
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3796d-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
         SUBCHAPTER XII--PUBLIC SAFETY OFFICERS' DEATH BENEFITS
 
  Part B--Educational Assistance to Dependents of Civilian Federal Law 
         Enforcement Officers Killed or Disabled in Line of Duty
 
Sec. 3796d-1. Basic eligibility


(a) Benefits

    (1) Subject to the availability of appropriations, the Attorney 
General shall provide financial assistance to a dependent who attends a 
program of education and is--
        (A) the child of any eligible public safety officer under part A 
    of this subchapter; 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 dependent 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 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 3796d-3(b) of 
    this title.

(b) Duration of benefits

    No dependent 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 dependent children

    No dependent 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.

(Pub. L. 90-351, title I, Sec. 1212, as added Pub. L. 104-238, 
Sec. 2(2), Oct. 3, 1996, 110 Stat. 3114; amended Pub. L. 105-390, 
Sec. 2(3), Nov. 13, 1998, 112 Stat. 3495.)


                               Amendments

    1998--Subsec. (a)(1)(A). Pub. L. 105-390, Sec. 2(3)(A), substituted 
``public safety'' for ``Federal law enforcement''.
    Subsec. (a)(2). Pub. L. 105-390, Sec. 2(3)(B), substituted ``Except 
as provided in paragraph (3), financial'' for ``Financial''.
    Subsec. (a)(3). Pub. L. 105-390, Sec. 2(3)(C), added par. (3).
