
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-276 Section 1(a)]
[Document affected by Public Law 106-276 Section 1(b)]
[CITE: 42USC3796d-5]

 
                 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-5. Special rule


(a) Retroactive eligibility

    Notwithstanding any other provision of law, each dependent of a 
Federal law enforcement officer killed in the line of duty on or after 
May 1, 1992, and each dependent of a public safety officer killed in the 
line of duty on or after October 1, 1997, shall be eligible for 
assistance under this part, subject to the other limitations of this 
part.

(b) Retroactive assistance

    The Attorney General may provide retroactive assistance to 
dependents eligible under this section for each month in which the 
dependent 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 
dependents eligible under this section on the same basis as assistance 
to dependents otherwise eligible. In applying the limitations on 
assistance under this part, the Attorney General shall include 
assistance provided retroactively. A dependent eligible under this 
section may waive retroactive assistance and apply only for prospective 
assistance on the same basis as dependents otherwise eligible.

(Pub. L. 90-351, title I, Sec. 1216, as added Pub. L. 104-238, 
Sec. 2(2), Oct. 3, 1996, 110 Stat. 3115; amended Pub. L. 105-390, 
Sec. 2(5), Nov. 13, 1998, 112 Stat. 3496.)


                               Amendments

    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 October 
1, 1997,'' after ``1992,''.
