Sec. 3. Backlog of claims
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Subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796a ) is amended by adding at the end the following: Notwithstanding section 706 of title 5, United States Code, or any other provision of law, in any appeal of a determination of the Bureau to deny a claim under this part, including an appeal to a hearing officer of the Bureau, to the Director, or to a court of the United States, the reviewing official or court shall review the determination de novo.
Notwithstanding section 704 of title 5, United States Code, or any other provision of law, an individual who files a claim for benefits under this part with the Bureau may file a subsequent claim with the United States Court of Federal Claims seeking an award of benefits under this part despite an absence of final agency action with respect to the original claim filed with the Bureau if— the Bureau does not make a determination with respect to the original claim within 1 year of the date on which the claim was filed with the Bureau; the Bureau denies the original claim within 1 year of the date on which the claim was filed with the Bureau; the individual appeals the denial under clause
(i)to a hearing officer; and the hearing officer does not make a determination with respect to the original claim within 180 days of the date on which the appeal was filed under clause (ii); or the Bureau denies the original claim within 1 year of the date on which the claim was filed with the Bureau; the individual appeals the denial under clause
(i)to a hearing officer; the hearing officer denies the original claim within 180 days of the date on which the appeal was filed under clause (ii); the individual appeals the denial under clause
(iii)to the Director; and the Director does not make a determination with respect to the original claim within 180 days of the date on which the appeal was filed under clause (iv). The United States Court of Federal Claims shall review a claim filed under paragraph
(1)without regard to any determination made by the Bureau, including a hearing officer of the Bureau, with respect to the original claim filed with the Bureau. For purposes of determining whether an individual is eligible to file a claim under paragraph (1), the United States Court of Federal Claims shall determine the date on which the original claim was filed with the Bureau without regard to whether the Bureau has deemed the application that forms the basis of the original claim to be incomplete and thus not constitute an official claim. .
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U.S. Code