34 U.S.C. § 50103: Limitation on authority

Summary

Limits how the federal government can use its police powers and money with local criminal justice agencies. Federal officers may only investigate crimes when another law already lets them. The Attorney General and federal law enforcement cannot run, direct, or control a local police force that asks for federal help. Federal aid cannot be tied to or withheld for adopting racial quotas or percentage programs to reach racial balance. Federal grant money also must not replace state or local funds that would otherwise be spent. Other emergency help allowed by law is still allowed.

Title 34, §50103

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(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.

Editorial Notes

Codification Section was formerly classified to section 10503 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§50103 Limitation on Authority

Summary

Title 34, §50103

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata