US (United States) Code. Title 42. Chapter 111: Emergency Federal Law enforcement assistance

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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42 USC CHAPTER 111 - EMERGENCY FEDERAL LAW ENFORCEMENT

ASSISTANCE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 111 - EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE

-HEAD-

CHAPTER 111 - EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE

-MISC1-

Sec.

10501. Application for assistance.

(a) State as applicant.

(b) Execution of application; period for action of

Attorney General on application.

(c) Criteria.

10502. Definitions.

10503. Limitation on authority.

(a) Federal investigations.

(b) Federal supervision.

(c) Racial balance in criminal justice agencies.

(d) Federal supplantation of State funds.

(e) Other authorities unaffected.

10504. Prohibition of discrimination.

(a) Federally assisted emergency assistance

activities.

(b) Provisions of section 3789d(c)(3) and (4) of

this title applicable to violations.

10505. Confidentiality of information.

10506. Prohibition of land acquisition.

10507. Repayment.

(a) Violation of conditions; amount.

(b) Civil action.

10508. Recordkeeping requirement.

10509. Repealed.

10510. Bureau of Justice Assistance.

10511. Limitation on civil justice matters.

10512. Issuance of rules.

10513. Authorization of appropriations.

(a) Assistance in form of funds.

(b) Assistance other than funds.

-End-

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42 USC Sec. 10501 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 111 - EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 10501. Application for assistance

-STATUTE-

(a) State as applicant

In 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 application

An 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 Director of the Office of Justice Assistance and

appropriate members of the Federal law enforcement community,

approve or disapprove such application not later than 10 days after

receiving such application.

(c) Criteria

Federal 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

[42 U.S.C. 3701 et seq.].

-SOURCE-

(Pub. L. 98-473, title II, Sec. 609M, Oct. 12, 1984, 98 Stat.

2103.)

-REFTEXT-

REFERENCES IN TEXT

The Omnibus Crime Control and Safe Streets Act of 1968, referred

to in subsec. (c)(6), is Pub. L. 90-351, June 19, 1968, 82 Stat.

197, as amended, title I of which is classified principally to

chapter 46 (Sec. 3701 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 3701 of this title and Tables.

-MISC1-

EFFECTIVE DATE

Chapter effective Oct. 12, 1984, see section 609AA(a) of Pub. L.

98-473, set out as a note under section 3711 of this title.

-End-

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42 USC Sec. 10502 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 111 - EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 10502. Definitions

-STATUTE-

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 Bureau of Alcohol, Tobacco, Firearms, and Explosives,

Department of Justice, and

(M) 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.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 609N, Oct. 12, 1984, 98 Stat. 2104;

Pub. L. 107-296, title XI, Sec. 1112(o), Nov. 25, 2002, 116 Stat.

2278.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

subdivision" probably meaning subtitle B (that probably should have

been designated "subdivision" B) of division I of chapter VI of

title II of Pub. L. 98-473, which enacted this chapter.

-MISC1-

AMENDMENTS

2002 - Par. (2)(L). Pub. L. 107-296 substituted "Bureau of

Alcohol, Tobacco, Firearms, and Explosives, Department of Justice"

for "Bureau of Alcohol, Tobacco, and Firearms".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

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42 USC Sec. 10503 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 111 - EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 10503. Limitation on authority

-STATUTE-

(a) Federal investigations

Nothing 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 supervision

Nothing 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 agencies

Nothing 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 funds

No 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 unaffected

Nothing in this chapter shall be construed to limit any authority

to provide emergency assistance otherwise provided by law.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 609O, Oct. 12, 1984, 98 Stat.

2105.)

-End-

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42 USC Sec. 10504 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 111 - EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 10504. Prohibition of discrimination

-STATUTE-

(a) Federally assisted emergency assistance activities

No 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 3789d(c)(3) and (4) of this title

applicable to violations

Paragraph (3) and paragraph (4) of section 3789d(c) of this title

shall apply with respect to a violation of subsection (a) of this

section, 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.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 609P, Oct. 12, 1984, 98 Stat.

2105.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10507 of this title.

-End-

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42 USC Sec. 10505 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 111 - EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 10505. Confidentiality of information

-STATUTE-

Section 3789g 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 3789g 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

3789g shall be deemed to be a reference to the Attorney General.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 609Q, Oct. 12, 1984, 98 Stat.

2105.)

-End-

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42 USC Sec. 10506 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 111 - EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 10506. Prohibition of land acquisition

-STATUTE-

No funds provided under this chapter shall be used for land

acquisition.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 609R, Oct. 12, 1984, 98 Stat.

2106.)

-End-

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42 USC Sec. 10507 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 111 - EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 10507. Repayment

-STATUTE-

(a) Violation of conditions; amount

If Federal law enforcement assistance provided under this chapter

is used by the recipient of such assistance in violation of section

10504 (!1) 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 action

The 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) of this section.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 609S, Oct. 12, 1984, 98 Stat.

2106.)

-REFTEXT-

REFERENCES IN TEXT

Section 10504 of this title, referred to in subsec. (a), was in

the original a reference to "section 554", and was translated as if

it had been a reference to section 609P of Pub. L. 98-473, which is

classified to section 10504 of this title to reflect the probable

intent of Congress as manifested in earlier versions of Emergency

Federal Law Enforcement Assistance provisions introduced in the

Congress. Pub. L. 98-473 does not contain a section 554.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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42 USC Sec. 10508 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 111 - EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 10508. Recordkeeping requirement

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 609T, Oct. 12, 1984, 98 Stat.

2106.)

-End-

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42 USC Sec. 10509 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 111 - EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 10509. Repealed. Pub. L. 105-362, title X, Sec. 1001(a), Nov.

10, 1998, 112 Stat. 3291

-MISC1-

Section, Pub. L. 98-473, title II, Sec. 609U, Oct. 12, 1984, 98

Stat. 2106, related to Attorney General's annual report to Congress

and the President on emergency Federal law enforcement assistance.

-End-

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42 USC Sec. 10510 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 111 - EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 10510. Bureau of Justice Assistance

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 609V, Oct. 12, 1984, 98 Stat.

2106.)

-TRANS-

TRANSFER OF FUNCTIONS

Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

to (6) of this title, transferred to Assistant Attorney General for

Office of Justice Programs, see section 1000(a)(1) [title I, Sec.

108(b)] of Pub. L. 106-113, set out as a note under section 3741 of

this title.

-End-

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42 USC Sec. 10511 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 111 - EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 10511. Limitation on civil justice matters

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 609W, Oct. 12, 1984, 98 Stat.

2106.)

-End-

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42 USC Sec. 10512 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 111 - EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 10512. Issuance of rules

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 609X, Oct. 12, 1984, 98 Stat.

2107.)

-End-

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42 USC Sec. 10513 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 111 - EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE

-HEAD-

Sec. 10513. Authorization of appropriations

-STATUTE-

(a) Assistance in form of funds

There is authorized to be appropriated $20,000,000 for each

fiscal year ending after September 30, 1984, to provide under this

chapter Federal law enforcement assistance in the form of funds.

(b) Assistance other than funds

There 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.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 609Y, Oct. 12, 1984, 98 Stat.

2107.)

-End-