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 period beginning on the last day of duty of the officer. ‘‘(c) TERMINATION DATE.—For purposes of this sec- tion, the term ‘termination date’ means the earlier of— ‘‘(1) the date on which the public health emergency declared by the Secretary of Health and Human Serv- ices under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to the Coronavirus Disease (COVID–19), expires; and ‘‘(2) December 31, 2023.’’ § 10282. Limitations on benefits (a) In general No benefit shall be paid under this sub- chapter— (1) if the fatal or catastrophic injury was caused by the intentional misconduct of the public safety officer or by such officer’s inten- tion to bring about his death, disability, or in- jury; (2) if the public safety officer was volun- tarily 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 cata- strophic 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 limita- tions described in subsection (a) apply; and (2) shall not determine that a limitation de- scribed in subsection (a) applies, absent clear and convincing evidence. (Pub. L. 90–351, title I, § 1202, as added Pub. L. 98–473, title II, § 609F, Oct. 12, 1984, 98 Stat. 2099; amended Pub. L. 101–647, title XIII, § 1301(b), Nov. 29, 1990, 104 Stat. 4834; Pub. L. 109–162, title XI, § 1164(b), Jan. 5, 2006, 119 Stat. 3120; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(C), Jan. 2, 2013, 126 Stat. 1966; Pub. L. 115–36, § 5, June 2, 2017, 131 Stat. 852.) Editorial Notes CODIFICATION Section was formerly classified to section 3796a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 1202 of title I of Pub. L. 90–351, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1220; amended Pub. L. 98–411, title II, § 204(a)(2), Aug. 30, 1984, 98 Stat. 1561; Pub. L. 98–473, title II, § 609Z, Oct. 12, 1984, 98 Stat. 2107, contained provisions similar to this sec- tion, 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 1202 of Pub. L. 90–351, title VII, June 19, 1968, 82 Stat. 236, was set out in the Appendix to Title 18, Crimes and Criminal Procedure, prior to re- peal by Pub. L. 99–308, § 104(b), May 19, 1986, 100 Stat. 459. AMENDMENTS 2017—Pub. L. 115–36 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 2013—Pub. L. 112–239, § 1086(b)(1)(C)(i), substituted ‘‘fatal’’ for ‘‘death’’ wherever appearing except in par. (1) following ‘‘bring about his’’. Par. (1). Pub. L. 112–239, § 1086(b)(1)(C)(ii), substituted ‘‘bring about his death, disability, or injury’’ for ‘‘bring about his death or catastrophic injury’’. 2006—Par. (5). Pub. L. 109–162 inserted ‘‘with respect’’ before ‘‘to any individual’’. 1990—Pars. (1) to (4). Pub. L. 101–647 inserted ‘‘or cata- strophic injury’’ after ‘‘death’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–36, § 6, June 2, 2017, 131 Stat. 852, provided that: ‘‘The amendments made by this Act [enacting section 10288 of this title and amending this section and sections 10285 and 10302 of this title] shall— ‘‘(1) take effect on the date of enactment of this Act [June 2, 2017]; and ‘‘(2) apply to any benefit claim or application under part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) [now 34 U.S.C. 10281 et seq.] that is— ‘‘(A) pending before the Bureau of Justice Assist- ance on the date of enactment; or ‘‘(B) received by the Bureau on or after the date of enactment of this Act.’’ 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 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. Page 91 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10284 § 10283. National programs for families of public safety officers who have sustained fatal or catastrophic injury in the line of duty The Director is authorized to use no less than $150,000 of the funds appropriated for this sub- chapter to maintain and enhance national peer support and counseling programs to assist fami- lies of public safety officers who have sustained fatal or catastrophic injury in the line of duty. (Pub. L. 90–351, title I, § 1203, as added Pub. L. 100–690, title VI, § 6106(a)(2), Nov. 18, 1988, 102 Stat. 4341; amended Pub. L. 105–180, § 2(a), June 16, 1998, 112 Stat. 511; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(D), Jan. 2, 2013, 126 Stat. 1966.) Editorial Notes CODIFICATION Section was formerly classified to section 3796a–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 1203 of Pub. L. 90–351 was renumbered section 1204 and is classified to section 10284 of this title. Another prior section 1203 of Pub. L. 90–351, title VII, June 19, 1968, 82 Stat. 237, was set out in the Appendix to Title 18, Crimes and Criminal Procedure, prior to re- peal by Pub. L. 99–308, § 104(b), May 19, 1986, 100 Stat. 459. AMENDMENTS 2013—Pub. L. 112–239 substituted ‘‘who have sustained fatal or catastrophic injury in the line of duty’’ for ‘‘who have died in the line of duty’’ in section catchline and text. 1998—Pub. L. 105–180 amended text generally. Prior to amendment, text read as follows: ‘‘The Director is au- thorized and directed to use up to $150,000 of the funds appropriated for this subchapter to establish national programs to assist the families of public safety officers who have died in the line of duty.’’ Statutory Notes and Related Subsidiaries 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. TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bu- reau of Justice Assistance, other than those enumer- ated in section 10142(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Pro- grams, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 10141 of this title. § 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 se- curity 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 fire- fighter then was not authorized to act, in the ordinary course, in an official capac- ity; or (ii) the member of a rescue squad or am- bulance 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 au- thority and line of duty of— (i) a law enforcement officer or a fire- fighter to take, who was authorized to act, in the ordinary course, in an official ca- pacity, in the jurisdiction where the ac- tion was taken; or (ii) a member of a rescue squad or ambu- lance 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 dan- ger or threat to human life or of serious bod- ily harm to any individual, taken— (i) by a law enforcement officer— (I) to prevent, halt, or respond to the immediate consequences of a crime (in- cluding an incident of juvenile delin- quency); 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 rescue squad or ambulance crew, while engaging in a res- cue activity or in the provision of emer- gency medical services; (2) ‘‘candidate officer’’ means an individual who is enrolled or admitted, as a cadet or trainee, in a formal and officially established program of instruction or of training (such as a police or fire academy) that is specifically intended to result upon completion, in the— (A) commissioning of such individual as a law enforcement officer; (B) conferral upon such individual of offi- cial authority to engage in fire suppression (as an officer or employee of a public fire de- partment or as an officially recognized or designated member of a legally organized volunteer fire department); or (C) granting to such individual official au- thorization or license to engage in a rescue activity, or in the provision of emergency medical services, as a member of a rescue squad, or as a member of an ambulance crew that is (or is a part of) the agency or entity that is sponsoring the individual’s enroll- ment or admission; (3) ‘‘blind’’ means an individual who has cen- tral visual acuity of 20/200 or less in the better eye with the use of a correcting lens or whose eye is accompanied by a limitation in the fields of vision such that the widest diameter