34 U.S.C. § 10302 — Basic eligibility

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— 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.