
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC14053]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
                       SUBCHAPTER IV--DRUG CONTROL
 
Sec. 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.

(Pub. L. 103-322, title IX, Sec. 90107, Sept. 13, 1994, 108 Stat. 1988.)
