34 U.S.C. § 10304 — Regulations

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(4), Nov. 13, 1998, 112 Stat. 3495; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(G), Jan. 2, 2013, 126 Stat. 1968.) Editorial Notes CODIFICATION Section was formerly classified to section 3796d–3 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’’. 1998—Pub. L. 105–390 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 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. § 10305. Discontinuation for unsatisfactory con- duct or progress The Attorney General may discontinue assist- ance under this part when the Attorney General finds that, according to the regularly prescribed standards and practices of the educational insti- tution, the recipient fails to maintain satisfac- tory progress as described in section 1091(c) of title 20. (Pub. L. 90–351, title I, § 1215, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3115.) Editorial Notes CODIFICATION Section was formerly classified to section 3796d–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10306. Special rule (a) Retroactive eligibility Notwithstanding any other provision of law, a spouse or child of a Federal law enforcement of- ficer killed in the line of duty on or after Janu- ary 1, 1978,,1 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 assist- ance under this part, subject to the other limi- tations of this part. (b) Retroactive assistance The Attorney General shall (unless prospec- tive assistance has been provided) provide retro- active assistance to a person eligible under this section for each month in which the person pur- sued a program of education at an eligible edu- cational institution. The Attorney General shall apply the limitations contained in this part to retroactive assistance. (c) Prospective assistance The Attorney General may provide prospec- tive assistance to a person eligible under this section on the same basis as assistance to a per- son otherwise eligible. In applying the limita- tions on assistance under this part, the Attor- ney General shall include assistance provided retroactively. A person eligible under this sec- tion may waive retroactive assistance and apply only for prospective assistance on the same basis as a person 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; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(G), (J), Jan. 2, 2013, 126 Stat. 1968; Pub. L. 117–61, § 5, Nov. 18, 2021, 135 Stat. 1479.) Editorial Notes CODIFICATION Section was formerly classified to section 3796d–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2021—Subsec. (b). Pub. L. 117–61 substituted ‘‘shall (unless prospective assistance has been provided)’’ for ‘‘may’’.