§50101 — Title 34 Navy | U.S. Code

Summary

A State can ask the federal government for law enforcement help when there is an emergency in the whole State or part of it. The State’s chief executive (for example, the governor) must send a written request to the Attorney General on a form the Attorney General provides. The Attorney General must consult with the Assistant Attorney General for the Office of Justice Programs and federal law enforcement and then approve or deny the request within 10 days. Federal help will be given only if it is needed to respond properly. The Attorney General will weigh the size and cause of the emergency, whether state or local forces can handle it, the cost of more federal officers, the need to avoid unnecessary federal involvement in local matters, and any aid the State has received or could get under Title I of the Omnibus Crime Control and Safe Streets Act of 1968.

Title 34, §50101

Navy — Source: USLM XML via OLRC

(a)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)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 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)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.].

Notes & Related Subsidiaries

Editorial Notes

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. Title I of the Act is classified principally to chapter 101 (§ 10101 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

of 1968 Act note set out under section 10101 of this title and Tables. Codification Section was formerly classified to section 10501 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2006—Subsec. (b). Pub. L. 109–162 substituted “the Assistant Attorney General for the Office of Justice Programs” for “the Director of the Office of Justice Assistance”.

Statutory Notes and Related Subsidiaries

Effective Date

Chapter effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as a note under section 10101 of this title.

§50101 Application for assistance