US Code

Public Law 119-73 (01/23/2026)

34 U.S.C. § 10287

Funds available for appeals and expenses of representation of hearing examiners

34 U.S.C. 10285(c)34 U.S.C. 1030134 U.S.C. 10281Provided furtherOn and after , funds available to conduct appeals under section 1205(c) of the 1968 Act [], which includes all claims processing, shall be available also for the same under subpart 2 of such part L [ et seq.] and under any statute authorizing payment of benefits described under subpart 1 [ 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: , That, on and after , as to each such statute—
(1)
42 U.S.C. 3793(a)(4)1
1 See References in Text note below.
the provisions of section 1001(a)(4) of such title I ()  shall apply;
(2)
section 10286 of this title payment (consistent with ) shall be made only upon a determination by the Bureau that the facts legally warrant the payment; and
(3)
34 U.S.C. 10282 any reference to section 1202 of such title I [] shall be deemed to be a reference to paragraphs (2) and (3) of such section 1202:
Provided furtherProvided further, That, on and after , 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: , That any regulations promulgated by the Bureau under such part (or any such statute) before, on, or after , shall apply to any matter pending on, or filed or accruing after, the effective date specified in the regulations.

Pub. L. 110–161, div. B, title II121 Stat. 1912Pub. L. 112–239, div. A, title X, § 1086(c)126 Stat. 1968(, , ; , , .)

Editorial Notes

References in Text

Pub. L. 90–35182 Stat. 197section 10285(c) of this titlesection 10282 of this titlePub. L. 115–36, § 5(1)131 Stat. 852section 10101 of this titleThe 1968 Act, referred to in text, is the Omnibus Crime Control and Safe Streets Act of 1968, , , . Section 1205(c) of the Act is classified to . 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. Sections 1001(a)(4) and 1202 of such title I mean sections 1001(a)(4) and 1202 of title I of the Act, which are classified to sections 10261(a)(4) and 10282, respectively, of this title. Paragraphs (2) and (3) of such section 1202 mean pars. (2) and (3) of , which were redesignated subsec. (a)(2) and (3), respectively, of that section by , , . For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under 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 3796c–2 of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

Pub. L. 112–2392013— 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 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 .