34 U.S.C. § 12523 — Violent crime and drug emergency areas
submitted 32 years ago by Pub. L. 103-322 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 702 words · no verdicts yet
If violent crime or drug activity gets so bad in a State or part of a State that local resources cannot handle it, the President can declare it a "violent crime or drug emergency area" and send federal help. A State or local government must formally request this, with a written plan and goals, and the Attorney General must decide within 30 days. Federal help normally lasts up to a year, with a possible 180-day extension.
(a) Definitions. A "major violent crime or drug-related emergency" is a situation where violent crime, drug smuggling, trafficking, or drug-related violence gets so bad — as the President decides — that federal help is needed to support State and local efforts to save lives and protect property, health, and safety. "State" includes the 50 states, D.C., Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(b) Declaration. If such an emergency exists in all or part of a State, the President may declare that area a violent crime or drug emergency area and take the actions this section allows.
(c) Procedure. (1) The chief executive of a State or local government (or the mayor, for D.C.) must submit a written request to the Attorney General, in whatever form the Attorney General requires; multiple governments may request together. (2) The request must include a written finding that the emergency is serious enough that federal help is necessary to save lives and protect property, health, and safety.
(d) Irrelevancy of population density. The President must not limit these declarations to big cities — the President must also consider requests from less-populated areas where local government cannot handle the problem.
(e) Requirements. To request a declaration, the local chief executive must: (1) take appropriate action under State or local law and report what State and local resources have been or will be committed; (2) submit a detailed short- and long-term response plan, including the type and amount of federal help wanted and specific, measurable goals and deadlines; and (3) explain how the requested federal help would achieve those goals.
(f) Review period. The Attorney General must review the request, and the President must decide whether to declare the emergency area, within 30 days of receiving it.
(g) Federal assistance. The President may: (1) direct any federal agency to use its legal powers and resources — including staff, equipment, supplies, facilities, money, and expert help — to support State and local efforts, with or without reimbursement; and (2) provide technical help, including communications support and law-enforcement intelligence.
(h) Duration. (1) Federal assistance under this section cannot last more than 1 year. (2) A local chief executive may ask the President for an extension, and the President may extend the assistance for up to another 180 days.
(i) Regulations. The Attorney General had to issue regulations to carry out this section within 120 days of September 13, 1994.
(j) No effect on existing authority. Nothing in this section reduces any power the President or Attorney General already has.
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.
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.
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.
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.
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.
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—
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;
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
specify how Federal assistance provided under this section is intended to achieve those goals.
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.
The President may—
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
provide technical and advisory assistance, including communications support and law enforcement-related intelligence information.
Federal assistance under this section shall not be provided to a violent crime or drug emergency area for more than 1 year.
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.
Not later than 120 days after September 13, 1994, the Attorney General shall issue regulations to implement this section.
Nothing in this section shall diminish or detract from existing authority possessed by the President or Attorney General.
Source credit: (Pub. L. 103–322, title IX, § 90107, Sept. 13, 1994, 108 Stat. 1988.)
- 1994Enacted · Pub. L. 103-322 · 108 Stat. 1988
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1994-09-13.
all 0 arguments · sorted by: best
no arguments yet — make the first case