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34 U.S.C. § 10287 — Funds available for appeals and expenses of representation of hearing examiners

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

34 U.S.C. § 10287 — Funds available for appeals and expenses of representation of hearing examiners

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.

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Source location: Title 34, Chapter 101, § 10287; chapter-101-justice-system-improvement.md

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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

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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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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

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34 U.S.C. § 10301 — Purposes

The purposes of this part are— (1) to enhance the appeal of service in public safety agencies; (2) to extend the benefits of higher education to qualified and deserving persons who, by virtue of the death of or total disability of an eligible officer, may not be able to afford it otherwise; and (3) to allow the family members of eligible officers to attain the vocational and educational status which they would have attained had a parent or spouse not been killed or disabled in the line of duty.

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

34 U.S.C. § 10101 — Establishment of Office of Justice Programs

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.

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

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. § 10286 — Expedited payment for public safety officers involved in the prevention, investigation, rescue, or recovery efforts related to a terrorist attack

**(a) In general** Notwithstanding the limitations of subsection (b) of section 1201 or the provisions of subsections (c), (d), and (e) of such section or section 1202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ([42 U.S.C. 3796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3796&num=0&edition=prelim), 3796a),11 See References in Text note below. upon certification (containing identification of all eligible payees of benefits pursuant to section 1201 of such Act) by a public agency that a public safety officer employed by such agency or an entity described in section 1204(7)(B) of the Omnibus Crime Control and Safe Streets Act of 1968 ([42 U.S.C. 3796b(7)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3796b/7/B&num=0&edition=prelim)) 1 was killed or suffered a catastrophic injury producing permanent and total disability as a direct and proximate result of a personal injury sustained in the line of duty as described in section 1201 of such Act in connection with prevention, investigation, rescue, or recovery efforts related to a terrorist attack, the Director of the Bureau of Justice Assistance shall authorize payment to qualified beneficiaries, said payment to be made not later than 30 days after receipt of such certification, benefits described under subpart 1 of part L of such Act ([42 U.S.C. 3796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3796&num=0&edition=prelim) et seq.).1 **(b) Definitions** For purposes of this section, the terms “catastrophic injury”, “public agency”, and “public safety officer” have the same meanings given such terms in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ([42 U.S.C. 3796b](htt

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

42 U.S.C. § 3796d — Transferred

### Statutory Notes #### Codification Section 3796c–2 was editorially reclassified as [section 10287 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10287&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. § 10281 — Payment of death benefits

Page 84 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10272 fined not more than $10,000 or imprisoned for not more than five years, or both. (Pub. L. 90–351, title I, § 1101, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1219; amended Pub. L. 98–473, title II, § 609E(a), Oct. 12, 1984, 98 Stat. 2097.) Editorial Notes CODIFICATION Section was formerly classified to section 3795 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Another section 1101 of Pub. L. 90–351, title VI, June 19, 1968, 82 Stat. 236, is classified as a note under section 532 of Title 28, Judiciary and Judicial Procedure. AMENDMENTS 1984—Pub. L. 98–473 substituted ‘‘Office of Justice Programs, Bureau of Justice Assistance’’ for ‘‘Law En- forcement Assistance Administration’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Ef- fective Date note under section 10101 of this title. § 10272. Falsification or concealment of facts Whoever knowingly and willfully falsifies, conceals, or covers up by trick, scheme, or de- vice, any material fact in any application for as- sistance submitted pursuant to this chapter or in any records required to be maintained pursu- ant to this chapter shall be subject to prosecu- tion under the provisions of section 1001 of title 18. (Pub. L. 90–351, title I, § 1102, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1219.) Editorial Notes CODIFICATION Section was formerly classified to section 3795a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS Provisions si

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

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

Page 90 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10282 dence establishes that the death of a public safety offi- cer (as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284)) was directly and proximately caused by some- thing other than COVID–19, COVID–19 (or complica- tions therefrom) suffered by the public safety officer shall be presumed to constitute a personal injury with- in the meaning of section 1201(a) of title I of the Omni- bus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(a)), sustained in the line of duty by the of- ficer and directly and proximately resulting in death, if— ‘‘(1) the officer engaged in a line of duty action or activity during the period beginning on January 1, 2020, and ending on the termination date; ‘‘(2) the officer was diagnosed with COVID–19 (or evidence indicates that the officer had COVID–19) during the 45-day period beginning on the last day of duty of the officer; and ‘‘(3) evidence indicates that the officer had COVID–19 (or complications therefrom) at the time of the officer’s death. ‘‘(b) DISABILITY BENEFITS.—As determined by the Bu- reau of Justice Assistance, COVID–19 (or complications therefrom) suffered by a public safety officer shall be presumed to constitute a personal injury within the meaning of section 1201(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(b)), sustained in the line of duty by the officer, if— ‘‘(1) the officer engaged in a line of duty action or activity during the period beginning on January 1, 2020, and ending on the termination date; and ‘‘(2) the officer was diagnosed with COVID–19 (or evidence indicates that the officer had COVID–19) during the 45-day

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