2017 US Code
Title 34 - Crime Control and Law Enforcement
Subtitle I - Comprehensive Acts
Chapter 101 - Justice System Improvement
Subchapter XI - Public Safety Officers' Death Benefits
Part B - Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or Disabled in Line of Duty
Sec. 10302 - Basic eligibility
| 34 U.S.C. § 10302 (2017) |
| §10302. Basic eligibility |
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(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 benefitsNo 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 generalSubject 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. 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. 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. |
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(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.) |
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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). 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. |
| United States Code, 2012 Edition, Supplement 5, Title 34 - CRIME CONTROL AND LAW ENFORCEMENT |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 34 - CRIME CONTROL AND LAW ENFORCEMENT Subtitle I - Comprehensive Acts CHAPTER 101 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XI - PUBLIC SAFETY OFFICERS' DEATH BENEFITS Part B - Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or Disabled in Line of Duty Sec. 10302 - Basic eligibility |
| section 10302 |
| 2017 |
| January 12, 2018 |
| No |
| standard |
| 110 Stat. 3114 112 Stat. 3495 126 Stat. 1968 131 Stat. 851 |
| Public Law 90-351, Public Law 104-238, Public Law 105-390, Public Law 112-239, Public Law 115-36 |
