USC Subchapter XI

in effect

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

(a) Amount; recipientsIn 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 time of death with the public safety agency, organization, or unit; (5) if there is no individual qualifying under paragraph (1), (2), (3), or (4), to the surviving parent (or parents, in equal shares) of the public safety officer; or (6) if there is no individual qualifying under paragraph (1), (2), (3), (4), or (5), to the surviving individual (or individuals, in equal shares) who would qualify under the definition of the term “child” under section 10284 of this title but for age. (b) Benefits for permanent and total disabilityIn accordance with regulations issued pursuant to this subchapter, in any case in which the Bureau determines that a public safety officer has become permanently and totally disabled as the direct and proximate result of a personal injury sustained in the line of duty, a benefit shall be payable to the public safety officer (if living on the date on which the determination is made) in the same amount that would be payable, as of the date such injury was sustained (including as adjusted in accordance with subsection (h), and calculated in accordance with subsection (i)), if such determination were a determination under subsection (a): Provided, That for the purposes of making these benefit payments, there are authorized to be appropriated for each fiscal year such sums as may be necessary. (c) Interim benefit paymentWhenever the Bureau determines upon showing of need and prior to final action that the death of a public safety officer is one with respect to which a benefit will probably be paid, the Bureau may make an interim benefit payment not exceeding $6,000, adjusted in accordance with subsection (h), to the individual entitled to receive a benefit under subsection (a) of this section. (d) Deduction of interim paymentThe amount of an interim payment under subsection (c) shall be deducted from the amount of any final benefit paid to such individual. (e) Repayment of interim payment; waiverWhere there is no final benefit paid, the recipient of any interim payment under subsection (c) shall be liable for repayment of such amount. The Bureau may waive all or part of such repayment, considering for this purpose the hardship which would result from such repayment. (f) Reductions from final benefit paymentThe benefit payable under this subchapter shall be in addition to any other benefit that may be due from any other source, except—(1) payments authorized by section 12(k) of the Act of September 1, 1916; (2) benefits authorized by section 8191 of title 5, such that beneficiaries shall receive only such benefits under such section 8191 as are in excess of the benefits received under this subchapter; or (3) payments under the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note; Public Law 107–42). (g) Execution or attachment prohibitedNo benefit paid under this subchapter shall be subject to execution or attachment. (h) Consumer Price Index adjustmentOn October 1 of each fiscal year beginning after June 1, 1988, the Bureau shall adjust the level of the benefit payable immediately before such October 1 under subsections (a) and (b) and the level of the interim benefit payable immediately before such October 1 under subsection (c), to reflect the annual percentage change in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics, occurring in the 1-year period ending on June 1 immediately preceding such October 1. (i) Amount payableThe amount payable under subsections (a) and (b), with respect to the death or permanent and total disability of a public safety officer, shall be the greater of—(1) the amount payable under the relevant subsection as of the date of death or of the catastrophic injury of the public safety officer; or (2) in any case in which the claim filed thereunder has been pending for more than 365 days at the time of final determination by the Bureau, the amount that would be payable under the relevant subsection if the death or the catastrophic injury of the public safety officer had occurred on the date on which the Bureau makes such final determination. (j) Limitations on benefits(1) No benefit is payable under this subchapter with respect to the death of a public safety officer if a benefit is paid under this subchapter with respect to the disability of such officer. (2) No benefit is payable under this subchapter with respect to the disability of a public safety officer if a benefit is payable under this subchapter with respect to the death of such public safety officer. (k) Death by heart attack, stroke, or vascular rupture; presumptionAs determined by the Bureau, a heart attack, stroke, or vascular rupture suffered by a public safety officer shall be presumed to constitute a personal injury within the meaning of subsection (a), sustained in the line of duty by the officer and directly and proximately resulting in death, if—(1) the public safety officer, while on duty—(A) engages in a situation involving nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison security, disaster relief, or other emergency response activity; or (B) participates in a training exercise involving nonroutine stressful or strenuous physical activity; (2) the heart attack, stroke, or vascular rupture commences—(A) while the officer is engaged or participating as described in paragraph (1); (B) while the officer remains on that duty after being engaged or participating as described in paragraph (1); or (C) not later than 24 hours after the officer is engaged or participating as described in paragraph (1); and (3) the heart attack, stroke, or vascular rupture directly and proximately results in the death of the public safety officer, unless competent medical evidence establishes that the heart attack, stroke, or vascular rupture was unrelated to the engagement or participation or was directly and proximately caused by something other than the mere presence of cardiovascular-disease risk factors. (l) DefinitionFor purposes of subsection (k), “nonroutine stressful or strenuous physical” excludes actions of a clerical, administrative, or nonmanual nature. (m) Suspension or end of collection actionThe Bureau may suspend or end collection action on an amount disbursed pursuant to a statute enacted retroactively or otherwise disbursed in error under subsection (a), (b), or (c), where such collection would be impractical, or would cause undue hardship to a debtor who acted in good faith. (n) ConfidentialityThe public safety agency, organization, or unit responsible for maintaining on file an executed designation of beneficiary or executed life insurance policy for purposes of subsection (a)(4) shall maintain the confidentiality of the designation or policy in the same manner as the agency, organization, or unit maintains personnel or other similar records of the public safety officer. (o) Post-traumatic stress disorder, acute stress disorder, or trauma and stress related disorders(1) DefinitionsIn this section:(A) Mass casualty eventThe term “mass casualty event” means an incident resulting in casualties to not fewer than 3 victims, including—(i) an incident that exceeds the normal resources for emergency response available in the jurisdiction where the incident takes place; and (ii) an incident that results in a sudden and timely surge of injured individuals necessitating emergency services. (B) Mass fatality eventThe term “mass fatality event” means an incident resulting in the fatalities of not fewer than 3 individuals at 1 or more locations close to one another with a common cause. (C) Mass shootingThe term “mass shooting” means a multiple homicide incident in which not fewer than 3 victims are killed—(i) with a firearm; (ii) during one event; and (iii) in one or more locations in close proximity. (D) ExposedThe term “exposed” includes—(i) directly experiencing or witnessing an event; or (ii) being subjected, in an intense way, to aversive consequences of the event (including a public safety officer collecting human remains). (E) Traumatic eventThe term “traumatic event” means, in the case of a public safety officer exposed to an event, an event that is—(i) a homicide, suicide, or the violent or gruesome death of another individual (including such a death resulting from a mass casualty event, mass fatality event, or mass shooting); (ii) a harrowing circumstance posing an extraordinary and significant danger or threat to the life of or of serious bodily harm to any individual (including such a circumstance as a mass casualty event, mass fatality event, or mass shooting); or (iii) an act of criminal sexual violence committed against any individual. (2) Personal injury sustained in line of dutyAs determined by the Bureau—(A) post-traumatic stress disorder, acute stress disorder, or trauma and stress related disorders suffered by a public safety officer and diagnosed by a licensed medical or mental health professional, shall be presumed to constitute a personal injury within the meaning of subsection (a) or (b), sustained in the line of duty by the officer, if the officer was exposed, while on duty, to one or more traumatic events and such exposure was a substantial factor in the disorder; (B) post-traumatic stress disorder, acute stress disorder, or trauma and stress related disorders, suffered by a public safety officer who has contacted or attempted to contact the employee assistance program of the agency or entity that the officer serves, a licensed medical or mental health professional, suicide prevention services, or another mental health assistance service in order to receive help, treatment, or diagnosis for post-traumatic stress disorder or acute stress disorder, shall be presumed to constitute a personal injury within the meaning of subsection (a) or (b), sustained in the line of duty by the officer, if the officer, was exposed, while on duty, to one or more traumatic events and such exposure was a substantial factor in the disorder; and (C) post-traumatic stress disorder, acute stress disorder, or trauma and stress related disorders, suffered by a public safety officer who was exposed, while on duty, to one or more traumatic events shall be presumed to constitute a personal injury within the meaning of subsection (a) or (b), sustained in the line of duty by the officer if such exposure was a substantial factor in the disorder. (3) Presumption of death or total disabilityA public safety officer shall be presumed to have died or become permanently and totally disabled (within the meaning of subsection (a) or (b)) as the direct and proximate result of a personal injury sustained in the line of duty, if (as determined by the Bureau) the officer either—(A) took an action, which action was intended to bring about the officer’s death and directly and proximately resulted in such officer’s death or permanent and total disability and exposure, while on duty, to one or more traumatic events was a substantial factor in the action taken by the officer; or (B) took an action within 45 days of the end of exposure, while on duty, to a traumatic event, which action was intended to bring about the officer’s death and directly and proximately resulted in such officer’s death or permanent and total disability, if such action was not inconsistent with a psychiatric disorder. (4) Applicability of limitations on benefits(A) Intentional actionsSection 10282(a)(1) of this title shall not apply to any claim for a benefit under this part that is payable in accordance with this subsection. (B) Substance useSection 10282(a)(2) of this title shall not preclude the payment of a benefit under this part if the benefit is otherwise payable in accordance with this subsection. (p) Personal injury to retired law enforcement officer(1) DefinitionIn this subsection, the term “retired law enforcement officer” means an individual who separated from service in good standing as a law enforcement officer in an official capacity at a public agency with or without compensation. (2) EligibilityA retired law enforcement officer shall be eligible for a benefit under this subchapter if the officer died or became permanently and totally disabled as the direct and proximate result of a personal injury resulting from a targeted attack because of the retired law enforcement officer’s service as a law enforcement officer. (q) Exposure-related cancers(1) DefinitionsIn this subsection:(A) CarcinogenThe term “carcinogen” means an agent that is—(i) classified by the International Agency for Research on Cancer under Group 1 or Group 2A; and (ii) reasonably linked to an exposure-related cancer. (B) DirectorThe term “Director” means the Director of the Bureau. (C) Exposure-related cancerAs updated from time to time in accordance with paragraph (3), the term “exposure-related cancer” means—(i) bladder cancer; (ii) brain cancer; (iii) breast cancer; (iv) cervical cancer; (v) colon cancer; (vi) colorectal cancer; (vii) esophageal cancer; (viii) kidney cancer; (ix) leukemia; (x) lung cancer; (xi) malignant melanoma; (xii) mesothelioma; (xiii) multiple myeloma; (xiv) non-Hodgkins lymphoma; (xv) ovarian cancer; (xvi) prostate cancer; (xvii) skin cancer; (xviii) stomach cancer; (xix) testicular cancer; (xx) thyroid cancer; (xxi) any form of cancer that is considered a WTC-related health condition under section 300mm–22(a) of title 42; and (xxii) any form of cancer added to this definition pursuant to an update in accordance with paragraph (3). (2) Personal injury sustained in the line of duty(A) In generalSubject to subparagraph (B), as determined by the Bureau, the exposure of a public safety officer to a carcinogen shall be presumed to constitute a personal injury within the meaning of subsection (a) or (b) sustained in the line of duty by the officer and directly and proximately resulting in death or permanent and total disability, if—(i) the exposure occurred while the public safety officer was engaged in line of duty action or activity; (ii) the public safety officer began serving as a public safety officer not fewer than 5 years before the date of the diagnosis of the public safety officer with an exposure-related cancer; (iii) the public safety officer was diagnosed with the exposure-related cancer not more than 15 years after the public safety officer’s last date of active service as a public safety officer; and (iv) the exposure-related cancer directly and proximately results in the death or permanent and total disability of the public safety officer. (B) ExceptionThe presumption under subparagraph (A) shall not apply if competent medical evidence establishes that the exposure of the public safety officer to the carcinogen was not a substantial contributing factor in the death or disability of the public safety officer. (3) Additional exposure-related cancers(A) In generalFrom time to time but not less frequently than once every 3 years, the Director shall—(i) review the definition of ‘exposure-related cancer’ under paragraph (1); and (ii) if appropriate, update the definition, in accordance with this paragraph—(I) by rule; or (II) by publication in the Federal Register or on the public website of the Bureau. (B) Basis for updates(i) In generalThe Director shall make an update under subparagraph (A)(ii) in any case in which the Director finds such an update to be appropriate based on competent medical evidence of significant risk to public safety officers of developing the form of exposure-related cancer that is the subject of the update from engagement in their public safety activities. (ii) EvidenceThe competent medical evidence described in clause (i) may include recommendations, risk assessments, and scientific studies by—(I) the National Institute for Occupational Safety and Health; (II) the National Toxicology Program; (III) the National Academies of Sciences, Engineering, and Medicine; or (IV) the International Agency for Research on Cancer. (C) Petitions to add to the list of exposure-related cancers(i) In generalAny person may petition the Director to add a form of cancer to the definition of “exposure-related cancer” under paragraph (1). (ii) Content of petitionA petition under clause (i) shall provide information to show that there is sufficient competent medical evidence of significant risk to public safety officers of developing the cancer from engagement in their public safety activities. (iii) Timely and substantive decisions(I) ReferralNot later than 180 days after receipt of a petition satisfying clause (ii), the Director shall refer the petition to appropriate medical experts for review, analysis (including risk assessment and scientific study), and recommendation. (II) ConsiderationThe Director shall consider each recommendation under subclause (I) and promptly take appropriate action in connection with the recommendation pursuant to subparagraph (B). (iv) Notification to CongressNot later than 30 days after taking any substantive action in connection with a recommendation under clause (iii)(II), the Director shall notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives of the substantive action.

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

(a) In generalNo 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) PresumptionIn 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.

34 U.S.C. § 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 subchapter to maintain and enhance national peer support and counseling programs to assist families of public safety officers who have sustained fatal or catastrophic injury in the line of duty.

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 rescue squad or ambulance crew, while engaging in a rescue activity or in the provision of emergency 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 official authority to engage in fire suppression (as an officer or employee of a public fire department or as an officially recognized or designated member of a legally organized volunteer fire department); or (C) granting to such individual official authorization 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 enrollment or admission; (3) “blind” means an individual who has central 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 of the visual field subtends an angle no greater than 20 degrees; (4) “catastrophic injury” means an injury, the direct and proximate result of which is to permanently render an individual functionally incapable (including through a directly and proximately resulting neurocognitive disorder), based on the state of medicine on the date on which the claim is determined by the Bureau, of performing work, including sedentary work: Provided, That, if it appears that a claimant may be functionally capable of performing work—(A) the Bureau shall disregard work where any compensation provided is de minimis, nominal, honorary, or mere reimbursement of incidental expenses, such as—(i) work that involves ordinary or simple tasks, that because of the claimed disability, the claimant cannot perform without significantly more supervision, accommodation, or assistance than is typically provided to an individual without the claimed disability doing similar work; (ii) work that involves minimal duties that make few or no demands on the claimant and are of little or no economic value to the employer; or (iii) work that is performed primarily for therapeutic purposes and aids the claimant in the physical or mental recovery from the claimed disability; and (B) the claimant shall be presumed, absent clear and convincing medical evidence to the contrary as determined by the Bureau, to be functionally incapable of performing such work if the direct and proximate result of the injury renders the claimant—(i) blind; (ii) parapalegic; 11 So in original. Probably should be “paraplegic;”. or (iii) quadriplegic; (5) “chaplain” includes any individual serving as an officially recognized or designated member of a legally organized volunteer fire department or legally organized police department, or an officially recognized or designated public employee of a legally organized fire or police department who was responding to a fire, rescue, or police emergency; (6) “child” means any natural, illegitimate, adopted, or posthumous child or stepchild of a deceased or permanently and totally disabled public safety officer who, at the time of the public safety officer’s death or fatal injury (in connection with any claim predicated upon such death or injury) or the date of the public safety officer’s catastrophic injury or of the final determination by the Bureau of any claim predicated upon such catastrophic injury, is—(A) 18 years of age or under; (B) over 18 years of age and a student as defined in section 8101 of title 5; or (C) over 18 years of age and incapable of self-support because of physical or mental disability; (7) “firefighter” includes an individual serving as an officially recognized or designated member of a legally organized volunteer fire department, including an individual who, as such a member, engages in scene security or traffic management as the primary or only duty of the individual during emergency response; (8) “intoxication” means a disturbance of mental or physical faculties resulting from the introduction of alcohol into the body as evidenced by—(A) a post-injury blood alcohol level of .20 per centum or greater; or (B) a post-injury blood alcohol level of at least .10 per centum but less than .20 per centum unless the Bureau receives convincing evidence that the public safety officer was not acting in an intoxicated manner immediately prior to his fatal or catastrophic injury; or resulting from drugs or other substances in the body; (9) “law enforcement officer” means an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the criminal laws (including juvenile delinquency), including, but not limited to, police, corrections, probation, parole, and judicial officers; (10) “member of a rescue squad or ambulance crew” means an officially recognized or designated employee or volunteer member of a rescue squad or ambulance crew (including a ground or air ambulance service) that—(A) is a public agency; or (B) is (or is a part of) a nonprofit entity serving the public that—(i) is officially authorized or licensed to engage in rescue activity or to provide emergency medical services; and (ii) engages in rescue activities or provides emergency medical services as part of an official emergency response system; (11) “neurocognitive disorder” means a disorder that is characterized by a clinically significant decline in cognitive functioning and may include symptoms and signs such as disturbances in memory, executive functioning (that is, higher-level cognitive processes, such as, regulating attention, planning, inhibiting responses, decision-making), visual-spatial functioning, language, speech, perception, insight, judgment, or an insensitivity to social standards; (12) “sedentary work” means work that—(A) involves lifting articles weighing no more than 10 pounds at a time or occasionally lifting or carrying articles such as docket files, ledgers, or small tools; and (B) despite involving sitting on a regular basis, may require walking or standing on an occasional basis; (13) “public agency” means the United States, any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States, or any unit of local government, department, agency, or instrumentality of any of the foregoing, and includes (as may be prescribed by regulation hereunder) a legally organized volunteer fire department that is a nonprofit entity and provides services without regard to any particular relationship (such as a subscription) a member of the public may have with such a department; and (14) “public safety officer” means—(A) an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a chaplain: Provided, That (notwithstanding section 10285(b)(2) or (3) of this title) the Bureau shall, absent clear and convincing evidence to the contrary as determined by the Bureau, deem the actions outside of jurisdiction taken by any such law enforcement officer or firefighter, to have been taken while serving such public agency in such capacity, in any case in which the principal legal officer of such public agency, and the head of such agency, together, certify that such actions—(i) were not unreasonable; (ii) would have been within the authority and line of duty of such law enforcement officer or such firefighter to take, had they been taken in a jurisdiction where such law enforcement officer or firefighter was authorized to act, in the ordinary course, in an official capacity; and (iii) would have resulted in the payment of full line-of-duty death or disability benefits (as applicable), if any such benefits typically were payable by (or with respect to or on behalf of) such public agency, as of the date the actions were taken; (B) a candidate officer who is engaging in an activity or exercise that itself is a formal or required part of the program in which the candidate officer is enrolled or admitted, as provided in this section; (C) an employee of the Federal Emergency Management Agency who is performing official duties of the Agency in an area, if those official duties—(i) are related to a major disaster or emergency that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and (ii) are determined by the Administrator of the Federal Emergency Management Agency to be hazardous duties; (D) an employee of a State, local, or tribal emergency management or civil defense agency who is performing official duties in cooperation with the Federal Emergency Management Agency in an area, if those official duties—(i) are related to a major disaster or emergency that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and (ii) are determined by the head of the agency to be hazardous duties; (E) a member of a rescue squad or ambulance crew who, as authorized or licensed by law and by the applicable agency or entity, is engaging in rescue activity or in the provision of emergency medical services: Provided, That (notwithstanding section 10285(b)(2) or (3) of this title) the Bureau shall, absent clear and convincing evidence to the contrary as determined by the Bureau, deem the actions outside of jurisdiction taken by any such member to have been thus authorized or licensed, in any case in which the principal legal officer of such agency or entity, and the head of such agency or entity, together, certify that such actions—(i) were not unreasonable; (ii) would have been within the authority and line of duty of such member to take, had they been taken in a jurisdiction where such member was authorized or licensed by law and by a pertinent agency or entity to act, in the ordinary course; and (iii) would have resulted in the payment of full line-of-duty death or disability benefits (as applicable), if any such benefits typically were payable by (or with respect to or on behalf of) such applicable agency or entity, as of the date the action was taken; (F) omitted (G) an employee or contractor of the Department of Energy who—(i) is—(I) a nuclear materials courier (as defined in section 8331(27) of title 5); or (II) designated by the Secretary of Energy as a member of an emergency response team; and (ii) is performing official duties of the Department, pursuant to a deployment order issued by the Secretary, to protect the public, property, or the interests of the United States by—(I) assessing, locating, identifying, securing, rendering safe, or disposing of weapons of mass destruction (as defined in section 2302 of title 50); or (II) managing the immediate consequences of a radiological release or exposure.

34 U.S.C. § 10285 Administrative provisions

(a) Rules, regulations, and proceduresThe 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, 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 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 appealsNotwithstanding 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 subchapterUnless 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, 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 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 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.

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 generalNotwithstanding 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, 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)) 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 et seq.).1 (b) DefinitionsFor 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).1

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)], which includes all claims processing, shall be available also for the same under subpart 2 of such part L [34 U.S.C. 10301 et seq.] and under any statute authorizing payment of benefits described under subpart 1 [34 U.S.C. 10281 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)) 11 See References in Text note below. shall apply; (2) payment (consistent with section 10286 of this title) 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.C. 10282] shall be deemed to be a reference to paragraphs (2) and (3) of such section 1202: Provided further, That, on and after January 2, 2013, no appeal shall bring any final determination of the Bureau before any court for review unless notice of appeal is filed (within the time specified herein and in the manner prescribed for appeal to United States courts of appeals from United States district courts) not later than 90 days after the date on which the Bureau serves notice of the final determination: Provided further, That any regulations promulgated by the Bureau under such part (or any such statute) before, on, or after January 2, 2013, shall apply to any matter pending on, or filed or accruing after, the effective date specified in the regulations.

34 U.S.C. § 10288 Due diligence in paying benefit claims

(a) In generalThe 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 unavailableIf 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).

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.

34 U.S.C. § 10302 Basic eligibility

(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. (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. (b) Duration of benefitsNo 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 generalSubject 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 applicationIf 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) beginning on the day after the date that is 1 year after the date on which the application is filed; and (ii) ending on the date on which the application is approved. (B) Claim for benefits for death or permanent and total disabilityIn addition to an extension under subparagraph (A), if any, for an application for assistance under this part that relates to a claim for benefits under part A that was approved more than 1 year after the date on which the claim was filed with the Attorney General, the age limitation under this subsection shall be extended by the length of the period—(i) beginning on the day after the date that is 1 year after the date on which the claim for benefits is submitted; and (ii) ending on the date on which the claim for benefits is approved.

34 U.S.C. § 10303 Applications; approval

(a) ApplicationA person seeking assistance under this part shall submit an application to the Attorney General in such form and containing such information as the Attorney General reasonably may require. (b) ApprovalThe Attorney General shall approve an application for assistance under this part unless the Attorney General finds that—(1) the person is not eligible for, is no longer eligible for, or is not entitled to the assistance for which application is made; (2) the person’s selected educational institution fails to meet a requirement under this part for eligibility; (3) the person’s enrollment in or pursuit of the educational program selected would fail to meet the criteria established in this part for programs; or (4) the person already is qualified by previous education or training for the educational, professional, or vocational objective for which the educational program is offered. (c) NotificationThe Attorney General shall notify a person applying for assistance under this part of approval or disapproval of the application in writing.

34 U.S.C. § 10304 Regulations

(a) In generalThe Attorney General may promulgate reasonable and necessary regulations to implement this part. (b) Sliding scaleNotwithstanding section 10303(b) of this title, the Attorney General shall issue regulations regarding the use of a sliding scale based on financial need to ensure that an eligible person who is in financial need receives priority in receiving funds under this part.

34 U.S.C. § 10305 Discontinuation for unsatisfactory conduct or progress

The Attorney General may discontinue assistance under this part when the Attorney General finds that, according to the regularly prescribed standards and practices of the educational institution, the recipient fails to maintain satisfactory progress as described in section 1091(c) of title 20.

34 U.S.C. § 10306 Special rule

(a) Retroactive eligibilityNotwithstanding any other provision of law, a spouse or child of a Federal law enforcement officer killed in the line of duty on or after January 1, 1978,,11 So in original. and a spouse or child of a public safety officer killed in the line of duty on or after January 1, 1978, shall be eligible for assistance under this part, subject to the other limitations of this part. (b) Retroactive assistanceThe Attorney General shall (unless prospective assistance has been provided) provide retroactive assistance to a person eligible under this section for each month in which the person pursued a program of education at an eligible educational institution. The Attorney General shall apply the limitations contained in this part to retroactive assistance. (c) Prospective assistanceThe Attorney General may provide prospective assistance to a person eligible under this section on the same basis as assistance to a person otherwise eligible. In applying the limitations on assistance under this part, the Attorney General shall include assistance provided retroactively. A person eligible under this section may waive retroactive assistance and apply only for prospective assistance on the same basis as a person otherwise eligible.

34 U.S.C. § 10307 Definitions

For purposes of this part: (1) The term “Attorney General” means the Attorney General of the United States. (2) The term “program of education” means any curriculum or any combination of unit courses or subjects pursued at an eligible educational institution, which generally is accepted as necessary to fulfill requirements for the attainment of a predetermined and identified educational, professional, or vocational objective. It includes course work for the attainment of more than one objective if in addition to the previous requirements, all the objectives generally are recognized as reasonably related to a single career field. (3) The term “eligible educational institution” means an institution which—(A) is an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and (B) is eligible to participate in programs under title IV of such Act [20 U.S.C. 1070 et seq.].

34 U.S.C. § 10308 Authorization of appropriations

There are authorized to be appropriated to carry out this part such sums as may be necessary.