1. U.S. Code
  2. title 34
  3. subtitle 2
  4. chapter 101
  5. subchapter XI
  6. part B
  7. § 10304

Collapse to view only § 10304. Regulations

§ 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 virtue of the death of or total disability of an eligible officer, may not be able to afford it otherwise; and
(3) to allow the family members of eligible officers to attain the vocational and educational status which they would have attained 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.)

CITE AS: 34 USC 10301

§ 10302. Basic eligibility
(a) Benefits
(1) The Attorney General shall provide financial assistance to a person who attends a program of education and is—
(A) the child of any eligible public safety officer under part A; or
(B) the spouse of an officer described in subparagraph (A) at the time of the officer’s death or on the date of a totally and permanently disabling injury.
(2) Except as provided in paragraph (3), financial 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 paragraph (2) shall be reduced by the amount, if any, determined under section 10304(b) of this title.
(b) Duration of benefits
(c) Age limitation for children
(1) In general
(2) Delayed approvals
(A) Educational assistance applicationIf 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 limitation under this subsection 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 application is filed; and
(ii) ending on the date on which the application is approved.
(B) Claim for benefits for death or permanent and total disabilityIn addition to an extension under subparagraph (A), if any, for an application for assistance under this part that relates to a claim for benefits under part A that was approved more than 1 year after the date on which the claim was filed with the Attorney General, the age limitation under this subsection 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.)

CITE AS: 34 USC 10302

§ 10303. Applications; approval
(a) Application
(b) Approval
The Attorney General shall approve an application 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 institution 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 previous education or training for the educational, professional, or vocational objective for which the educational program is offered.
(c) Notification
(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.)

CITE AS: 34 USC 10303

§ 10304. Regulations
(a) In general
(b) Sliding scale
(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.)

CITE AS: 34 USC 10304

§ 10305. Discontinuation for unsatisfactory conduct or progress

The Attorney General may discontinue assistance under this part when the Attorney General finds that, according to the regularly prescribed standards and practices of the educational institution, the recipient fails to maintain satisfactory 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.)

CITE AS: 34 USC 10305

§ 10306. Special rule
(a) Retroactive eligibility
(b) Retroactive assistance
(c) Prospective assistance
(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.)

CITE AS: 34 USC 10306

§ 10307. DefinitionsFor purposes of this part:
(1) The term “Attorney General” means the Attorney General of the United States.
(2) The term “program of education” means any curriculum or any combination of unit courses or subjects pursued at an eligible educational institution, which generally is accepted as necessary to fulfill requirements for the attainment of a predetermined and identified educational, professional, or vocational objective. It includes course work for the attainment of more than one objective if in addition to the previous requirements, all the objectives generally are recognized as reasonably related to a single career field.
(3) The term “eligible educational institution” means an institution which—
(A) is an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and
(B) is eligible to participate in programs under title IV of such Act [20 U.S.C. 1070 et seq.].
(Pub. L. 90–351, title I, § 1217, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3116; amended Pub. L. 105–390, § 2(6), Nov. 13, 1998, 112 Stat. 3496; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(K), Jan. 2, 2013, 126 Stat. 1968.)

CITE AS: 34 USC 10307

§ 10308. Authorization of appropriations

There are authorized to be appropriated to carry out this part such sums as may be necessary.

(Pub. L. 90–351, title I, § 1218, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3117.)

CITE AS: 34 USC 10308