Title 34 — Crime Control and Law Enforcement
Part B · Chapter 101 — Justice System Improvement
§ 10306. Special rule
Statutory text
Retroactive eligibility
Notwithstanding any other provision of law, a spouse or child of a Federal law enforcement officer killed in the line of duty on or after ,,1 and a spouse or child of a public safety officer killed in the line of duty on or after , shall be eligible for assistance under this part, subject to the other limitations of this part.
Retroactive assistance
The Attorney General shall (unless prospective assistance has been provided) provide retroactive assistance to a person eligible under this section for each month in which the person pursued a program of education at an eligible educational institution. The Attorney General shall apply the limitations contained in this part to retroactive assistance.
Prospective assistance
The Attorney General may provide prospective assistance to a person eligible under this section on the same basis as assistance to a person otherwise eligible. In applying the limitations on assistance under this part, the Attorney General shall include assistance provided retroactively. A person eligible under this section may waive retroactive assistance and apply only for prospective assistance on the same basis as a person otherwise eligible.
Footnotes
- 1 So in original.
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.
Omnibus Crime Control and Safe Streets Act of 1968
Pub. L. 90–351 title I § 1216 · 82 Stat. 197
Enacted · 34 U.S.C. § 10306
Pub. L. 90–351, title I, § 1216, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3115
Source evidence
Code source credit
Pub. L. 90–351, title I, § 1216, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3115Police, Fire, and Emergency Officers Educational Assistance Act of 1998
Pub. L. 105–390 § 2(5) · 112 Stat. 3495
Inserted · 34 U.S.C. § 10306(a)
Pub. L. 105–390 inserted “and each dependent of a public safety officer killed in the line of duty on or after October 1, 1997,” after “1992,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–390 inserted “and each dependent of a public safety officer killed in the line of duty on or after October 1, 1997,” after “1992,”.Enacted provision · exact public law section
(5) in section 1216(a), by inserting “and each dependent 42 USC 3796d–5. of a public safety officer killed in the line of duty on or after October 1, 1997,” after “1992,”; andPub. L. 106–276 § 1(a) · 114 Stat. 812
Substituted · 34 U.S.C. § 10306(a)
Pub. L. 106–276 substituted “January 1, 1978,” for “May 1, 1992”
Substituted · 34 U.S.C. § 10306(a)
Pub. L. 106–276 substituted “January 1, 1978, shall” for “October 1, 1997, shall”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–276 substituted “January 1, 1978,” for “May 1, 1992” and “January 1, 1978, shall” for “October 1, 1997, shall”.Enacted provision · exact public law section
(a) In General.— Section 1216(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d–5(a)) is amended— (1) by striking “May 1, 1992”, and inserting “January 1, 1978,” ; and (2) by striking “October 1, 1997,” and inserting “January 1, 1978”.Dale Long Public Safety Officers’ Benefits Improvements Act of 2012
Pub. L. 112–239 § 1086(b)(1)(J)(i) · 126 Stat. 1632
Substituted · 34 U.S.C. § 10306(a)
Pub. L. 112–239, § 1086(b)(1)(J)(i), substituted “a spouse or child” for “each dependent” in two places
Source evidence
Code amendment note
Subsec. (a). Pub. L. 112–239, § 1086(b)(1)(J)(i), substituted “a spouse or child” for “each dependent” in two places.Enacted provision · exact public law section
(i) in subsection (a), by striking “each dependent” each place it appears and inserting “a spouse or child”; andDale 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. § 10306(b)
Pub. L. 112–239, § 1086(b)(1)(G), (J)(ii), substituted “to a person” for “to dependents”
Substituted · 34 U.S.C. § 10306(b)
Pub. L. 112–239, § 1086(b)(1)(G), (J)(ii), substituted “the person” for “the dependent”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 112–239, § 1086(b)(1)(G), (J)(ii), substituted “to a person” for “to dependents” and “the person” for “the 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”;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. § 10306(c)
Pub. L. 112–239, § 1086(b)(1)(G), (J)(ii), substituted “A person” for “A dependent”
Substituted · 34 U.S.C. § 10306(c)
Pub. L. 112–239, § 1086(b)(1)(G), (J)(ii), substituted “a person” for “dependents” wherever appearing
Source evidence
Code amendment note
Subsec. (c). Pub. L. 112–239, § 1086(b)(1)(G), (J)(ii), substituted “A person” for “A dependent” and substituted “a person” for “dependents” 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”;Protecting America’s First Responders Act of 2021
Pub. L. 117–61 § 5 · 135 Stat. 1474
Substituted · 34 U.S.C. § 10306(b)
Pub. L. 117–61 substituted “shall (unless prospective assistance has been provided)” for “may”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 117–61 substituted “shall (unless prospective assistance has been provided)” for “may”.Enacted provision · exact public law section
SEC. 5. EDUCATIONAL ASSISTANCE TO DEPENDENTS OF CERTAIN PUBLIC SAFETY OFFICERS. Section 1216(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10306(b)) is amended, in the first sentence, by striking “may” and inserting “shall (unless prospective assistance has been provided)”.Effective date note
Amendment by Pub. L. 117–61 effective Nov. 18, 2021, and applicable to any matter pending, before the Bureau or otherwise, on Nov. 18, 2021, or filed (consistent with pre-existing effective dates) or accruing after that date, see section 8(a) and (b)(2) of Pub. L. 117–61, set out in a note under section 10281 of this title.
9 of 10 references resolved to an enrolled provision · 1 partial
Editorial Notes
Codification
Section was formerly classified to section 3796d–5 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments1998–2021 · 4 rounds
2021
Subsec. (b). Pub. L. 117–61 substituted “shall (unless prospective assistance has been provided)” for “may”.
2013
Subsec. (a). Pub. L. 112–239, § 1086(b)(1)(J)(i), substituted “a spouse or child” for “each dependent” in two places.
Subsec. (b). Pub. L. 112–239, § 1086(b)(1)(G), (J)(ii), substituted “to a person” for “to dependents” and “the person” for “the dependent”.
Subsec. (c). Pub. L. 112–239, § 1086(b)(1)(G), (J)(ii), substituted “A person” for “A dependent” and substituted “a person” for “dependents” wherever appearing.
2000
Subsec. (a). Pub. L. 106–276 substituted “,” for “” and “, shall” for “, shall”.
1998
Subsec. (a). Pub. L. 105–390 inserted “and each dependent of a public safety officer killed in the line of duty on or after ,” after “1992,”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–61 effective , and applicable to any matter pending, before the Bureau or otherwise, on , or filed (consistent with pre-existing effective dates) or accruing after that date, see section 8(a) and (b)(2) of Pub. L. 117–61, set out in a note under section 10281 of this title.
Effective Date of 2013 Amendment
Amendment by Pub. L. 112–239 effective , and applicable to matters pending on , 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.
Effective Date of 2000 Amendment
Pub. L. 106–276, § 1(b), , 114 Stat. 812, provided that: “The amendments made by subsection (a) [amending this section] shall take effect .”
Credits
1996–2021 · 5 acts
- 1996Pub. L. 90–351, title I, § 1216, as added Pub. L. 104–238, § 2(2), , 110 Stat. 3115
- 1998amended Pub. L. 105–390, § 2(5), , 112 Stat. 3496
- 2000Pub. L. 106–276, § 1(a), , 114 Stat. 812
- 2013Pub. L. 112–239, div. A, title X, § 1086(b)(1)(G), (J), , 126 Stat. 1968
- 2021Pub. L. 117–61, § 5, , 135 Stat. 1479.
Show as published
(Pub. L. 90–351, title I, § 1216, as added Pub. L. 104–238, § 2(2), , 110 Stat. 3115; amended Pub. L. 105–390, § 2(5), , 112 Stat. 3496; Pub. L. 106–276, § 1(a), , 114 Stat. 812; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(G), (J), , 126 Stat. 1968; Pub. L. 117–61, § 5, , 135 Stat. 1479.)