; or (II) was determined to be ineligible for a benefit payment under section 1201(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281(b) ); and (ii) the amount of the total benefit payment the covered individual received under the Public Safety Officers' Death Benefit Program before the date of enactment of this Act; (B) in the case of a covered beneficiary, the amount of the total benefit payment the covered beneficiary would have received under subpart 2 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10301 et seq.) if the amendments made by section 3 of this Act had been in effect on the date on which the determination described in subsection (a)(3)(B)(i) of this section was made; and (C) in the case of a covered claimant, the amount of the total benefit payment the covered individual on whose estate the covered claimant is a claimant would have received under the Public Safety Officers' Death Benefit Program as of the date of the lump sum payment, if the amendments made by sections 2 and 3 had been in effect on the date on which the determination described in subsection (a)(3)(B)(i) of this section was made. (2) Application A covered individual desiring a lump sum payment under paragraph (1) shall apply to the Bureau of Justice Assistance for such lump sum payment not later than 3 years after the date of enactment of this Act. 5. Due diligence in paying benefit claims under the 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) shall use all available investigative tools, including subpoenas, to— (A) expedite the processing of the benefit claim; and (B) obtain necessary information or documentation from third parties, including public agencies