PRIA, Government Policy, Made Personal

Summary

A State can ask the U.S. Attorney General for federal law enforcement help when a law enforcement emergency affects the whole State or part of it. The governor or chief executive must send a written request in the form the Attorney General requires. After talking with the Office of Justice Programs and federal law enforcement, the Attorney General must approve or deny the request within 10 days. Federal help will be given only if it’s needed for an adequate response. In deciding, the Attorney General will consider the size and cause of the emergency, whether State and local resources can handle it, the cost and impact of adding federal forces, and any aid available under Title I of the Omnibus Crime Control and Safe Streets Act of 1968.

Title 34, §50101

Navy, Source: USLM XML via OLRC

(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 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)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.].

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