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U.S. Code as of:
01/19/04
Section 14053. Violent crime and drug emergency areas
(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.
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