34 U.S.C. § 50101 — Application for assistance

Page 652 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 50101 (c) pursue appropriate legislation, consistent with the Constitution’s regime of limited and enumerated Fed- eral powers, that will define new Federal crimes, and increase penalties for existing Federal crimes, in order to prevent violence against Federal, State, tribal, and local law enforcement officers. SEC. 2. Implementation. In furtherance of the policy set forth in section 1 of this order, the Attorney Gen- eral shall: (a) develop a strategy for the Department’s use of ex- isting Federal laws to prosecute individuals who com- mit or attempt to commit crimes of violence against Federal, State, tribal, and local law enforcement offi- cers; (b) coordinate with State, tribal, and local govern- ments, and with law enforcement agencies at all levels, including other Federal agencies, in prosecuting crimes of violence against Federal, State, tribal, and local law enforcement officers in order to advance adequate multi-jurisdiction prosecution efforts; (c) review existing Federal laws to determine whether those laws are adequate to address the protection and safety of Federal, State, tribal, and local law enforce- ment officers; (d) following that review, and in coordination with other Federal agencies, as appropriate, make rec- ommendations to the President for legislation to ad- dress the protection and safety of Federal, State, trib- al, and local law enforcement officers, including, if warranted, legislation defining new crimes of violence and establishing new mandatory minimum sentences for existing crimes of violence against Federal, State, tribal, and local law enforcement officers, as well as for related crimes; (e) coordinate with other Federal agencies to develop an executive branch strategy to prevent violence against Federal, State, tribal, and local law enforce- ment officers; (f) thoroughly evaluate all grant funding programs currently administered by the Department to deter- mine the extent to which its grant funding supports and protects Federal, State, tribal, and local law en- forcement officers; and (g) recommend to the President any changes to grant funding, based on the evaluation required by subsection (f) of this section, including recommendations for legis- lation, as appropriate, to adequately support and pro- tect Federal, State, tribal, and local law enforcement officers. SEC. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. EXECUTIVE ORDER NO. 13929 Ex. Ord. No. 13929, June 16, 2020, 85 F.R. 37325, which related to law enforcement agency independent credentialing bodies, a Federal database concerning in- stances of excessive use of force related to law enforce- ment matters, policing of individuals who suffer from impaired mental health, homelessness, or addiction, and legislation to improve law enforcement practices and build community engagement, was revoked by Ex. Ord. No. 14074, § 22(b), May 25, 2022, 87 F.R. 32962, set out in a note preceding section 10101 of this title. CHAPTER 501—EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE Sec. 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 In the event that a law enforcement emer- gency exists throughout a State or a part of a State, a State (on behalf of itself or another ap- propriate 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 sec- tion shall be submitted in writing by the chief executive officer of a State to the Attorney Gen- eral, 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 enforce- ment community, approve or disapprove such application not later than 10 days after receiv- ing such application. (c) Criteria Federal law enforcement assistance may be provided if such assistance is necessary to pro- vide 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 cir- cumstances which produced such emergency, (3) the availability of State and local crimi- nal justice resources to resolve the problem, (4) the cost associated with the increased Federal presence, (5) the need to avoid unnecessary Federal in- volvement and intervention in matters pri- marily 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.) 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 Page 653 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 50102 19, 1968, 82 Stat. 197. Title I of the Act is classified prin- cipally 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 edi- torial reclassification and renumbering as this section. AMENDMENTS 2006—Subsec. (b). Pub. L. 109–162 substituted ‘‘the As- sistant Attorney General for the Office of Justice Pro- grams’’ for ‘‘the Director of the Office of Justice Assist- ance’’. 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. § 50102. Definitions For purposes of this chapter— (1) the term ‘‘Federal law enforcement as- sistance’’ means funds, equipment, training, intelligence information, and personnel, (2) the term ‘‘Federal law enforcement com- munity’’ means the heads of the following de- partments or agencies: (A) the Federal Bureau of Investigation, (B) the Drug Enforcement Administration, (C) the Criminal Division of the Depart- ment 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, Fire- arms, and Explosives, Department of Jus- tice, 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 be- come of serious or epidemic proportions, and with respect to which State and local re- sources 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 Is- lands, Guam, American Samoa, the Trust Ter- ritory of the Pacific Islands, or the Common- wealth 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.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this subdivision’’ probably meaning subtitle B (which probably should have been designated ‘‘subdivision’’ B) of division I of chapter VI of title II of Pub. L. 98–473, which enacted this chapter. CODIFICATION Section was formerly classified to section 10502 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2006—Par. (2)(L) to (N). Pub. L. 109–177 added subpar. (L) and redesignated former subpars. (L) and (M) as (M) and (N), respectively. 2002—Par. (2)(L). Pub. L. 107–296 substituted ‘‘Bureau of Alcohol, Tobacco, Firearms, and Explosives, Depart- ment of Justice’’ for ‘‘Bureau of Alcohol, Tobacco, and Firearms’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related