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(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’’. Page 102 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10307 2013—Subsec. (a). Pub. L. 112–239, § 1086(b)(1)(J)(i), sub- stituted ‘‘a spouse or child’’ for ‘‘each dependent’’ in two places. Subsec. (b). Pub. L. 112–239, § 1086(b)(1)(G), (J)(ii), sub- stituted ‘‘to a person’’ for ‘‘to dependents’’ and ‘‘the person’’ for ‘‘the dependent’’. Subsec. (c). Pub. L. 112–239, § 1086(b)(1)(G), (J)(ii), sub- stituted ‘‘A person’’ for ‘‘A dependent’’ and substituted ‘‘a person’’ for ‘‘dependents’’ wherever appearing. 2000—Subsec. (a). Pub. L. 106–276 substituted ‘‘Janu- ary 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,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–61 effective Nov. 18, 2021, and applicable to any matter pending, before the Bu- reau or otherwise, on Nov. 18, 2021, or filed (consistent with pre-existing effective dates) or accruing after that date, see section 8(a) and (b)(2) of Pub. L. 117–61, set out in a note under section 10281 of this title. 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. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–276, § 1(b), Oct. 2, 2000, 114 Stat. 812, pro- vided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect October 1, 1999.’’ § 10307. Definitions For purposes of this part: (1) The term ‘‘Attorney General’’ means the Attorney General of the United States. (2) The term ‘‘program of education’’ means any curriculum or any combination of unit courses or subjects pursued at an eligible edu- cational institution, which generally is ac- cepted as necessary to fulfill requirements for the attainment of a predetermined and identi- fied educational, professional, or vocational objective. It includes course work for the at- tainment of more than one objective if in addi- tion to the previous requirements, all the ob- jectives generally are recognized as reasonably related to a single career field. (3) The term ‘‘eligible educational institu- tion’’ means an institution which— (A) is an institution of higher education, as defined in section 102 of the Higher Edu- cation Act of 1965 (20 U.S.C. 1002); and (B) is eligible to participate in programs under title IV of such Act [20 U.S.C. 1070 et seq.]. (Pub. L. 90–351, title I, § 1217, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3116; amended Pub. L. 105–390, § 2(6), Nov. 13, 1998, 112 Stat. 3496; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(K), Jan. 2, 2013, 126 Stat. 1968.) Editorial Notes REFERENCES IN TEXT The Higher Education Act of 1965, referred to in par. (3)(B), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. CODIFICATION Section was formerly classified to section 3796d–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2013—Par. (3)(A). Pub. L. 112–239 substituted ‘‘an in- stitution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and’’ for ‘‘described in section 481 of the Higher Edu- cation Act of 1965 (20 U.S.C. 1088), as in effect on Octo- ber 3, 1996; and’’. 1998—Pars. (2) to (4). Pub. L. 105–390 redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: ‘‘The term ‘Federal law enforcement officer’ has the same mean- ing as under part A of this subchapter.’’ 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. § 10308. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be nec- essary. (Pub. L. 90–351, title I, § 1218, as added Pub. L. 104–238, § 2(2), Oct. 3, 1996, 110 Stat. 3117.) Editorial Notes CODIFICATION Section was formerly classified to section 3796d–7 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER XII—REGIONAL INFORMATION SHARING SYSTEMS § 10321. Regional information sharing systems grants (a) Authority of Director The Director of the Bureau of Justice Assist- ance is authorized to make grants and enter into contracts with State, tribal, and local criminal justice agencies and nonprofit organizations for the purposes of identifying, targeting, and re- moving criminal conspiracies and activities and terrorist conspiracies and activities spanning ju- risdictional boundaries. (b) Purposes Grants and contracts awarded under this sub- chapter shall be made for— (1) maintaining and operating regional infor- mation sharing systems that are responsive to the needs of participating enforcement agen- cies in addressing multijurisdictional offenses and conspiracies, and that are capable of pro- viding controlling input, dissemination, rapid retrieval, and systematized updating of infor- mation to authorized agencies;