§50102. Definitions — Inbound Citations
34 U.S.C. § 50102
Cited by 59 provisions in release 119-102.
Citations to §50102(1)
-
(a) 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.
-
(c) 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—(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.].
-
(b) 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.
-
(1) to condition the availability or amount of Federal law enforcement assistance upon the adoption by an applicant for such assistance of, or
-
(a) No person in any State shall, on the ground of race, color, religion, national origin, or sex, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any activity for which Federal law enforcement assistance is provided under this chapter.
-
(2) criminal history information collected, stored, or disseminated with the support of Federal law enforcement assistance provided under this chapter, and
-
(3) criminal intelligence systems operating with the support of Federal law enforcement assistance provided under this chapter,
-
(a) If Federal law enforcement assistance provided under this chapter is used by the recipient of such assistance in violation of section 501041 of this title or for any purpose other than the purpose for which it is provided, then such recipient shall promptly repay to the Attorney General an amount equal to the value of such assistance.
-
(a) Each recipient of Federal law enforcement assistance provided under this chapter shall keep such records as the Attorney General may prescribe to facilitate an effective audit.
-
(b) The Attorney General and the Comptroller General of the United States shall have access, for the purpose of audit and examination, to any books, documents, and records of recipients of Federal law enforcement assistance provided under this chapter which, in the opinion of the Attorney General or the Comptroller General, are related to the receipt or use of such assistance.
-
The Director of the Bureau of Justice Assistance may assist the Attorney General in providing Federal law enforcement assistance under this chapter and in coordinating the activities authorized under this chapter.
-
Federal law enforcement assistance provided under this chapter may not be used with respect to civil justice matters except to the extent that such civil justice matters bear directly and substantially upon criminal justice matters or are inextricably intertwined with criminal justice matters.
-
(a) There is authorized to be appropriated $20,000,000 for each fiscal year ending after September 30, 2022, to provide under this chapter Federal law enforcement assistance in the form of funds.
-
(b) There are authorized to be appropriated for each fiscal year ending after September 30, 1984, such sums as may be necessary to provide under this chapter Federal law enforcement assistance other than funds.
Citations to §50102(2)
-
(b) 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.
-
(b) 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) 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.
Citations to §50102(3)
-
(a) 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.
-
(c) 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—(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.].
Citations to §50102(4)
-
(a) 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) 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.
-
(3) the availability of State and local criminal justice resources to resolve the problem,
-
(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.].
-
(d) No funds provided under this chapter may be used to supplant State or local funds that would otherwise be made available for such purposes.
-
(a) No person in any State shall, on the ground of race, color, religion, national origin, or sex, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any activity for which Federal law enforcement assistance is provided under this chapter.
-
The Attorney General, after consultation with appropriate members of the law enforcement community and with State and local officials, shall issue rules to carry out this chapter.
-
(II) the protection of Federal, State, local, or foreign government officials against threats to personal safety; and
-
(7) The term “State and Local Board” means the State and Local Law Enforcement Congressional Badge of Bravery Board established under section 50323(a) of this title.
-
(9) The term “State and Local Law Enforcement Badge” means the State and Local Law Enforcement Congressional Badge of Bravery described in section 50321 of this title.
-
(10) The term “State or local agency head” means the head of any executive, legislative, or judicial branch entity of a State or local government that employs State or local law enforcement officers.
-
(11) The term “State or local law enforcement officer” means an employee of a State or local government—(A) who has statutory authority to make arrests or apprehensions;(B) who is authorized by the agency of the employee to carry firearms; and(C) whose duties are primarily—(i) engagement in or supervision of the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law; or(ii) the protection of Federal, State, local, or foreign government officials against threats to personal safety.
-
(ii) the protection of Federal, State, local, or foreign government officials against threats to personal safety.
-
(2) Federal Board members who serve as officers or employees of the Federal Government or a State or a local government may not receive additional pay, allowances, or benefits by reason of their service on the Federal Board.
-
The Attorney General may award, and a Member of Congress or the Attorney General may present, in the name of Congress a State and Local Law Enforcement Congressional Badge of Bravery to a State or local law enforcement officer who is cited by the Attorney General, upon the recommendation of the State and Local Board, for performing an act of bravery while in the line of duty.
-
(a) There is established within the Department of Justice a State and Local Law Enforcement Congressional Badge of Bravery Board.
-
(3) State and Local Board members shall be individuals with knowledge or expertise, whether by experience or training, in the field of State and local law enforcement.
-
(2) State and Local Board members who serve as officers or employees of the Federal Government or a State or a local government may not receive additional pay, allowances, or benefits by reason of their service on the State and Local Board.
-
(3) The term “Blue Alert plan” means the plan of a State, unit of local government, or Federal agency participating in the network for the dissemination of information received as a Blue Alert.
-
The Attorney General shall establish a national Blue Alert communications network within the Department of Justice to issue Blue Alerts through the initiation, facilitation, and promotion of Blue Alert plans, in coordination with States, units of local government, law enforcement agencies, and other appropriate entities.
-
(1) provide assistance to States and units of local government that are using Blue Alert plans;
-
(2) establish voluntary guidelines for States and units of local government to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including—(A) a list of the resources necessary to establish a Blue Alert plan;(B) criteria for evaluating whether a situation warrants issuing a Blue Alert;(C) guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert and the family of the law enforcement officer;(D) guidelines that a Blue Alert should only be issued with respect to a law enforcement officer if—(i) the law enforcement agency involved—(I) confirms—(aa) the death or serious injury of the law enforcement officer; or(bb) the attack on the law enforcement officer and that there is an indication of the death or serious injury of the officer; or(II) concludes that the law enforcement officer is missing in connection with the officer’s official duties;(ii) there is an indication of serious injury to or death of the law enforcement officer;(iii) the suspect involved has not been apprehended; and(iv) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers;(E) guidelines that a Blue Alert should only be issued with respect to a threat to cause death or serious injury to a law enforcement officer if—(i) a law enforcement agency involved confirms that the threat is imminent and credible;(ii) at the time of receipt of the threat, the suspect is wanted by a law enforcement agency;(iii) the suspect involved has not been apprehended; and(iv) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers;(F) guidelines—(i) that information should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under section 534 of title 28, and any relevant crime information repository of the State involved, relating to—(I) a law enforcement officer who is seriously injured or killed in the line of duty; or(II) an imminent and credible threat to cause the serious injury or death of a law enforcement officer;(ii) that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines;(iii) for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and(iv) providing that a Blue Alert should be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and(G) guidelines for—(i) the issuance of Blue Alerts through the network; and(ii) the extent of the dissemination of alerts issued through the network;
-
(i) that information should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under section 534 of title 28, and any relevant crime information repository of the State involved, relating to—(I) a law enforcement officer who is seriously injured or killed in the line of duty; or(II) an imminent and credible threat to cause the serious injury or death of a law enforcement officer;
-
(ii) that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines;
-
(iii) for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and
-
(5) establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the network with initiating, facilitating, and promoting Blue Alert plans, which shall include—(A) to the maximum extent practicable, representation from the various geographic regions of the United States; and(B) members who are—(i) representatives of a law enforcement organization representing rank-and-file officers;(ii) representatives of other law enforcement agencies and public safety communications;(iii) broadcasters, first responders, dispatchers, and radio station personnel; and(iv) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the network;
-
(2) The guidelines established under subsection (b)(2) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local government), provide that appropriate information relating to a Blue Alert is disseminated to the appropriate officials of law enforcement agencies, public health agencies, and other agencies.
-
(A) provide mechanisms that ensure that Blue Alerts comply with all applicable Federal, State, and local privacy laws and regulations; and
-
(2) lobby any officer of a State regarding the funding or implementation of a Blue Alert plan; or
-
(2) the term “law enforcement officer” means any current or former officer (including a correctional officer), agent, or employee of the United States, a State, Indian Tribe, or a political subdivision of a State authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of the criminal laws of the United States, a State, Indian Tribe, or a political subdivision of a State; and
-
(2) The term “first responder agency” means a Federal, State, local, or Tribal agency that employs or otherwise engages the services of a first responder.
-
(1) A local, State, Tribal, territorial, or Federal law enforcement officer or first responder who was killed in the line of duty shall be eligible for the medal of sacrifice established under subsection (a).
-
(A) A local, State, Tribal, territorial, or Federal law enforcement officer or first responder who is killed in the line of duty, but who is subject to an official finding of wrongdoing, shall not be eligible for the medal of sacrifice established under subsection (a).
-
(B) In the case of an official finding of wrongdoing, the Commission established under subsection (c) shall investigate the circumstances surrounding the law enforcement officer’s or first responder’s cause of death, including considering any findings by the local, State, Tribal, territorial, or Federal agency with respect to the officer’s or responder’s death. The Commission established under subsection (c) shall make a final determination as to the officer’s eligibility for the medal established under subsection (a).