§ 13d-2. — Enrollment and general assistance payments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC13d-2]
TITLE 25--INDIANS
CHAPTER 1--BUREAU OF INDIAN AFFAIRS
Sec. 13d-2. Enrollment and general assistance payments
(a) In general
The Secretary of the Interior shall not disqualify from continued
receipt of general assistance payments from the Bureau of Indian Affairs
an otherwise eligible Indian for whom the Bureau is making or may make
general assistance payments (or exclude such an individual from
continued consideration in determining the amount of general assistance
payments for a household) because the individual is enrolled (and is
making satisfactory progress toward completion of a program or training
that can reasonably be expected to lead to gainful employment) for at
least half-time study or training in--
(1) a college assisted by the Bureau under the Tribally
Controlled College or University Assistance Act of 1978 (92 Stat.
1325; 25 U.S.C. 1801) or the Navajo Community College Act (85 Stat.
645; 25 U.S.C. 640a);
(2) an institution of higher education or a vocational school
(as defined for purposes of any program of assistance to students
under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.]);
(3) a course the Secretary determines will lead to a high school
diploma or an equivalent certificate; or
(4) other programs or training approved by the Secretary or by
tribal education, employment or training programs.
(b) Factors not to be considered
In determining the amount of general assistance provided by the
Bureau of Indian Affairs, the Secretary of the Interior shall not
include consideration of--
(1) additional expenses in connection with the study or training
described in subsection (a) of this section, and
(2) the amount of any financial assistance received by the
individual as a student or trainee.
(c) No effect on other eligibility requirements
This section does not alter any eligibility requirement for general
assistance from the Bureau of Indian Affairs other than the requirement
to be available for employment and to seek employment.
(Pub. L. 100-297, title V, Sec. 5404, Apr. 28, 1988, 102 Stat. 416; Pub.
L. 105-244, title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L.
107-110, title X, Sec. 1045, Jan. 8, 2002, 115 Stat. 2080.)
References in Text
The Tribally Controlled College or University Assistance Act of
1978, referred to in subsec. (a)(1), is Pub. L. 95-471, Oct. 17, 1978,
92 Stat. 1325, as amended, which is classified principally to chapter 20
(Sec. 1801 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1801 of this
title and Tables.
The Navajo Community College Act, referred to in subsec. (a)(1), is
Pub. L. 92-189, Dec. 15, 1971, 85 Stat. 646, as amended, which is
classified to section 640a et seq. of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 640a of this title and Tables.
The Higher Education Act of 1965, referred to in subsec. (a)(2), is
Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is
classified principally to chapter 28 (Sec. 1001 et seq.) of Title 20,
Education. For complete classification of this Act to the Code, see
Short Title note set out under section 1001 of Title 20 and Tables.
Amendments
2002--Subsec. (a). Pub. L. 107-110, Sec. 1045(1), added subsec.
heading and introductory provisions and struck out former subsec.
heading and introductory provisions. Former introductory provisions read
as follows: ``The Secretary of the Interior shall not disqualify from
continued receipt of general assistance payments from the Bureau of
Indian Affairs an otherwise eligible Indian for whom the Bureau has been
making general assistance payments for at least 3 months (or exclude
such an individual from continued consideration in determining the
amount of general assistance payments for a household) because the
individual is enrolled (and is making satisfactory progress toward
completion of a program or training that can reasonably be expected to
lead to gainful employment) for at least half-time study or training
in--''.
Subsec. (a)(4). Pub. L. 107-110, Sec. 1045(2), added par. (4) and
struck out former par. (4) which read as follows: ``other programs or
training approved by the Secretary.''
1998--Subsec. (a)(1). Pub. L. 105-244 substituted ``Tribally
Controlled College or University Assistance Act of 1978'' for ``Tribally
Controlled Community College Assistance Act of 1978''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive programs, see
section 5 of Pub. L. 107-110, set out as an Effective Date note under
section 6301 of Title 20, Education.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244,
set out as a note under section 1001 of Title 20, Education.
Effective Date
For effective date and applicability of section, see section 6303 of
Pub. L. 100-297, set out as an Effective Date of 1988 Amendment note
under section 1071 of Title 20, Education.
