34 U.S.C. § 12523: Violent crime and drug…

Summary

The President can declare all or part of a State to be a violent crime or drug emergency area when violent crime, drug smuggling, trafficking, or drug-related violence is so bad, in the President’s judgment, that federal help is needed to save lives and protect property and public health. "Major violent crime or drug-related emergency" means that kind of severe situation. "State" here means a State, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. A request for a declaration must be made in writing by the chief executive of a State or local government (or the mayor for D.C.) and must include a written finding that federal help is necessary. The request must show what State and local actions and resources have been used, include a detailed short- and long-term plan that lists the federal help wanted, set clear goals and timetables, and explain how federal help will meet those goals. The Attorney General must review the request and the President must decide within 30 days. The President can order federal agencies to help and can provide technical, communications, and intelligence support. Federal help can last up to 1 year, with a possible single extension of up to 180 days. The Attorney General had to issue rules to carry out this law within 120 days after September 13, 1994, and the law does not reduce other powers held by the President or Attorney General.

Title 34, §12523

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(a)Definitions

In this section

“major violent crime or drug-related emergency” means an occasion or instance in which violent crime, drug smuggling, drug trafficking, or drug abuse violence reaches such levels, as determined by the President, that Federal assistance is needed to supplement State and local efforts and capabilities to save lives, and to protect property and public health and safety. “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

(b)Declaration of violent crime and drug emergency areas

If a major violent crime or drug-related emergency exists throughout a State or a part of a State, the President may declare the State or part of a State to be a violent crime or drug emergency area and may take appropriate actions authorized by this section.

(c)Procedure

(1)In general

A request for a declaration designating an area to be a violent crime or drug emergency area shall be made, in writing, by the chief executive officer of a State or local government, respectively (or in the case of the District of Columbia, the mayor), and shall be forwarded to the Attorney General in such form as the Attorney General may by regulation require. One or more cities, counties, States, or the District of Columbia may submit a joint request for designation as a major violent crime or drug emergency area under this subsection.

(2)Finding

A request made under paragraph (1) shall be based on a written finding that the major violent crime or drug-related emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response to save lives and to protect property and public health and safety.

(d)Irrelevancy of population density

The President shall not limit declarations made under this section to highly populated centers of violent crime or drug trafficking, drug smuggling, or drug use, but shall also consider applications from governments of less populated areas where the magnitude and severity of such activities is beyond the capability of the State or local government to respond.

(e)Requirements

As part of a request for a declaration under this section, and as a prerequisite to Federal violent crime or drug emergency assistance under this section, the chief executive officer of a State or local government shall—

(1)take appropriate action under State or local law and furnish information on the nature and amount of State and local resources that have been or will be committed to alleviating the major violent crime- or drug-related emergency;

(2)submit a detailed plan outlining that government’s short- and long-term plans to respond to the violent crime or drug emergency, specifying the types and levels of Federal assistance requested and including explicit goals (including quantitative goals) and timetables; and

(3)specify how Federal assistance provided under this section is intended to achieve those goals.

(f)Review period

The Attorney General shall review a request submitted pursuant to this section, and the President shall decide whether to declare a violent crime or drug emergency area, within 30 days after receiving the request.

(g)Federal assistance

The President may—

(1)direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, financial assistance, and managerial, technical, and advisory services) in support of State and local assistance efforts; and

(2)provide technical and advisory assistance, including communications support and law enforcement-related intelligence information.

(h)Duration of Federal assistance

(1)In general

Federal assistance under this section shall not be provided to a violent crime or drug emergency area for more than 1 year.

(2)Extension

The chief executive officer of a jurisdiction may apply to the President for an extension of assistance beyond 1 year. The President may extend the provision of Federal assistance for not more than an additional 180 days.

(i)Regulations

Not later than 120 days after September 13, 1994, the Attorney General shall issue regulations to implement this section.

(j)No effect on existing authority

Nothing in this section shall diminish or detract from existing authority possessed by the President or Attorney General.

Editorial Notes

Codification Section was formerly classified to section 14053 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§12523 Violent Crime and Drug Emergency Areas

Summary

Title 34, §12523

Notes & Related Subsidiaries

Editorial Notes

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