§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 January 1, 1978,,¹ and each dependent of a public safety officer killed in the line of duty on or after January 1, 1978, 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, §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 .)

Amendments

2000-Subsec. (a). Pub. L. 106–276 substituted "January 1, 1978," for "May 1, 1992" and "January 1, 1978, shall" for "October 1, 1997, 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 October 1, 1997," after "1992,".

Effective Date of 2000 Amendment

Pub. L. 106–276, §1(b), Oct. 2, 2000, 114 Stat. 812 , provided that: "The amendments made by subsection (a) [amending this section] shall take effect October 1, 1999."

¹ So in original.