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Title 34 — NavyRelease 119-73

§10302 Basic eligibility

Title 34 › Subtitle Subtitle I— - Comprehensive Acts › Chapter CHAPTER 101— - JUSTICE SYSTEM IMPROVEMENT › Subchapter SUBCHAPTER XI— - PUBLIC SAFETY OFFICERS’ DEATH BENEFITS › Part Part B— - Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or Disabled in Line of Duty › § 10302

Last updated Apr 6, 2026|Official source

Summary

The Attorney General must pay money to people in school who are either the child of an eligible public safety officer under part A, or the spouse of such an officer if they were married when the officer died or suffered a totally and permanently disabling injury. Payments go straight to the eligible person and the amount is worked out under 38 U.S.C. 3532, but the payment can be cut by any amount set in 10304(b). Help is limited to 45 months of full‑time schooling (less time for part‑time). A child stops being eligible after their 27th birthday unless the Attorney General finds special circumstances. If an application or a related part A claim is approved more than 1 year after it was filed, the child’s age limit is extended by the length of that approval delay.

Full Legal Text

Title 34, §10302

Navy — Source: USLM XML via OLRC

(a)(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)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)(1)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)(A)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)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.

Legislative History

Notes & Related Subsidiaries

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.

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), 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.

Reference

Citations & Metadata

Citation

34 U.S.C. § 10302

Title 34 — Navy

Last Updated

Apr 6, 2026

Release point: 119-73