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34 U.S.C. § 10306 — Special rule

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10306 — Special rule

**(a) Retroactive eligibility** Notwithstanding any other provision of law, a spouse or child of a Federal law enforcement officer killed in the line of duty on or after January 1, 1978,,11 So in original. and a spouse or child 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 shall (unless prospective assistance has been provided) provide retroactive assistance to a person eligible under this section for each month in which the person 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 a person eligible under this section on the same basis as assistance to a person otherwise eligible. In applying the limitations on assistance under this part, the Attorney General shall include assistance provided retroactively. A person eligible under this section may waive retroactive assistance and apply only for prospective assistance on the same basis as a person otherwise eligible.

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Stable record: federal_law:legal_authorities:record_usc_d6f969a6908ac35f38859674
Source file: Laws/federal/codes/united-states-code/title-34/section-10306-special-rule--b71160573b.md
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Source location: Title 34, Chapter 101, § 10306; chapter-101-justice-system-improvement.md

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10281 — Payment of death benefits

**(a) Amount; recipients** In any case in which the Bureau of Justice Assistance (hereinafter in this subchapter referred to as the “Bureau”) determines, under regulations issued pursuant to this subchapter, that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, a benefit of $250,000, adjusted in accordance with subsection (h), and calculated in accordance with subsection (i), shall be payable by the Bureau, as follows (if the payee indicated is living on the date on which the determination is made)— (1) if there is no child who survived the public safety officer, to the surviving spouse of the public safety officer; (2) if there is at least 1 child who survived the public safety officer and a surviving spouse of the public safety officer, 50 percent to the surviving child (or children, in equal shares) and 50 percent to the surviving spouse; (3) if there is no surviving spouse of the public safety officer, to the surviving child (or children, in equal shares); (4) if there is no surviving spouse of the public safety officer and no surviving child— (A) to the surviving individual (or individuals, in shares per the designation, or, otherwise, in equal shares) designated by the public safety officer to receive benefits under this subsection in the most recently executed designation of beneficiary of the public safety officer on file at the time of death with the public safety agency, organization, or unit; or (B) if there is no individual qualifying under subparagraph (A), to the surviving individual (or individuals, in equal shares) designated by the public safety officer to receive benefits under the most recently executed life insurance policy of the public safety officer on file at the tim

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10251 — General provisions

**(a) Definitions** As used in this chapter— (1) “criminal justice” means activities pertaining to crime prevention, control, or reduction, or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including juveniles, activities of courts having criminal jurisdiction, and related agencies (including but not limited to prosecutorial and defender services, juvenile delinquency agencies and pretrial service or release agencies), activities of corrections, probation, or parole authorities and related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the prevention, control, or reduction of narcotic addiction and juvenile delinquency; (2) “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands: Provided, That for the purposes of [section 10156(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10156/a&num=0&edition=prelim), American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as one state 11 So in original. Probably should be capitalized. and that for these purposes 67 per centum of the amounts allocated shall be allocated to American Samoa, and 33 per centum to the Commonwealth of the Northern Mariana Islands.22 So in original. The period probably should be a semicolon. (3) “unit of local government” means— (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (B) any law enforcement district or judicial enforcement district that— (i) is esta

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3796d–5 — Transferred

### Statutory Notes #### Codification Section 3796d–3 was editorially reclassified as [section 10304 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10304&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3796d–7 — Transferred

### Statutory Notes #### Codification Section 3796d–5 was editorially reclassified as [section 10306 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10306&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10306 — Special rule

Page 101 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10306 1 So in original. (c) Notification The Attorney General shall notify a person ap- plying for assistance under this part of approval or disapproval of the application in writing. (Pub. L. 90–351, title I, § 1213, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3115; amended Pub. L. 112–239, div. A, title X, § 1086(b)(1)(G), (I), Jan. 2, 2013, 126 Stat. 1968.) Editorial Notes CODIFICATION Section was formerly classified to section 3796d–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2013—Subsec. (b). Pub. L. 112–239 substituted ‘‘person’’ for ‘‘dependent’’ in pars. (1) and (4) and ‘‘person’s’’ for ‘‘dependent’s’’ in pars. (2) and (3). Subsec. (c). Pub. L. 112–239, § 1086(b)(1)(G), substituted ‘‘person’’ for ‘‘dependent’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 112–239 effective Jan. 2, 2013, and applicable to matters pending on Jan. 2, 2013, or filed or accruing after that date, with certain excep- tions, see section 1086(d) of Pub. L. 112–239, set out as a note under section 10251 of this title. § 10304. Regulations (a) In general The Attorney General may promulgate rea- sonable and necessary regulations to implement this part. (b) Sliding scale Notwithstanding section 10303(b) of this title, the Attorney General shall issue regulations re- garding the use of a sliding scale based on finan- cial need to ensure that an eligible person who is in financial need receives priority in receiving funds under this part. (Pub. L. 90–351, title I, § 1214, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3115; amended Pub. L. 105–390, § 2

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