Federal Law Enforcement Dependents Assistance Act of 1996
PL 104-238 (S.2101), enacted 10/03/1996

110 STAT. 3114 
PUBLIC LAW 104-238—OCT. 3, 1996 
Public Law 104-238 
104th Congress 
An Act 
Oct. 3, 1996 
[S. 2101] 
Federal Law 
Enforcement 
Dependents 
Assistance Act of 
1996. 
42 u s e 3711 
note. 
To provide educational assistance to the dependents of Federal law enforcement 
officials who are killed or disabled in the performance of their duties. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Federal Law Enforcement 
Dependents Assistance Act of 1996". 
SEC. 2. EDUCATIONAL ASSISTANCE TO DEPENDENTS OF SLAIN FED-
ERAL LAW ENFORCEMENT OFFICERS. 
Part L of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796 et seq.) is amended by— 
(1) inserting after the heading the following: 
"Subpart 1—Death Benefits"; 
and 
42 u s e 3796d. 
(2) adding at the end the following: 
"Subpart 2—Educational Assistance to Depend-
ents of Civilian Federal Law Enforcement Offi-
cers Killed or Disabled in the Line of Duty 
"SEC. 1211. PURPOSES. 
"The purposes of this subpart are— 
"(1) to enhance the appeal of service in civilian Federal 
law enforcement agencies; 
"(2) to extend the benefits of higher education to qualified 
and deserving persons who, by virtue of the death of or total 
disability of an eligible officer, may not be able to afford it 
otherwise; and 
"(3) to allow the family members of eligible officers to 
attain the vocational and educational status which they would 
have attained had a parent or spouse not been killed or disabled 
in the line of duty. 
42 u s e 3796d-l. 
"SEC. 1212. BASIC ELIGIBILITY. 
"(a) BENEFITS.—(1) Subject to the availability of appropriations, 
the Attorney General shall provide financial assistance to a depend-
ent who attends a program of education and is— 
"(A) the child of any eligible Federal law enforcement officer 
under subpart 1; or 
PUBLIC LAW 104-238—OCT. 3, 1996 
110 STAT. 3115 
"(B) the spouse of an officer described in subparagraph 
(A) at the time of the officer's death or on the date of a 
toteilly £ind permanently disabling injury. 
"(2) Financial assistance imder this subpart shall consist of 
direct pajrments to an eUgible dependent and shall be computed 
on the basis set forth in section 3532 of title 38, United States 
Code. 
"(b) DURATION OF BENEFITS.—No dependent shall receive assist-
ance under this subpart for a period in excess of forty-five months 
of full-time education or training or a proportional period of time 
for a pgirt-time program. 
"(c) AGE LIMITATION FOR DEPENDENT CHILDREN.—NO depend-
ent child shall be eligible for assistance under this subpart after 
the child's 27th birthday absent a finding by the Attorney General 
of extraordinary circumstances precluding the child fi:om pursuing 
a program of education. 
«SEC. 1213. APPLICATIONS; APPROVAL. 
42 USC 3796d-2. 
"(a) APPLICATION.—^A person seeking assistance \uider this sub-
part shall submit an application to the Attorney General in such 
form and containing such information as the Attorney General 
reasonably may require. 
"(b) APPROVAL.—^The Attorney General shall approve an 
application for assistance under tlus subpart unless the Attorney 
General finds that— 
"(1) tiie dependent is not eUgible for, is no longer ehgible 
for, or is not entitled to the assistance for which application 
is made; 
"(2) the dependent's selected educational institution fails 
to meet a requirement under this subpart for eligibility; 
"(3) the dependent's enrollment in or pursuit of the edu-
cational program selected would fail to meet the criteria estab-
Ushed in this subpart for programs; or 
"(4) the dependent already is quaUfied by previous edu-
cation or training for the educational, professional, or vocational 
objective for which the educational program is offered. 
"(c) NOTIFICATION.—The Attorney General shall notify 
a 
dependent applying for assistance imder this subpart of approval 
or disapproval of the application in writing. 
"SEC 1214. REGULATIONS. 
42 USC 3796d-3. 
The Attorney General may promulgate reasonable and nec-
essary regulations to implement this subpart. 
"SEC. 1216. DISCONTINUATION FOR UNSATISFACTORY CONDUCT OR 42 USC 3796d-4. 
PROGRESS. 
"The Attorney General may discontinue assistance under this 
subpart when the Attorney General finds that, according to the 
regularly prescribed standards and practices of the educational 
institution, the recipient fails to maintaiu satisfactory progress 
as described in section 484(c) of the Higher Education Act of 1965 
(20 U.S.C. 1091(c)). 
«SEC. 1216. SPECIAL RULE. 
42 USC 3796d-5. 
"(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, shall 
110 STAT. 3116 
PUBLIC LAW 104-238—OCT. 3, 1996 
be eligible for assistance under this subpart, subject to the other 
limitations of this subpart. 
"(b) RETROACTIVE ASSISTANCE.—The Attorney General may pro-
vide retroactive assistance to dependents eligible under this section 
for each month in which the dependent pursued a program of 
Applicability. 
education at £in eligible educational institution. The Attorney Gen-
eral shall apply the limitations contained in this subpsirt to retro-
active assistance. 
"(c) PROSPECTIVE ASSISTANCE.—The Attorney General may pro-
vide prospective assistance to dependents eligible under this section 
on the same basis as assistance to dependents otherwise eligible. 
In applying the limitations on assistance imder this subpart, the 
Attorney GenereJ shall include assistance provided retroactively. 
A dependent eligible under this section may waive retroactive assist-
ance and apply only for prospective assistance on the same basis 
as dependents otherwise eligible. 
42 use 3796d-6. 
«SEC. 1217. DEFDWTIONS. 
"For purposes of this subpart: 
"(1) The term 'Attorney General' means the Attorney Gen-
eral of the United States. 
"(2) The term 'Federal law enforcement officer' has the 
same meaning as under subpart 1. 
"(3) The term 'program of education' means any curriculum 
or any combination of unit courses or subjects pursued at 
an eligible educational institution, which generally is accepted 
as necessary to fulfill requirements for the attednment of a 
predetermined and identified educational, professional, or voca-
tional objective. It includes course work for the attainment 
of more than one objective if in addition to the previous require-
ments, all the objectives generally are recognized as reasonably 
related to a single career field. 
"(4) The term 'eligible educational institution' means an 
institution which— 
"(A) is described in section 481 of the Higher Education 
Act of 1965 (20 U.S.C. 1088), as in effect on the date 
of the enactment of this section; and 
"(B) is eUgible to participate in programs under title 
IVof such Act. 
PUBLIC LAW 104-238—OCT. 3, 1996 
110 STAT. 3117 
•«EC. 1218. AUTHORIZATION OF APPROPRIATIONS. 
42 USC 3796d-7. 
'There are authorized to be appropriated to carry out this 
subpart such sums as may be necessary.". 
Approved October 3, 1996. 
LEGISLATIVE HISTORY-^. 2101: 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Sept. 20, considered and passed Senate. 
Sept. 26, considered and passed House.