§ 10302. Basic eligibility

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Omnibus Crime Control and Safe Streets Act of 1968

   Pub. L. 90–351 title I § 1212 · 82 Stat. 197

   Enacted · 34 U.S.C. § 10302

   Pub. L. 90–351, title I, § 1212, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3114

   Source evidence

   Code source credit
   Pub. L. 90–351, title I, § 1212, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3114

2. 1998

   Police, Fire, and Emergency Officers Educational Assistance Act of 1998

   Pub. L. 105–390 § 2(3)(A) · 112 Stat. 3495

   Substituted · 34 U.S.C. § 10302(a)(1)(A)

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

   Source evidence

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

   Enacted provision · exact public law section
   (A) in paragraph (1)(A), by striking “Federal law enforcement” and inserting “public safety”;

3. 1998

   Police, Fire, and Emergency Officers Educational Assistance Act of 1998

   Pub. L. 105–390 § 2(3)(B) · 112 Stat. 3495

   Substituted · 34 U.S.C. § 10302(a)(2)

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

   Source evidence

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

   Enacted provision · exact public law section
   (B) in paragraph (2), by striking “Financial” and inserting the following: “Except as provided in paragraph (3), financial”; and

4. 1998

   Police, Fire, and Emergency Officers Educational Assistance Act of 1998

   Pub. L. 105–390 § 2(3)(C) · 112 Stat. 3495

   Added · 34 U.S.C. § 10302(a)(3)

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

   Source evidence

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

   Enacted provision · exact public law section
   (C) by adding at the end the following: “(3) The financial assistance referred to in paragraph (2) shall be 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, if any, determined under section 1214(b).”;

5. 2013

   Dale Long Public Safety Officers’ Benefits Improvements Act of 2012

   Pub. L. 112–239 § 1086(b)(1)(G) · 126 Stat. 1632

   Substituted · 34 U.S.C. § 10302(a)

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

   Source evidence

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

   Enacted provision · exact public law section
   (G) in each of subsections (a) and (b) of section 1212 (42 U.S.C. 3796d–1), sections 1213 and 1214 (42 U.S.C. 3796d–2 and 3796d–3), and subsections (b) and (c) of section 1216 (42 U.S.C. 3796d–5), by striking “dependent” each place it appears and inserting “person”;

6. 2013

   Dale Long Public Safety Officers’ Benefits Improvements Act of 2012

   Pub. L. 112–239 § 1086(b)(1)(H)(i)(I) · 126 Stat. 1632

   Substituted · 34 U.S.C. § 10302(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (I) in paragraph (1), in the matter preceding subparagraph (A), by striking “Subject” and all that follows through “, the” and inserting “The”; and

7. 2013

   Dale Long Public Safety Officers’ Benefits Improvements Act of 2012

   Pub. L. 112–239 § 1086(b)(1)(H)(i)(II) · 126 Stat. 1632

   Substituted · 34 U.S.C. § 10302(a)(3)

   Pub. L. 112–239, § 1086(b)(1)(H)(i)(II), substituted “reduced by the amount” for “reduced by the sum of—

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (II) in paragraph (3), by striking “reduced by” and all that follows through “(B) the amount” and inserting “reduced by the amount”;

8. 2013

   Dale Long Public Safety Officers’ Benefits Improvements Act of 2012

   Pub. L. 112–239 § 1086(b)(1)(G) · 126 Stat. 1632

   Substituted · 34 U.S.C. § 10302(b)

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

   Source evidence

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

   Enacted provision · exact public law section
   (G) in each of subsections (a) and (b) of section 1212 (42 U.S.C. 3796d–1), sections 1213 and 1214 (42 U.S.C. 3796d–2 and 3796d–3), and subsections (b) and (c) of section 1216 (42 U.S.C. 3796d–5), by striking “dependent” each place it appears and inserting “person”;

9. 2013

   Dale Long Public Safety Officers’ Benefits Improvements Act of 2012

   Pub. L. 112–239 § 1086(b)(1)(H)(ii) · 126 Stat. 1632

   Struck · 34 U.S.C. § 10302(c)

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

   Source evidence

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

   Enacted provision · exact public law section
   (ii) in subsection (c)— (I) in the subsection heading, by striking “Dependent”; and (II) by striking “dependent”;

10. 2017

    Public Safety Officers’ Benefits Improvement Act of 2017

    Pub. L. 115–36 § 3 · 131 Stat. 849

    1. Amended · 34 U.S.C. § 10302(c)

       Pub. L. 115–36 designated existing provisions as par. (1)

    2. Inserted · 34 U.S.C. § 10302(c)

       Pub. L. 115–36 inserted heading

    3. Substituted · 34 U.S.C. § 10302(c)

       Pub. L. 115–36 substituted “Subject to paragraph (2), no child” for “No child”

    4. Added · 34 U.S.C. § 10302(c)

       Pub. L. 115–36 added par. (2)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    SEC. 3. AGE LIMITATION FOR CHILDREN.   Section 1212(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d–1(c)) is amended— (1) by striking “No child” and inserting the following: “(1) In general.— Subject to paragraph (2), no child” ; and (2) by adding at the end the following: “(2) Delayed approvals.— “(A) Educational assistance application.— If a claim for assistance under this subpart 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 subpart that relates to a claim for benefits under subpart 1 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.” .

    Effective date note
    Amendment 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.

12 of 13 references resolved to an enrolled provision · 1 partial