2011 US Code
Title 42 - The Public Health and Welfare
Chapter 46 - JUSTICE SYSTEM IMPROVEMENT (§§ 3701 - 3797ee-1)
Subchapter XII - PUBLIC SAFETY OFFICERS’ DEATH BENEFITS (§§ 3796 - 3796d-7)
Part B - Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or... (§§ 3796d - 3796d-7)
Section 3796d-1 - Basic eligibility
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 5, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | 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 |
| Contains | section 3796d-1 |
| Date | 2011 |
| Laws in Effect as of Date | January 3, 2012 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 90-351, title I, §1212, as added Pub. L. 104-238, §2(2), Oct. 3, 1996, 110 Stat. 3114; amended Pub. L. 105-390, §2(3), Nov. 13, 1998, 112 Stat. 3495. |
| Statutes at Large References | 110 Stat. 3114 112 Stat. 3495 |
| Public Law References | Public Law 90-351, Public Law 104-238, Public Law 105-390 |
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(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 benefitsNo 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 childrenNo 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, §1212, as added Pub. L. 104–238, §2(2), Oct. 3, 1996, 110 Stat. 3114; amended Pub. L. 105–390, §2(3), Nov. 13, 1998, 112 Stat. 3495.)
Amendments1998—Subsec. (a)(1)(A). Pub. L. 105–390, §2(3)(A), substituted “public safety” for “Federal law enforcement”.
Subsec. (a)(2). Pub. L. 105–390, §2(3)(B), substituted “Except as provided in paragraph (3), financial” for “Financial”.
Subsec. (a)(3). Pub. L. 105–390, §2(3)(C), added par. (3).
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