (A) conduct a study on the compliance of the Bureau with the obligation to offset award amounts under [section 10281(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10281/f/3&num=0&edition=prelim); and (B) submit to Congress a report on the study conducted under subparagraph (A) that includes an assessment of whether the Bureau has provided the information required under subparagraph (I) of paragraph (2) of this subsection in each report required under that paragraph. (4) In this subsection, the term “nature of the claim” means whether the claim is a claim for— (A) benefits under this part with respect to the death of a public safety officer; (B) benefits under this part with respect to the disability of a public safety officer; or (C) education assistance under part B.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10281 — Payment of death benefits

**(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

34 U.S.C. § 10282 — Limitations on benefits

**(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

42 U.S.C. § 3796c — Transferred

### Statutory Notes #### Codification Section 3796a–1 was editorially reclassified as [section 10283 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10283&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10251 — General provisions

**(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

49 U.S.C. § 40101 — Policy

**(a) Economic Regulation.—** In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity: (1) assigning and maintaining safety as the highest priority in air commerce. (2) before authorizing new air transportation services, evaluating the safety implications of those services. (3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public. (4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices. (5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions. (6) placing maximum reliance on competitive market forces and on actual and potential competition— (A) to provide the needed air transportation system; and (B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation. (7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of— (A) the

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40101

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10284 — Definitions

As used in this subchapter— (1) “action outside of jurisdiction” means an action, not in the course of any compensated employment involving either the performance of public safety activity or the provision of security services, by a law enforcement officer, firefighter, or member of a rescue squad or ambulance crew that— (A) was taken in a jurisdiction where— (i) the law enforcement officer or firefighter then was not authorized to act, in the ordinary course, in an official capacity; or (ii) the member of a rescue squad or ambulance crew then was not authorized or licensed to act, in the ordinary course, by law or by the applicable agency or entity; (B) then would have been within the authority and line of duty of— (i) a law enforcement officer or a firefighter to take, who was authorized to act, in the ordinary course, in an official capacity, in the jurisdiction where the action was taken; or (ii) a member of a rescue squad or ambulance crew to take, who was authorized or licensed by law and by a pertinent agency or entity to act, in the ordinary course, in the jurisdiction where the action was taken; and (C) was, in an emergency situation that presented an imminent and significant danger or threat to human life or of serious bodily harm to any individual, taken— (i) by a law enforcement officer— (I) to prevent, halt, or respond to the immediate consequences of a crime (including an incident of juvenile delinquency); or (II) while engaging in a rescue activity or in the provision of emergency medical services; (ii) by a firefighter— (I) while engaging in fire suppression; or (II) while engaging in a rescue activity or in the provision of emergency medical services; or (iii) by a member of a resc

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10284

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42 U.S.C. § 3796c–2 — Transferred

### Statutory Notes #### Codification Section 3796c was editorially reclassified as [section 10285 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10285&num=0&edition=prelim), Crime Control and Law Enforcement. #### Prior Provisions A prior section 3796c, Pub. L. 90–351, title I, § 1204, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1221, contained provisions similar to those in [section 10285 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10285&num=0&edition=prelim), Crime Control and Law Enforcement, prior to the general amendment of part L of title I of Pub. L. 90–351 by section 609F of Pub. L. 98–473. Another prior section 3796c, Pub. L. 90–351, title I, § 704, as added Pub. L. 94–430, § 2, Sept. 29, 1976, 90 Stat. 1347, contained provisions similar to those in [section 10285 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10285&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.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10285 — Administrative provisions

Page 95 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10285 ployee member of a rescue squad or ambulance crew’’ before semicolon at end. Par. (6). Pub. L. 109–162, § 1164(a)(4), substituted ‘‘en- forcement of the criminal laws (including juvenile de- linquency).’’ 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 ‘‘fire- fighter,’’ in subpar. (A). 2000—Par. (7). Pub. L. 106–390 added par. (7) and struck out former par. (7) which read as follows: ‘‘ ‘public safe- ty 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 semi- colon 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 amend- ment 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 be- cause the phrases ‘‘ambulance crew’’ and ‘‘who was re- sponding 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). Pu

Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 10285

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40101 — Policy

Page 997 TITLE 49—TRANSPORTATION § 40101 Sec. 40104. Promotion of civil aeronautics and safety of air commerce. 40105. International negotiations, agreements, and obligations. 40106. Emergency powers. 40107. Presidential transfers. 40108. Training schools. 40109. Authority to exempt. 40110. General procurement authority. 40111. Multiyear procurement contracts for services and related items. 40112. Multiyear procurement contracts for prop- erty. 40113. Administrative. 40114. Reports and records. 40115. Withholding information. 40116. State taxation. 40117. Passenger facility charges. 40118. Government-financed air transportation. 40119. Sensitive security information. 40120. Relationship to other laws. 40121. Air traffic control modernization reviews. 40122. Federal Aviation Administration personnel management system. 40123. Protection of voluntarily submitted informa- tion. 40124. Interstate agreements for airport facilities. 40125. Qualifications for public aircraft status. 40126. Severable services contracts for periods cross- ing fiscal years. 40127. Prohibitions on discrimination. 40128. Overflights of national parks. 40129. Collaborative decisionmaking pilot program. 40130. FAA authority to conduct criminal history record checks. 40131. National airspace system cyber threat man- agement process. 40132. National strategic plan for aviation work- force development. Editorial Notes AMENDMENTS 2024—Pub. L. 118–63, title II, § 223(c), title III, § 393(b), title IV, § 441(b), May 16, 2024, 138 Stat. 1061, 1145, 1186, added items 40119, 40131, and 40132. 2018—Pub. L. 115–254, div. K, title I, § 1991(c)(4), Oct. 5, 2018, 132 Stat. 3627, substituted ‘‘[Reserved]’’ for ‘‘Secu- rity and research and developm

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 40101

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