USC Chapter 501

in effect

34 U.S.C. § 50101 Application for assistance

(a) State as applicantIn the event that a law enforcement emergency exists throughout a State or a part of a State, a State (on behalf of itself or another appropriate unit of government) may submit an application under this section for Federal law enforcement assistance. (b) Execution of application; period for action of Attorney General on applicationAn application for assistance under this section shall be submitted in writing by the chief executive officer of a State to the Attorney General, in a form prescribed by rules issued by the Attorney General. The Attorney General shall, after consultation with the Assistant Attorney General for the Office of Justice Programs and appropriate members of the Federal law enforcement community, approve or disapprove such application not later than 10 days after receiving such application. (c) CriteriaFederal law enforcement assistance may be provided if such assistance is necessary to provide an adequate response to a law enforcement emergency. In determining whether to approve or disapprove an application for assistance under this section, the Attorney General shall consider—(1) the nature and extent of such emergency throughout a State or in any part of a State, (2) the situation or extraordinary circumstances which produced such emergency, (3) the availability of State and local criminal justice resources to resolve the problem, (4) the cost associated with the increased Federal presence, (5) the need to avoid unnecessary Federal involvement and intervention in matters primarily of State and local concern, and (6) any assistance which the State or other appropriate unit of government has received, or could receive, under any provision of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10101 et seq.].

34 U.S.C. § 50102 Definitions

For purposes of this chapter— (1) the term “Federal law enforcement assistance” means funds, equipment, training, intelligence information, and personnel, (2) the term “Federal law enforcement community” means the heads of the following departments or agencies:(A) the Federal Bureau of Investigation, (B) the Drug Enforcement Administration, (C) the Criminal Division of the Department of Justice, (D) the Internal Revenue Service, (E) the Customs Service, (F) the Immigration and Naturalization Service, (G) the United States Marshals Service, (H) the National Park Service, (I) the United States Postal Service, (J) the Secret Service, (K) the Coast Guard, (L) the National Security Division of the Department of Justice, (M) the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, and (N) other Federal agencies with specific statutory authority to investigate violations of Federal criminal laws, (3) the term “law enforcement emergency” means an uncommon situation which requires law enforcement, which is or threatens to become of serious or epidemic proportions, and with respect to which State and local resources are inadequate to protect the lives and property of citizens or to enforce the criminal law, except that such term does not include—(A) the perceived need for planning or other activities related to crowd control for general public safety projects, or (B) a situation requiring the enforcement of laws associated with scheduled public events, including political conventions and sports events, and (4) the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, or the Commonwealth of the Northern Mariana Islands.

34 U.S.C. § 50103 Limitation on authority

(a) Federal investigationsNothing in this chapter authorizes the use of Federal law enforcement personnel to investigate violations of criminal law other than violations with respect to which investigation is authorized by other provisions of law. (b) Federal supervisionNothing in this chapter shall be construed to authorize the Attorney General or the Federal law enforcement community to exercise any direction, supervision, or control over any police force or other criminal justice agency of an applicant for Federal law enforcement assistance. (c) Racial balance in criminal justice agenciesNothing in this chapter shall be construed to authorize the Attorney General or the Federal law enforcement community—(1) to condition the availability or amount of Federal law enforcement assistance upon the adoption by an applicant for such assistance of, or (2) to deny or discontinue such assistance upon the failure of such applicant to adopt, a percentage ratio, quota system, or other program to achieve racial balance in any criminal justice agency of such applicant. (d) Federal supplantation of State fundsNo funds provided under this chapter may be used to supplant State or local funds that would otherwise be made available for such purposes. (e) Other authorities unaffectedNothing in this chapter shall be construed to limit any authority to provide emergency assistance otherwise provided by law.

34 U.S.C. § 50104 Prohibition of discrimination

(a) Federally assisted emergency assistance activitiesNo person in any State shall, on the ground of race, color, religion, national origin, or sex, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any activity for which Federal law enforcement assistance is provided under this chapter. (b) Provisions of section 10228(c)(3) and (4) of this title applicable to violationsParagraph (3) and paragraph (4) of section 10228(c) of this title shall apply with respect to a violation of subsection (a), except that the terms “this section” and “paragraph (1)”, as such terms appear in such paragraphs, shall be deemed to be references to subsection (a) of this section, and a reference to the Office of Justice Programs in such paragraphs shall be deemed to be a reference to the Attorney General.

34 U.S.C. § 50105 Confidentiality of information

Section 10231 of this title shall apply with respect to— (1) information furnished under this chapter, (2) criminal history information collected, stored, or disseminated with the support of Federal law enforcement assistance provided under this chapter, and (3) criminal intelligence systems operating with the support of Federal law enforcement assistance provided under this chapter, except that the terms “this chapter” and “this section”, as such terms appear in such section 10231 of this title, shall be deemed to be references to this chapter and this section, respectively, and a reference to the Office of Justice Programs in such section 10231 shall be deemed to be a reference to the Attorney General.

34 U.S.C. § 50106 Prohibition of land acquisition

No funds provided under this chapter shall be used for land acquisition.

34 U.S.C. § 50107 Repayment

(a) Violation of conditions; amountIf Federal law enforcement assistance provided under this chapter is used by the recipient of such assistance in violation of section 50104 11 See References in Text note below. of this title or for any purpose other than the purpose for which it is provided, then such recipient shall promptly repay to the Attorney General an amount equal to the value of such assistance. (b) Civil actionThe Attorney General may bring a civil action in an appropriate United States district court to recover any amount required to be repaid under subsection (a).

34 U.S.C. § 50108 Recordkeeping requirement

(a) Each recipient of Federal law enforcement assistance provided under this chapter shall keep such records as the Attorney General may prescribe to facilitate an effective audit. (b) The Attorney General and the Comptroller General of the United States shall have access, for the purpose of audit and examination, to any books, documents, and records of recipients of Federal law enforcement assistance provided under this chapter which, in the opinion of the Attorney General or the Comptroller General, are related to the receipt or use of such assistance.

34 U.S.C. § 50109 Bureau of Justice Assistance

The Director of the Bureau of Justice Assistance may assist the Attorney General in providing Federal law enforcement assistance under this chapter and in coordinating the activities authorized under this chapter.

34 U.S.C. § 50110 Limitation on civil justice matters

Federal law enforcement assistance provided under this chapter may not be used with respect to civil justice matters except to the extent that such civil justice matters bear directly and substantially upon criminal justice matters or are inextricably intertwined with criminal justice matters.

34 U.S.C. § 50111 Issuance of rules

The Attorney General, after consultation with appropriate members of the law enforcement community and with State and local officials, shall issue rules to carry out this chapter.

34 U.S.C. § 50112 Authorization of appropriations

(a) Assistance in form of fundsThere is authorized to be appropriated $20,000,000 for each fiscal year ending after September 30, 2022, to provide under this chapter Federal law enforcement assistance in the form of funds. (b) Assistance other than fundsThere are authorized to be appropriated for each fiscal year ending after September 30, 1984, such sums as may be necessary to provide under this chapter Federal law enforcement assistance other than funds.