Title 34 — Crime Control and Law Enforcement
Chapter 501 — Emergency Federal Law Enforcement Assistance
§ 50102. Definitions
Statutory text
For purposes of this chapter—
the term “Federal law enforcement assistance” means funds, equipment, training, intelligence information, and personnel,
the term “Federal law enforcement community” means the heads of the following departments or agencies:
the Federal Bureau of Investigation,
the Drug Enforcement Administration,
the Criminal Division of the Department of Justice,
the Internal Revenue Service,
the Customs Service,
the Immigration and Naturalization Service,
the United States Marshals Service,
the National Park Service,
the United States Postal Service,
the Secret Service,
the Coast Guard,
the National Security Division of the Department of Justice,
the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, and
other Federal agencies with specific statutory authority to investigate violations of Federal criminal laws,
the term “law enforcement emergency” means an uncommon situation which requires law enforcement, which is or threatens to become of serious or epidemic proportions, and with respect to which State and local resources are inadequate to protect the lives and property of citizens or to enforce the criminal law, except that such term does not include—
the perceived need for planning or other activities related to crowd control for general public safety projects, or
a situation requiring the enforcement of laws associated with scheduled public events, including political conventions and sports events, and
the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, or the Commonwealth of the Northern Mariana Islands.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 98–473 title II § 609N · 98 Stat. 1837
Enacted · 34 U.S.C. § 50102
Pub. L. 98–473, title II, § 609N, Oct. 12, 1984, 98 Stat. 2104
Source evidence
Code source credit
Pub. L. 98–473, title II, § 609N, Oct. 12, 1984, 98 Stat. 2104Homeland Security Act of 2002
Pub. L. 107–296 title XI § 1112 · 116 Stat. 2135
Substituted · 34 U.S.C. § 50102(2)(L)
Pub. L. 107–296 substituted “Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice” for “Bureau of Alcohol, Tobacco, and Firearms”
Source evidence
Code amendment note
Par. (2)(L). Pub. L. 107–296 substituted “Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice” for “Bureau of Alcohol, Tobacco, and Firearms”.Enacted provision · exact public law section
SEC. 1112. TECHNICAL AND CONFORMING AMENDMENTS. (a) The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8D(b)(1) by striking “Bureau of Alcohol, Tobacco and Firearms” and inserting “Tax and Trade Bureau”; and (2) in section 9(a)(1)(L)(i), by striking “Bureau of Alcohol, Tobacco, and Firearms” and inserting “Tax and Trade Bureau”. (b) Section 1109(c)(2)(A)(i) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (7 U.S.C. 1445-3(c)(2)(A)(i)) is amended by striking “(on ATF Form 3068) by manufacturers of tobacco products to the Bureau of Alcohol, Tobacco and Firearms” and inserting “by manufacturers of tobacco products to the Tax and Trade Bureau”. (c) Section 2(4)( J) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107-173; 8 U.S.C.A. 1701(4)(J)) is amended by striking “Bureau of Alcohol, Tobacco, and Firearms” and inserting “Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice”. (d) Section 3(1)(E) of the Firefighters’ Safety Study Act (15 U.S.C. 2223b(1)(E)) is amended by striking “the Bureau of Alcohol, Tobacco, and Firearms,” and inserting “the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice,”. (e) Chapter 40 of title 18, United States Code, is amended— (1) by striking section 841(k) and inserting the following: “(k) ‘Attorney General’ means the Attorney General of the United States.”; (2) in section 846(a), by striking “the Attorney General and the Federal Bureau of Investigation, together with the Secretary” and inserting “the Federal Bureau of Investigation, together with the Bureau of Alcohol, Tobacco, Firearms, and Explosives”; and (3) by striking “Secretary” each place it appears and inserting “Attorney General”. (f) Chapter 44 of title 18, United States Code, is amended— (1) in section 921(a)(4)(B), by striking “Secretary” and inserting “Attorney General”; (2) in section 921(a)(4), by striking “Secretary of the Treasury” and inserting “Attorney General”; (3) in section 921(a), by striking paragraph (18) and inserting the following: “(18) The term ‘Attorney General’ means the Attorney General of the United States”; (4) in section 922(p)(5)(A), by striking “after consultation with the Secretary” and inserting “after consultation with the Attorney General”; (5) in section 923(1), by striking “Secretary of the Treasury” and inserting “Attorney General”; and (6) by striking “Secretary” each place it appears, except before “of the Army” in section 921(a)(4) and before “of Defense” in section 922(p)(5)(A), and inserting the term “Attorney General”. (g) Section 1261(a) of title 18, United States Code, is amended to read as follows: “(a) The Attorney General— “(1) shall enforce the provisions of this chapter; and “(2) has the authority to issue regulations to carry out the provisions of this chapter.”. (h) Section 1952(c) of title 18, United States Code, is amended by striking “Secretary of the Treasury” and inserting “Attorney General”. (i) Chapter 114 of title 18, United States Code, is amended— (1) by striking section 2341(5), and inserting the following: “(5) the term ‘Attorney General’ means the Attorney General of the United States”; and (2) by striking “Secretary” each place it appears and inserting “Attorney General”. (j) Section 6103(i)(8)(A)(i) of the Internal Revenue Code of 1986 (relating to confidentiality and disclosure of returns and return information) is amended by striking “or the Bureau of Alcohol, Tobacco and Firearms” and inserting “, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, or the Tax and Trade Bureau, Department of the Treasury,”. (k) Section 7801(a) of the Internal Revenue Code of 1986 (relating to the authority of the Department of the Treasury) is amended— (1) by striking “Secretary.—Except” and inserting “Secretary.— “(1) In general.— Except”; and (2) by adding at the end the following: “(2) Administration and enforcement of certain provisions by attorney general.— “(A) In general.— The administration and enforcement of the following provisions of this title shall be performed by or under the supervision of the Attorney General; and the term ‘Secretary’ or ‘Secretary of the Treasury’ shall, when applied to those provisions, mean the Attorney General; and the term ‘internal revenue officer’ shall, when applied to those provisions, mean any officer of the Bureau of Alcohol, Tobacco, Firearms, and Explosives so designated by the Attorney General: “(i) Chapter 53. “(ii) Chapters 61 through 80, to the extent such chapters relate to the enforcement and administration of the provisions referred to in clause (i). “(B) Use of existing rulings and interpretations.— Nothing in this Act alters or repeals the rulings and interpretations of the Bureau of Alcohol, Tobacco, and Firearms in effect on the effective date of the Homeland Security Act of 2002, which concern the provisions of this title referred to in subparagraph (A). The Attorney General shall consult with the Secretary to achieve uniformity and consistency in administering provisions under chapter 53 of title 26, United States Code.”. (l) Section 2006(2) of title 28, United States Code, is amended by inserting “, the Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice,” after “the Secretary of the Treasury”. (m) Section 713 of title 31, United States Code, is amended— (1) by striking the section heading and inserting the following: “§ 713. Audit of Internal Revenue Service, Tax and Trade Bureau, and Bureau of Alcohol, Tobacco, Firearms, and Explosives”; (2) in subsection (a), by striking “Bureau of Alcohol, Tobacco, and Firearms,” and inserting “Tax and Trade Bureau, Department of the Treasury, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice”; and (3) in subsection (b)— (A) in paragraph (1)(B), by striking “or the Bureau” and inserting “or either Bureau”; (B) in paragraph (2)— (i) by striking “or the Bureau” and inserting “or either Bureau”; and (ii) by striking “and the Director of the Bureau” and inserting “the Tax and Trade Bureau, Department of the Treasury, and the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice”; and (C) in paragraph (3), by striking “or the Bureau” and inserting “or either Bureau”. (n) Section 9703 of title 31, United States Code, is amended— (1) in subsection (a)(2)(B)— (A) in clause (iii)(III), by inserting “and” after the semicolon; (B) in clause (iv), by striking “; and” and inserting a period; and (C) by striking clause (v); (2) by striking subsection (o); (3) by redesignating existing subsection (p) as subsection (o); and (4) in subsection (o)(1), as redesignated by paragraph (3), by striking “Bureau of Alcohol, Tobacco and Firearms” and inserting “Tax and Trade Bureau”. (o) Section 609N(2)(L) of the Justice Assistance Act of 1984 (42 U.S.C. 10502(2)(L)) is amended by striking “Bureau of Alcohol, Tobacco, and Firearms” and inserting “Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice”. (p) Section 32401(a) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13921(a)) is amended— (1) by striking “Secretary of the Treasury” each place it appears and inserting “Attorney General”; and (2) in subparagraph (3)(B), by striking “Bureau of Alcohol, Tobacco and Firearms” and inserting “Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice”. (q) Section 80303 of title 49, United States Code, is amended— (1) by inserting “or, when the violation of this chapter involves contraband described in paragraph (2) or (5) of section 80302(a), the Attorney General” after “section 80304 of this title.”; and (2) by inserting “, the Attorney General,” after “by the Secretary”. (r) Section 80304 of title 49, United States Code, is amended— (1) in subsection (a), by striking “(b) and (c)” and inserting “(b), (c), and (d)”; (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c), the following: “(d) Attorney General.— The Attorney General, or officers, employees, or agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice designated by the Attorney General, shall carry out the laws referred to in section 80306(b) of this title to the extent that the violation of this chapter involves contraband described in section 80302 (a)(2) or (a)(5).”. (s) Section 103 of the Gun Control Act of 1968 (Public Law 90-618; 82 Stat. 1226) is amended by striking “Secretary of the Treasury” and inserting “Attorney General”.Effective date note
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.USA PATRIOT Improvement and Reauthorization Act of 2005
Pub. L. 109–177 title V § 506(a)(11) · 120 Stat. 192
Added · 34 U.S.C. § 50102(2)(L)(N)
Pub. L. 109–177 added subpar. (L)
Redesignated · 34 U.S.C. § 50102(2)(L)(N)
Pub. L. 109–177 redesignated former subpars. (L) and (M) as (M) and (N), respectively
Source evidence
Code amendment note
Par. (2)(L) to (N). Pub. L. 109–177 added subpar. (L) and redesignated former subpars. (L) and (M) as (M) and (N), respectively.Enacted provision · exact public law section
(11) Inclusion in federal law enforcement community for emergency federal law enforcements assistance purposes.— Section 609N(2) of the Justice Assistance Act of 1984 (42 U.S.C. 10502(2)) is amended— (A) by redesignating subparagraphs (L) and (M) as subparagraphs (M) and (N), respectively; and (B) by inserting after subparagraph (K) the following new subparagraph (L): “(L) the National Security Division of the Department of Justice,” .
3 of 4 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
This chapter, referred to in text, was in the original “this subdivision” probably meaning subtitle B (which probably should have been designated “subdivision” B) of division I of chapter VI of title II of Pub. L. 98–473, which enacted this chapter.
Codification
Section was formerly classified to section 10502 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments2002–2006 · 2 rounds
2006
Par. (2)(L) to (N). Pub. L. 109–177 added subpar. (L) and redesignated former subpars. (L) and (M) as (M) and (N), respectively.
2002
Par. (2)(L). Pub. L. 107–296 substituted “Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice” for “Bureau of Alcohol, Tobacco, and Firearms”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after , see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of , see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.
For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
Credits
1984–2006 · 3 acts
- 1984Pub. L. 98–473, title II, § 609N, , 98 Stat. 2104
- 2002Pub. L. 107–296, title XI, § 1112(o), , 116 Stat. 2278
- 2006Pub. L. 109–177, title V, § 506(a)(11), , 120 Stat. 248.
Show as published
(Pub. L. 98–473, title II, § 609N, , 98 Stat. 2104; Pub. L. 107–296, title XI, § 1112(o), , 116 Stat. 2278; Pub. L. 109–177, title V, § 506(a)(11), , 120 Stat. 248.)