PRIA, Government Policy, Made Personal

Summary

Starting December 26, 2007, money used to pay for appeals under the 1968 Act can also pay for appeals and claims work under related parts and statutes. The same funds can be used for appeals from final decisions of the Bureau to the U.S. Court of Appeals for the Federal Circuit, which alone will hear those appeals. The funds also cover legal costs for hearing examiners defending lawsuits that come from doing their jobs, and those examiners are treated as having strong judicial immunity while acting in that role. Beginning January 2, 2013, three rules apply to each such statute: the rule in section 1001(a)(4) applies; payments are allowed only after the Bureau finds the facts legally support payment; and references to section 1202 mean paragraphs (2) and (3) of that section. Also, no court can review a final Bureau decision unless a notice of appeal is filed in the way used for appeals to U.S. courts of appeals and filed no later than 90 days after the Bureau serves its final decision. Any Bureau regulations made before, on, or after January 2, 2013 will apply to cases pending or starting after the regulation’s effective date.

Title 34, §10287

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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)) 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The 1968 Act, referred to in text, is the Omnibus Crime Control and Safe Streets Act of 1968, Pub. L. 90–351,

June 19, 1968, 82 Stat. 197. section 1205(c) of the Act is classified to section 10285(c) of this title. Subparts 1 and 2 of such part L means subparts 1 and 2 of part L of title I of the Act which are classified generally to this part and part B (§ 10301 et seq.) of this subchapter. section 1001(a)(4) and 1202 of such title I mean section 1001(a)(4) and 1202 of title I of the Act, which are classified to section 10261(a)(4) and 10282, respectively, of this title. Paragraphs (2) and (3) of such section 1202 mean pars. (2) and (3) of section 10282 of this title, which were redesignated subsec. (a)(2) and (3), respectively, of that section by Pub. L. 115–36, § 5(1),

June 2, 2017, 131 Stat. 852. For complete classification of this Act to the Code, see

Short Title

of 1968 Act note set out under section 10101 of this title and Tables. Codification Section was enacted as part of the Department of Justice Appropriations Act, 2008, and also as part of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008, and the Consolidated Appropriations Act, 2008, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. Section was formerly classified to section 3796c–2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2013—Pub. L. 112–239 substituted “final determinations” for “final decisions”, struck out “(including those, and any related matters, pending)” after “exclusive jurisdiction thereof”, and inserted three provisos at end.

Statutory Notes and Related Subsidiaries

Effective Date

of 2013 AmendmentAmendment by Pub. L. 112–239 effective Jan. 2, 2013, and applicable to matters pending on Jan. 2, 2013, or filed or accruing after that date, with certain exceptions, see section 1086(d) of Pub. L. 112–239, set out as a note under section 10251 of this title.

§10287 Funds Available for Appeals and Expenses of Representation of Hearing Examiners