42 U.S.C. § 10501
Section 10501 · Application for assistance
Amended 2 times on record
Applied in 3 court decisions — leading case United States v. Wilson (1995)
Most recently applied in 51 F. App'x 321 - B. Willis, C.P.A., Inc. v. Surface Transportation Board (November 2002)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
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.
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—
(1) the nature and extent of such emergency throughout a State or in any part of a State,
(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 [42 U.S.C. 3701 et seq.].
Editorial notes U.S. Code · Office of the Law Revision Counsel
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 19, 1968, 82 Stat. 197, as amended, title I of which is classified principally to chapter 46 (§3701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables.
Amendments
2006—Subsec. (b). Pub. L. 109–162 substituted “the Assistant Attorney General for the Office of Justice Programs” for “the Director of the Office of Justice Assistance”.
Effective Date
Chapter effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as a note under section 3711 of this title.