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34 USC § 10306 - Special rule 

---
identifier: "/us/usc/t34/s10306"
source: "usc"
legal_status: "official_prima_facie"
title: "34 USC § 10306 - Special rule"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
section_number: "10306"
section_name: "Special rule"
chapter_number: 101
chapter_name: "JUSTICE SYSTEM IMPROVEMENT"
subchapter_number: "XI"
subchapter_name: "PUBLIC SAFETY OFFICERS’ DEATH BENEFITS"
part_number: "B"
part_name: "Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or Disabled in Line of Duty"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 90–351, title I, § 1216, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3115; amended Pub. L. 105–390, § 2(5), Nov. 13, 1998, 112 Stat. 3496; Pub. L. 106–276, § 1(a), Oct. 2, 2000, 114 Stat. 812; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(G), (J), Jan. 2, 2013, 126 Stat. 1968; Pub. L. 117–61, § 5, Nov. 18, 2021, 135 Stat. 1479.)"
---

# § 10306. Special rule

**1** **Retroactive eligibility** January 1, 1978[^1]January 1, 1978

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 ,, 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.

So in original.

**(b)** **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.

**(c)** **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.

---

**Source Credit**: (Pub. L. 90–351, title I, § 1216, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3115; amended Pub. L. 105–390, § 2(5), Nov. 13, 1998, 112 Stat. 3496; Pub. L. 106–276, § 1(a), Oct. 2, 2000, 114 Stat. 812; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(G), (J), Jan. 2, 2013, 126 Stat. 1968; Pub. L. 117–61, § 5, Nov. 18, 2021, 135 Stat. 1479.)

## Editorial Notes

### Codification

Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

### Amendments

2021—Subsec. (b).  substituted “shall (unless prospective assistance has been provided)” for “may”.

2013—Subsec. (a). , substituted “a spouse or child” for “each dependent” in two places.

Subsec. (b). , (J)(ii), substituted “to a person” for “to dependents” and “the person” for “the dependent”.

Subsec. (c). , (J)(ii), substituted “A person” for “A dependent” and substituted “a person” for “dependents” wherever appearing.

2000—Subsec. (a).  substituted “,” for “” and “, shall” for “, shall”.

1998—Subsec. (a).  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  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 , set out in a note under .

### Effective Date of 2013 Amendment

Amendment 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 .

### Effective Date of 2000 Amendment

> “The amendments made by subsection (a) [amending this section] shall take effect
> 
> .”

, , , provided that: