Collapse to view only § 10284. Definitions
- § 10281. Payment of death benefits
- § 10282. Limitations on benefits
- § 10283. National programs for families of public safety officers who have sustained fatal or catastrophic injury in the line of duty
- § 10284. Definitions
- § 10285. Administrative provisions
- § 10286. Expedited payment for public safety officers involved in the prevention, investigation, rescue, or recovery efforts related to a terrorist attack
- § 10287. Funds available for appeals and expenses of representation of hearing examiners
- § 10288. Due diligence in paying benefit claims
§ 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 disability
(c) Interim benefit payment
(d) Deduction of interim payment
(e) Repayment of interim payment; waiver
(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 prohibited
(h) Consumer Price Index adjustment
(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) Definition
(m) Suspension or end of collection action
(n) Confidentiality
(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 event
(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), 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), 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), 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 actions
(B) Substance use
(Pub. L. 90–351, title I, § 1201, as added Pub. L. 98–473, title II, § 609F, Oct. 12, 1984, 98 Stat. 2098; amended Pub. L. 100–690, title VI, § 6105(a)–(c), Nov. 18, 1988, 102 Stat. 4341; Pub. L. 101–647, title XIII, § 1301(a), Nov. 29, 1990, 104 Stat. 4834; Pub. L. 102–520, § 1, Oct. 25, 1992, 106 Stat. 3402; Pub. L. 103–322, title XXXIII, § 330001(e)(1), Sept. 13, 1994, 108 Stat. 2138; Pub. L. 107–56, title VI, § 613(a), Oct. 26, 2001, 115 Stat. 369; Pub. L. 107–196, § 2(b), June 24, 2002, 116 Stat. 719; Pub. L. 108–182, § 2, Dec. 15, 2003, 117 Stat. 2649; Pub. L. 109–162, title XI, § 1164(c)–(e), Jan. 5, 2006, 119 Stat. 3120, 3121; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(B), Jan. 2, 2013, 126 Stat. 1964; Pub. L. 117–61, § 2, Nov. 18, 2021, 135 Stat. 1474; Pub. L. 117–172, § 3(a), Aug. 16, 2022, 136 Stat. 2099.)
§ 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.
(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.)
§ 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.
(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.)
§ 10284. DefinitionsAs 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; 1
1 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.
(Pub. L. 90–351, title I, § 1204, formerly § 1203, as added Pub. L. 98–473, title II, § 609F, Oct. 12, 1984, 98 Stat. 2099; amended Pub. L. 99–500, § 101(b) [title II, § 207], Oct. 18, 1986, 100 Stat. 1783–39, 1783–56, and Pub. L. 99–591, § 101(b) [title II, § 207], Oct. 30, 1986, 100 Stat. 3341–39, 3341–56; renumbered § 1204 and amended Pub. L. 100–690, title VI, §§ 6105(d), 6106(a)(1), Nov. 18, 1988,
§ 10285. Administrative provisions
(a) Rules, regulations, and procedures
(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 appeals
(d) References to provisions outside this subchapter
(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.
(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.)
§ 10286. Expedited payment for public safety officers involved in the prevention, investigation, rescue, or recovery efforts related to a terrorist attack
(a) In general
(b) Definitions
(Pub. L. 107–56, title VI, § 611, Oct. 26, 2001, 115 Stat. 369; Pub. L. 112–239, div. A, title X, § 1086(b)(2), Jan. 2, 2013, 126 Stat. 1968.)
§ 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)) 1
1 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:
(Pub. L. 110–161, div. B, title II, Dec. 26, 2007, 121 Stat. 1912; Pub. L. 112–239, div. A, title X, § 1086(c), Jan. 2, 2013, 126 Stat. 1968.)
§ 10288. Due diligence in paying benefit claims
(a) In general
(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).
(Pub. L. 90–351, title I, § 1206, as added Pub. L. 115–36, § 4, June 2, 2017, 131 Stat. 852; amended Pub. L. 117–61, § 4, Nov. 18, 2021, 135 Stat. 1478.)