34 U.S.C. § 10303 — Applications; approval

Page 100 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10303 (A) the child of any eligible public safety of- ficer under part A; or (B) the spouse of an officer described in sub- paragraph (A) at the time of the officer’s death or on the date of a totally and perma- nently disabling injury. (2) Except as provided in paragraph (3), finan- cial assistance under this part shall consist of direct payments to an eligible person and shall be computed on the basis set forth in section 3532 of title 38. (3) The financial assistance referred to in para- graph (2) shall be reduced by the amount, if any, determined under section 10304(b) of this title. (b) Duration of benefits No person shall receive assistance under this part for a period in excess of forty-five months of full-time education or training or a propor- tional period of time for a part-time program. (c) Age limitation for children (1) In general Subject to paragraph (2), no child shall be el- igible for assistance under this part after the child’s 27th birthday absent a finding by the Attorney General of extraordinary cir- cumstances precluding the child from pur- suing a program of education. (2) Delayed approvals (A) Educational assistance application If a claim for assistance under this part is approved more than 1 year after the date on which the application for such assistance is filed with the Attorney General, the age lim- itation under this subsection shall be ex- tended by the length of the period— (i) beginning on the day after the date that is 1 year after the date on which the application is filed; and (ii) ending on the date on which the ap- plication is approved. (B) Claim for benefits for death or perma- nent and total disability In addition to an extension under subpara- graph (A), if any, for an application for as- sistance under this part that relates to a claim for benefits under part A that was ap- proved more than 1 year after the date on which the claim was filed with the Attorney General, the age limitation under this sub- section shall be extended by the length of the period— (i) beginning on the day after the date that is 1 year after the date on which the claim for benefits is submitted; and (ii) ending on the date on which the claim for benefits is approved. (Pub. L. 90–351, title I, § 1212, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3114; amended Pub. L. 105–390, § 2(3), Nov. 13, 1998, 112 Stat. 3495; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(G), (H), Jan. 2, 2013, 126 Stat. 1968; Pub. L. 115–36, § 3, June 2, 2017, 131 Stat. 851.) Editorial Notes CODIFICATION Section was formerly classified to section 3796d–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2017—Subsec. (c). Pub. L. 115–36 designated existing provisions as par. (1) and inserted heading, substituted ‘‘Subject to paragraph (2), no child’’ for ‘‘No child’’, and added par. (2). 2013—Subsec. (a). Pub. L. 112–239, § 1086(b)(1)(G), sub- stituted ‘‘person’’ for ‘‘dependent’’ wherever appearing. Subsec. (a)(1). Pub. L. 112–239, § 1086(b)(1)(H)(i)(I), sub- stituted ‘‘The’’ for ‘‘Subject to the availability of ap- propriations, the’’ in introductory provisions. Subsec. (a)(3). Pub. L. 112–239, § 1086(b)(1)(H)(i)(II), substituted ‘‘reduced by the amount’’ for ‘‘reduced by the sum of— ‘‘(A) the amount of educational assistance benefits from other Federal, State, or local governmental sources to which the eligible dependent would other- wise be entitled to receive; and ‘‘(B) the amount’’. Subsec. (b). Pub. L. 112–239, § 1086(b)(1)(G), substituted ‘‘person’’ for ‘‘dependent’’. Subsec. (c). Pub. L. 112–239, § 1086(b)(1)(H)(ii), struck out ‘‘dependent’’ before ‘‘children’’ in heading and be- fore ‘‘child shall’’ in text. 1998—Subsec. (a)(1)(A). Pub. L. 105–390, § 2(3)(A), sub- stituted ‘‘public safety’’ for ‘‘Federal law enforce- ment’’. Subsec. (a)(2). Pub. L. 105–390, § 2(3)(B), substituted ‘‘Except as provided in paragraph (3), financial’’ for ‘‘Financial’’. Subsec. (a)(3). Pub. L. 105–390, § 2(3)(C), added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–36 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 Bu- reau on or after such date, see section 6 of Pub. L. 115–36, set out as a note under section 10282 of this title. 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. § 10303. Applications; approval (a) Application A person seeking assistance under this part shall submit an application to the Attorney General in such form and containing such infor- mation as the Attorney General reasonably may require. (b) Approval The Attorney General shall approve an appli- cation for assistance under this part unless the Attorney General finds that— (1) the person is not eligible for, is no longer eligible for, or is not entitled to the assistance for which application is made; (2) the person’s selected educational institu- tion fails to meet a requirement under this part for eligibility; (3) the person’s enrollment in or pursuit of the educational program selected would fail to meet the criteria established in this part for programs; or (4) the person already is qualified by pre- vious education or training for the edu- cational, professional, or vocational objective for which the educational program is offered. Page 101 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10306 1 So in original. (c) Notification The Attorney General shall notify a person ap- plying for assistance under this part of approval or disapproval of the application in writing. (Pub. L. 90–351, title I, § 1213, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3115; amended Pub. L. 112–239, div. A, title X, § 1086(b)(1)(G), (I), Jan. 2, 2013, 126 Stat. 1968.) Editorial Notes CODIFICATION Section was formerly classified to section 3796d–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2013—Subsec. (b). Pub. L. 112–239 substituted ‘‘person’’ for ‘‘dependent’’ in pars. (1) and (4) and ‘‘person’s’’ for ‘‘dependent’s’’ in pars. (2) and (3). Subsec. (c). Pub. L. 112–239, § 1086(b)(1)(G), substituted ‘‘person’’ for ‘‘dependent’’. 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. § 10304. Regulations (a) In general The Attorney General may promulgate rea- sonable and necessary regulations to implement this part. (b) Sliding scale Notwithstanding section 10303(b) of this title, the Attorney General shall issue regulations re- garding the use of a sliding scale based on finan- cial need to ensure that an eligible person who is in financial need receives priority in receiving funds under this part. (Pub. L. 90–351, title I, § 1214, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3115; amended Pub. L. 105–390, § 2(4), Nov. 13, 1998, 112 Stat. 3495; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(G), Jan. 2, 2013, 126 Stat. 1968.) Editorial Notes CODIFICATION Section was formerly classified to section 3796d–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2013—Subsec. (b). Pub. L. 112–239 substituted ‘‘person’’ for ‘‘dependent’’. 1998—Pub. L. 105–390 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 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. § 10305. Discontinuation for unsatisfactory con- duct or progress The Attorney General may discontinue assist- ance under this part when the Attorney General finds that, according to the regularly prescribed standards and practices of the educational insti- tution, the recipient fails to maintain satisfac- tory progress as described in section 1091(c) of title 20. (Pub. L. 90–351, title I, § 1215, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3115.) Editorial Notes CODIFICATION Section was formerly classified to section 3796d–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10306. Special rule (a) Retroactive eligibility Notwithstanding any other provision of law, a spouse or child of a Federal law enforcement of- ficer killed in the line of duty on or after Janu- ary 1, 1978,,1 and a spouse or child of a public safety officer killed in the line of duty on or after January 1, 1978, shall be eligible for assist- ance under this part, subject to the other limi- tations of this part. (b) Retroactive assistance The Attorney General shall (unless prospec- tive assistance has been provided) provide retro- active assistance to a person eligible under this section for each month in which the person pur- sued a program of education at an eligible edu- cational institution. The Attorney General shall apply the limitations contained in this part to retroactive assistance. (c) Prospective assistance The Attorney General may provide prospec- tive assistance to a person eligible under this section on the same basis as assistance to a per- son otherwise eligible. In applying the limita- tions on assistance under this part, the Attor- ney General shall include assistance provided retroactively. A person eligible under this sec- tion may waive retroactive assistance and apply only for prospective assistance on the same basis as a person otherwise eligible. (Pub. L. 90–351, title I, § 1216, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3115; amended Pub. L. 105–390, § 2(5), Nov. 13, 1998, 112 Stat. 3496; Pub. L. 106–276, § 1(a), Oct. 2, 2000, 114 Stat. 812; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(G), (J), Jan. 2, 2013, 126 Stat. 1968; Pub. L. 117–61, § 5, Nov. 18, 2021, 135 Stat. 1479.) Editorial Notes CODIFICATION Section was formerly classified to section 3796d–5 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 ‘‘shall (unless prospective assistance has been provided)’’ for ‘‘may’’.