§10287 — Title 34 Navy | U.S. Code

Summary

Starting December 26, 2007, money that pays for appeals under section 1205(c) can also be used to pay for the same kinds of appeals under subpart 2 and for appeals tied to benefits under subpart 1. The money can also pay for appeals from final Bureau decisions to the Court of Appeals for the Federal Circuit, which has sole authority to hear those appeals. It can also cover costs to defend hearing examiners in lawsuits about their official actions; those examiners are conclusively treated as having quasi-judicial immunity when doing their jobs. Beginning January 2, 2013, each such statute is subject to 42 U.S.C. 3793(a)(4); payments must follow section 10286 and be made only after the Bureau decides the facts legally warrant payment; and any mention of section 1202 is to be read as referring to paragraphs (2) and (3) of that section.

Title 34, §10287

Navy — Source: USLM XML via OLRC

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:

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