US Code

Public Law 119-88 (05/04/2026)

34 U.S.C. § 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, § 1202Pub. L. 98–473, title II, § 609F98 Stat. 2099 Pub. L. 101–647, title XIII, § 1301(b)104 Stat. 4834 Pub. L. 109–162, title XI, § 1164(b)119 Stat. 3120 Pub. L. 112–239, div. A, title X, § 1086(b)(1)(C)126 Stat. 1966 Pub. L. 115–36, § 5131 Stat. 852 (, as added , , ; amended , , ; , , ; , , ; , , .)

Editorial Notes

Codification

section 3796a of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

section 1202 of title I of Pub. L. 90–351Pub. L. 96–157, § 293 Stat. 1220 Pub. L. 98–411, title II, § 204(a)(2)98 Stat. 1561 Pub. L. 98–473, title II, § 609Z98 Stat. 2107 Pub. L. 90–351section 609F of Pub. L. 98–473A prior , as added , , ; amended , , ; , , , contained provisions similar to this section, prior to the general amendment of part L of title I of by .

section 1202 of Pub. L. 90–35182 Stat. 236 Pub. L. 99–308, § 104(b)100 Stat. 459 Another prior , title VII, , , was set out in the Appendix to Title 18, Crimes and Criminal Procedure, prior to repeal by , , .

Amendments

Pub. L. 115–362017— designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Pub. L. 112–239, § 1086(b)(1)(C)(i)2013—, substituted “fatal” for “death” wherever appearing except in par. (1) following “bring about his”.

Pub. L. 112–239, § 1086(b)(1)(C)(ii)Par. (1). , substituted “bring about his death, disability, or injury” for “bring about his death or catastrophic injury”.

Pub. L. 109–1622006—Par. (5). inserted “with respect” before “to any individual”.

Pub. L. 101–6471990—Pars. (1) to (4). inserted “or catastrophic injury” after “death” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–36, § 6131 Stat. 852

section 10288 of this title“The amendments made by this Act [enacting and amending this section and sections 10285 and 10302 of this title] shall—
“(1)
take effect on the date of enactment of this Act []; and
“(2)
42 U.S.C. 379634 U.S.C. 10281 apply to any benefit claim or application under part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( et seq.) [now et seq.] that is—
“(A)
pending before the Bureau of Justice Assistance on the date of enactment; or
“(B)
received by the Bureau on or after the date of enactment of this Act.”
, , , provided that:

Effective Date of 2013 Amendment

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

Effective Date of 1990 Amendment

Pub. L. 101–647section 1303 of Pub. L. 101–647section 10281 of this titleAmendment by effective , and not applicable with respect to injuries occurring before , see , set out as a note under .