republic-os/legal/us/code/title-34/chapter-101/section-10302.md

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LegalText	34 U.S.C. § 10302	Basic eligibility	us	united_states_code	code_section	34	CRIME CONTROL AND LAW ENFORCEMENT	101	JUSTICE SYSTEM IMPROVEMENT	10302	34 U.S.C. § 10302	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc34@119-100.zip	/us/usc/t34/s10302	data/legal/raw/us/code/title-34/usc34.xml	88472ee03a23d6437cbab8d3ffe38929856cb046aec578cb65220eb9df4c6a2f	7528207b20373f75fea96478ab5313727f47852e5364ee8c5ea18909f66a9da3	f84f51ca196ffe166b9b8f6bc1fce9a3ba89019011ff9837acfbc9c422975a3b	2026-07-04	official	legal us-code

34 U.S.C. § 10302 - Basic eligibility

Text

(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 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 proportional period of time for a part-time program.

(c) Age limitation for children (1) In general Subject to paragraph (2), no child shall be eligible for assistance under this part after the child’s 27th birthday absent a finding by the Attorney General of extraordinary circumstances precluding the child from pursuing 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 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 disability In 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.)

Notes

Editorial Notes

Codification Section was formerly classified to section 3796d–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments2017—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), substituted “person” for “dependent” wherever appearing. Subsec. (a)(1). Pub. L. 112–239, § 1086(b)(1)(H)(i)(I), substituted “The” for “Subject to the availability of appropriations, 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 otherwise 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 before “child shall” in text. 1998—Subsec. (a)(1)(A). Pub. L. 105–390, § 2(3)(A), substituted “public safety” for “Federal law enforcement”. 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 AmendmentAmendment 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 Bureau 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 AmendmentAmendment 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 exceptions, see section 1086(d) of Pub. L. 112–239, set out as a note under section 10251 of this title.