US Code

Public Law 119-73 (01/23/2026)

34 U.S.C. § 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)
section 3532 of title 38 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 .
(3)
section 10304(b) of this title The financial assistance referred to in paragraph (2) shall be reduced by the amount, if any, determined under .
(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, § 1212Pub. L. 104–238, § 2(2)110 Stat. 3114Pub. L. 105–390, § 2(3)112 Stat. 3495Pub. L. 112–239, div. A, title X, § 1086(b)(1)(G)126 Stat. 1968Pub. L. 115–36, § 3131 Stat. 851(, as added , , ; amended , , ; , (H), , ; , , .)

Editorial Notes

Codification

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

Amendments

Pub. L. 115–362017—Subsec. (c). designated existing provisions as par. (1) and inserted heading, substituted “Subject to paragraph (2), no child” for “No child”, and added par. (2).

Pub. L. 112–239, § 1086(b)(1)(G)2013—Subsec. (a). , substituted “person” for “dependent” wherever appearing.

Pub. L. 112–239, § 1086(b)(1)(H)(i)(I)Subsec. (a)(1). , substituted “The” for “Subject to the availability of appropriations, the” in introductory provisions.

Pub. L. 112–239, § 1086(b)(1)(H)(i)(II)Subsec. (a)(3). , 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”.

Pub. L. 112–239, § 1086(b)(1)(G)Subsec. (b). , substituted “person” for “dependent”.

Pub. L. 112–239, § 1086(b)(1)(H)(ii)Subsec. (c). , struck out “dependent” before “children” in heading and before “child shall” in text.

Pub. L. 105–390, § 2(3)(A)1998—Subsec. (a)(1)(A). , substituted “public safety” for “Federal law enforcement”.

Pub. L. 105–390, § 2(3)(B)Subsec. (a)(2). , substituted “Except as provided in paragraph (3), financial” for “Financial”.

Pub. L. 105–390, § 2(3)(C)Subsec. (a)(3). , added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–36section 6 of Pub. L. 115–36section 10282 of this titleAmendment by effective , 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 , set out as a note under .

Effective Date of 2013 Amendment

Pub. L. 112–239section 1086(d) of Pub. L. 112–239section 10251 of this titleAmendment by effective , and applicable to matters pending on , or filed or accruing after that date, with certain exceptions, see , set out as a note under .