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). Pub. L. 101–647, § 1301(c)(1), redesig- nated pars. (2) to (6) as (3) to (7), respectively. 1988—Pars. (2) to (7). Pub. L. 100–690, § 6105(d), redesig- nated 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 Manage- ment 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 Bu- reau 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 in- juries 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 sec- tion 300hh–11 of Title 42, The Public Health and Wel- fare] 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 excep- tions, 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, title III, § 305(b), Oct. 30, 2000, 114 Stat. 1574, provided that: ‘‘The amendment made by sub- section (a) [amending this section] applies only to em- ployees described in subparagraphs (B) and (C) of sec- tion 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 effec- tive 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 FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency 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 li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization 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 ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 10285. Administrative provisions (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 sub- chapter. Such rules, regulations, and procedures will be determinative of conflict of laws issues arising under this subchapter. Rules, regula- Page 96 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10285 tions, and procedures issued under this sub- chapter may include regulations governing the recognition of agents or other persons rep- resenting claimants under this subchapter be- fore the Bureau. Rules, regulations, and proce- dures issued under this subchapter may include regulations based on standards developed by an- other 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 sub- chapter before the Bureau, and any agreement in violation of such rules and regulations shall be void. (b) Use of State and local administrative and in- vestigative assistance (1) In making determinations under section 10281 of this title, 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, the Bureau shall give substan- tial weight to the evidence and all findings of fact presented by a State, local, or Federal ad- ministrative or investigative agency regarding eligibility for death or disability benefits. (3) If the head of a State, local, or Federal ad- ministrative or investigative agency, in con- sultation with the principal legal officer of the agency, provides a certification of facts regard- ing 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 offi- cers’ death and disability claims. (d) References to provisions outside this sub- chapter Unless expressly provided otherwise, any ref- erence in this subchapter to any provision of law not in this subchapter shall be understood to constitute a general reference under the doc- trine of incorporation by reference, and thus to include any subsequent amendments to the pro- vision. (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 pend- ing 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 sub- chapter 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 sub- mitted 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 re- port 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 Sep- tember 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 relat- ing to exposure due to the September 11th, 2001, terrorism attacks for which a final deter- mination 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; Page 97 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10286 1 See References in Text note below. (M) for any claim submitted to the Bureau that required the submission of additional in- formation 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 pre- ceding the report in order to obtain informa- tion 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 con- tacted by the Bureau before the issuance of the subpoena; and (O) information on the compliance of the Bu- reau with the obligation to offset award amounts under section 10281(f)(3) of this title, including— (i) the number of claims that are eligible for compensation under both this subchapter and the September 11th Victim Compensa- tion Fund of 2001 (49 U.S.C. 40101 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; and (B) submit to Congress a report on the study conducted under subparagraph (A) that in- cludes an assessment of whether the Bureau has provided the information required under subparagraph (I) of paragraph (2) of this sub- section 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. (Pub. L. 90–351, title I, § 1205, formerly § 1204, as added Pub. L. 98–473, title II, § 609F, Oct. 12, 1984, 98 Stat. 2100; renumbered § 1205, Pub. L. 100–690, title VI, § 6106(a)(1), Nov. 18, 1988, 102 Stat. 4341; amended Pub. L. 105–180, § 2(b), June 16, 1998, 112 Stat. 511; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(F), Jan. 2, 2013, 126 Stat. 1967; Pub. L. 115–36, § 2, June 2, 2017, 131 Stat. 849; Pub. L. 117–61, § 6, Nov. 18, 2021, 135 Stat. 1479.) Editorial Notes REFERENCES IN TEXT The September 11th Victim Compensation Fund of 2001, referred to in subsec. (e)(2)(O)(i), is title IV of Pub. L. 107–42, Sept. 22, 2001, 115 Stat. 237, which is set out in a note under section 40101 of Title 49, Transpor- tation. CODIFICATION Section was formerly classified to section 3796c of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2021—Subsec. (e)(3)(B). Pub. L. 117–61 substituted ‘‘subparagraph (I)’’ for ‘‘subparagraph (B)(ix)’’. 2017—Subsec. (a). Pub. L. 115–36, § 2(1), inserted ‘‘Rules, regulations, and procedures issued under this subchapter may include regulations based on standards developed by another Federal agency for programs re- lated to public safety officer death or disability claims.’’ before ‘‘The Bureau may prescribe’’. Subsec. (b). Pub. L. 115–36, § 2(2), designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (e). Pub. L. 115–36, § 2(3), added subsec. (e). 2013—Subsec. (d). Pub. L. 112–239 added subsec. (d). 1998—Subsec. (c). Pub. L. 105–180 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–61 effective Nov. 18, 2021, and applicable to any matter pending, before the Bu- reau or otherwise, on Nov. 18, 2021, or filed (consistent with pre-existing effective dates) or accruing after that date, see section 8(a) and (b)(2) of Pub. L. 117–61, set out in a note under section 10281 of this title. EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–36 effective June 2, 2017, and applicable to any benefit claim or application under this subchapter pending before the Bureau of Justice Assistance on such date or received by the Bu- reau on or after such date, see section 6 of Pub. L. 115–36, set out as a note under section 10282 of this title. 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 excep- tions, see section 1086(d) of Pub. L. 112–239, set out as a note under section 10251 of this title. § 10286. Expedited payment for public safety offi- cers involved in the prevention, investiga- tion, 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 sub- sections (c), (d), and (e) of such section or sec- tion 1202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796, 3796a),1 upon certification (containing identi- fication of all eligible payees of benefits pursu- ant to section 1201 of such Act) by a public agen- cy 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)) 1 was killed or suffered a catastrophic injury pro- ducing permanent and total disability as a di-