Collapse to view only § 50108. Recordkeeping requirement
- § 50101. Application for assistance
- § 50102. Definitions
- § 50103. Limitation on authority
- § 50104. Prohibition of discrimination
- § 50105. Confidentiality of information
- § 50106. Prohibition of land acquisition
- § 50107. Repayment
- § 50108. Recordkeeping requirement
- § 50109. Bureau of Justice Assistance
- § 50110. Limitation on civil justice matters
- § 50111. Issuance of rules
- § 50112. Authorization of appropriations
§ 50101. Application for assistance
(a) State as applicant
(b) Execution of application; period for action of Attorney General on 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 [34 U.S.C. 10101 et seq.].
(Pub. L. 98–473, title II, § 609M, Oct. 12, 1984, 98 Stat. 2103; Pub. L. 109–162, title XI, § 1113, Jan. 5, 2006, 119 Stat. 3103.)
§ 50102. DefinitionsFor 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.
(Pub. L. 98–473, title II, § 609N, Oct. 12, 1984, 98 Stat. 2104; Pub. L. 107–296, title XI, § 1112(o), Nov. 25, 2002, 116 Stat. 2278; Pub. L. 109–177, title V, § 506(a)(11), Mar. 9, 2006, 120 Stat. 248.)
§ 50103. Limitation on authority
(a) Federal investigations
(b) Federal supervision
(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
(e) Other authorities unaffected
(Pub. L. 98–473, title II, § 609O, Oct. 12, 1984, 98 Stat. 2105.)
§ 50104. Prohibition of discrimination
(a) Federally assisted emergency assistance activities
(b) Provisions of section 10228(c)(3) and (4) of this title applicable to violations
(Pub. L. 98–473, title II, § 609P, Oct. 12, 1984, 98 Stat. 2105.)
§ 50105. Confidentiality of information
(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.
(Pub. L. 98–473, title II, § 609Q, Oct. 12, 1984, 98 Stat. 2105.)
§ 50106. Prohibition of land acquisition
No funds provided under this chapter shall be used for land acquisition.
(Pub. L. 98–473, title II, § 609R, Oct. 12, 1984, 98 Stat. 2106.)
§ 50107. Repayment
(a) Violation of conditions; amount
(b) Civil action
(Pub. L. 98–473, title II, § 609S, Oct. 12, 1984, 98 Stat. 2106.)
§ 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.
(Pub. L. 98–473, title II, § 609T, Oct. 12, 1984, 98 Stat. 2106.)
§ 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.
(Pub. L. 98–473, title II, § 609V, Oct. 12, 1984, 98 Stat. 2106.)
§ 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.
(Pub. L. 98–473, title II, § 609W, Oct. 12, 1984, 98 Stat. 2106.)
§ 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.
(Pub. L. 98–473, title II, § 609X, Oct. 12, 1984, 98 Stat. 2107.)
§ 50112. Authorization of appropriations
(a) Assistance in form of funds
(b) Assistance other than funds
(Pub. L. 98–473, title II, § 609Y, Oct. 12, 1984, 98 Stat. 2107; Pub. L. 114–198, title II, § 201(b), July 22, 2016, 130 Stat. 714; Pub. L. 115–401, § 3, Dec. 31, 2018, 132 Stat. 5342.)