§ 10288. Due diligence in paying benefit claims

Statutory text

In general

The Bureau, with all due diligence, shall expeditiously attempt to obtain the information and documentation necessary to adjudicate a benefit claim filed under this subchapter, including a claim for financial assistance under part B.

Sufficient information unavailable

If 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—

may use available investigative tools, including subpoenas, to—

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

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

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).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2017
Omnibus Crime Control and Safe Streets Act of 1968
Pub. L. 90–351 title I § 1206 · 82 Stat. 197
Enacted · 34 U.S.C. § 10288
Pub. L. 90–351, title I, § 1206, as added Pub. L. 115–36, § 4, June 2, 2017, 131 Stat. 852
Source evidence
Code source credit
Pub. L. 90–351, title I, § 1206, as added Pub. L. 115–36, § 4, June 2, 2017, 131 Stat. 852
2021
Protecting America’s First Responders Act of 2021
Pub. L. 117–61 § 4 · 135 Stat. 1474
Substituted · 34 U.S.C. § 10288(b)
Pub. L. 117–61 substituted “the Bureau—” and pars. (1) and (2) for “the Bureau may not abandon the benefit claim unless the Bureau has utilized the investigative tools available to the Bureau to obtain the necessary information or documentation, including subpoenas.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 117–61 substituted “the Bureau—” and pars. (1) and (2) for “the Bureau may not abandon the benefit claim unless the Bureau has utilized the investigative tools available to the Bureau to obtain the necessary information or documentation, including subpoenas.”.
Enacted provision · exact public law section
SEC. 4. DUE DILIGENCE IN PAYING BENEFIT CLAIMS UNDER PUBLIC SAFETY OFFICERS’ DEATH BENEFITS PROGRAM. Section 1206(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10288(b)) is amended by striking “the Bureau may not” and all that follows and inserting the following: “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).” .
Effective date note
Amendment by Pub. L. 117–61 effective Nov. 18, 2021, and applicable to any matter pending, before the Bureau or otherwise, on Nov. 18, 2021, or filed (consistent with pre-existing effective dates) or accruing after that date, see section 8(a) and (b)(2) of Pub. L. 117–61, set out in a note under section 10281 of this title.

1 of 2 references resolved to an enrolled provision · 1 partial

Editorial Notes

Codification

Section was formerly classified to section 3796c–3 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2021—Subsec. (b). Pub. L. 117–61 substituted “the Bureau—” and pars. (1) and (2) for “the Bureau may not abandon the benefit claim unless the Bureau has utilized the investigative tools available to the Bureau to obtain the necessary information or documentation, including subpoenas.”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–61 effective Nov. 18, 2021, and applicable to any matter pending, before the Bureau or otherwise, on Nov. 18, 2021, or filed (consistent with pre-existing effective dates) or accruing after that date, see section 8(a) and (b)(2) of Pub. L. 117–61, set out in a note under section 10281 of this title.

Effective Date

Section effective June 2, 2017, and applicable to any benefit claim or application under this subchapter pending before the Bureau of Justice Assistance on such date or received by the Bureau on or after such date, see section 6 of Pub. L. 115–36, set out as an Effective Date of 2017 Amendment note under section 10282 of this title.

Credits

2017–2021 · 2 acts

2017Pub. L. 90–351, title I, § 1206, as added Pub. L. 115–36, § 4, June 2, 2017, 131 Stat. 852
2021amended Pub. L. 117–61, § 4, Nov. 18, 2021, 135 Stat. 1478.

Show as published

(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.)