34 U.S.C. § 10288 — Due diligence in paying benefit claims

Page 99 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10302 Commerce, Justice, Science, and Related Agencies Ap- propriations Act, 2008, and the Consolidated Appropria- tions Act, 2008, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which com- prises this chapter. Section was formerly classified to section 3796c–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2013—Pub. L. 112–239 substituted ‘‘final determina- tions’’ for ‘‘final decisions’’, struck out ‘‘(including those, and any related matters, pending)’’ after ‘‘exclu- sive jurisdiction thereof’’, and inserted three provisos at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Amendment 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 excep- tions, see section 1086(d) of Pub. L. 112–239, set out as a note under section 10251 of this title. § 10288. Due diligence in paying benefit claims (a) In general The Bureau, with all due diligence, shall expe- ditiously 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. (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 Bu- reau because of a lack of information or docu- mentation from a third party, such as a public agency, and such information is not readily available to the claimant, the Bureau— (1) may use available investigative tools, in- cluding subpoenas, to— (A) adjudicate or to expedite the proc- essing 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 agen- cies, if the Bureau deems such use to be nec- essary to adjudicate or conducive to expe- diting the adjudication of a claim; and (2) may not abandon the benefit claim unless the Bureau has used investigative tools, in- cluding subpoenas, to obtain the information or documentation deemed necessary to adju- dicate such claim by the Bureau under sub- paragraph (1)(B). (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.) Editorial Notes CODIFICATION Section was formerly classified to section 3796c–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2021—Subsec. (b). Pub. L. 117–61 substituted ‘‘the Bu- reau—’’ and pars. (1) and (2) for ‘‘the Bureau may not abandon the benefit claim unless the Bureau has uti- lized the investigative tools available to the Bureau to obtain the necessary information or documentation, in- cluding 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 Bu- reau 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 Effec- tive Date of 2017 Amendment note under section 10282 of this title. PART B—EDUCATIONAL ASSISTANCE TO DEPEND- ENTS OF CIVILIAN FEDERAL LAW ENFORCEMENT OFFICERS KILLED OR DISABLED IN LINE OF DUTY § 10301. Purposes The purposes of this part are— (1) to enhance the appeal of service in public safety agencies; (2) to extend the benefits of higher education to qualified and deserving persons who, by vir- tue of the death of or total disability of an eli- gible officer, may not be able to afford it oth- erwise; and (3) to allow the family members of eligible officers to attain the vocational and edu- cational status which they would have at- tained had a parent or spouse not been killed or disabled in the line of duty. (Pub. L. 90–351, title I, § 1211, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3114; amended Pub. L. 105–390, § 2(2), Nov. 13, 1998, 112 Stat. 3495.) Editorial Notes CODIFICATION Section was formerly classified to section 3796d of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 1998—Par. (1). Pub. L. 105–390 substituted ‘‘public safe- ty’’ for ‘‘civilian Federal law enforcement’’. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of Pub. L. 104–238, which enacted this subchapter, as the ‘‘Federal Law Enforcement Depend- ents Assistance Act of 1996’’, see section 1 of Pub. L. 104–238, set out as a Short Title of 1996 Act note under section 10101 of this title. § 10302. Basic eligibility (a) Benefits (1) The Attorney General shall provide finan- cial assistance to a person who attends a pro- gram of education and is—